A. For purposes of this section:

1. "Anemometer" means an instrument for measuring and recording wind speed;

2. "Anemometer tower" means a structure, including all guy wires and accessory facilities, on which an anemometer is mounted, that is fifty (50) feet in height above the ground or higher, is not located within the boundaries of a municipality, and whose appearance is not otherwise regulated by state or federal law; and

3. "Commission" means the Oklahoma Aeronautics Commission.

B. In addition to any zoning requirements of the Airport Zoning Act or the Aircraft Pilot and Passenger Protection Act, the Commission shall promulgate rules regulating the appearance of anemometer towers to ensure that anemometer towers are clearly recognizable in clear air during daylight hours according to the following guidelines:

1. The Commission shall consider the best method for making anemometer towers visible, including but not limited to painting, flagging, or marking the towers and guy wires; and

2. Any rule promulgated pursuant to this section may apply immediately, upon adoption, to anemometer towers constructed after the date of adoption; however, anemometer towers constructed prior to the date of adoption of the rule shall be exempt from the rule for one (1) year from the date of adoption.

C. The Commission shall establish and maintain a database containing the location of all anemometer towers by November 1, 2015. The Commission may contract with a governmental entity or private entity to create and maintain the database.

D. The Commission shall promulgate rules requiring an owner of an anemometer tower to provide the Commission with information specifying the location and height of the tower, and any other information the Commission may require to ensure aviation safety.

E. The Commission shall promulgate rules requiring any person proposing to construct an anemometer tower to notify the Commission of such proposal. The Commission shall require the owner of the proposed tower to provide the Commission with information specifying the location and height of the tower, and any other information the Commission may require to ensure aviation safety.

F. The Commission shall promulgate rules by requiring the owner of an anemometer tower to notify the Commission upon removal or destruction of an anemometer tower.

G. The Commission shall have the authority to promulgate rules and implement administrative penalties to enforce the provisions of this act.

H. Violations of this act are prohibited.

Added by Laws 2014, c. 354, § 1, eff. Nov. 1, 2014.