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(1) As used in this section:
(a) "Meteorological evaluation tower" means a permanent or temporary tower used for meteorological evaluation that:
(i) is supported by guy wires and ground anchors; and
(ii) has accessory facilities on which an antenna, sensor, camera, meteorological instrument, or other meteorological monitoring equipment is mounted.
(b) "Meteorological evaluation tower" does not include:
(i) a tower registered with the Federal Communications Commission; or
(ii) a tower that is primarily used to support telecommunications equipment, including:
(A) a microwave relay facility; and
(B) a tower erected for the purpose of providing commercial mobile radio service or commercial mobile data service, as those terms are defined in 47 C.F.R. Sec. 20.3.
(2) Except as required by federal law, rule, or regulation, a meteorological evaluation tower shall be marked as described in Subsection (3) if the tower is:
(a) over 50 feet in height;
(b) located outside of an incorporated city or town; and
(c) on land that is primarily rural, undeveloped, or used for agricultural purposes.
(3)
(a) A meteorological evaluation tower shall:
(i) be painted in equal alternating bands of aviation orange and white, beginning with orange at the top and bottom of the tower, to be visible in clear air during daylight hours from a distance of at least two thousand feet;
(ii) have a high-visibility safety sleeve at least seven feet long on each guy wire, extending from the anchor point along each guy wire attached to the anchor point;
(iii) have a spherical marker attached to the top third of each of the highest guy wires; and
(iv) have a flashing light at the top of the tower that, when flashing, is visible during nighttime from a distance of at least two thousand feet.
(b) The owner of a meteorological evaluation tower shall replace the markings described in Subsection (3)(a) when they become inoperable, faded, or otherwise deteriorated.
(4) The owner of a meteorological evaluation tower erected before May 5, 2021, shall meet the requirements of this section before May 5, 2022.