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May 30, 2014
Oklahoma Passes Tower Marking Statute

Oklahoma’s new law requires the state Aeronautics Commission to promulgate rules ensuring anemometer towers are “clearly recognizable during daylight hours.” The commission also must establish a MET database by Nov. 1, 2015.

Through the efforts of the Oklahoma Agricultural Aviation Association and other groups, the Oklahoma legislature passed a statute requiring the marking of MET towers over 50 feet, joining Colorado and Washington in passing bills in 2014.

 

The law, HB 3348, signed by Gov. Mary Fallin May 23, requires the Oklahoma Aeronautics Commission to promulgate rules ensuring anemometer towers are “clearly recognizable during daylight hours.” The law gives guidelines for the commission to follow, including the consideration of tower painting, flagging and marking guywires. Once the commission issues its rule, the rule would apply immediately upon promulgation to new towers, and would give a one-year exemption to existing towers.

 

The law also requires the Aeronautics Commission to establish and maintain a database of MET towers by Nov. 1, 2015. The commission is also directed to promulgate rules requiring MET tower owners to provide the commission with location, height and any other information the commission deems necessary. Tower owners are also required to notify the commission of the destruction or removal of MET towers. The commission is also given discretionary authority to promulgate rules regarding administrative penalties to enforce the act.

 

The law takes effect Nov. 1, 2014.

 

This new law follows a contentious veto that Gov. Fallin issued in April of SB 1195, a similar tower marking bill. That bill contained specific provisions requiring aviation orange and white painting, guywire balls and sleeves, and a 10-day notification period to the Aeronautics Commission prior to the erection of new towers and 60-day notification period for owners of existing towers. HB 3348 gives the Aeronautics Commissioner discretion over marking specifics. Both bills require the establishment of a tower database. SB 1195 also specified misdemeanor status and financial penalties for noncompliance, while HB 3348 only authorizes administrative penalties.

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This newsletter is intended for NAAA members only. NAAA requests that should any party desire to publish, distribute or quote any part of this newsletter that they first seek the permission of the Association. The views, thoughts, and opinions expressed herein do not necessarily represent those of the National Agricultural Aviation Association (NAAA), its Board of Directors, staff or membership. Items in this newsletter are not the result of paid advertising and are only meant to highlight newsworthy developments. No endorsement by NAAA is intended or implied.
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Oklahoma Passes Tower Marking Statute
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