HF 3487

as introduced - 91st Legislature (2019 - 2020) Posted on 02/18/2020 10:49am

A bill for an act
relating to aeronautics; regulating certain towers; imposing a fee; establishing a
penalty; proposing coding for new law in Minnesota Statutes, chapters 216F; 360.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [216F.15] REQUIREMENTS CODED ELSEWHERE.
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new text begin Requirements governing certain towers are established in section 360.915.
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Sec. 2.

new text begin [360.915] TOWERS.
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new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin (a) For purposes of this section, "stand-alone tower" means
a structure, whether self-standing or supported by guy wires and ground anchors, that:
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new text begin (1) is designed with accessory facilities on which antenna, sensor, camera, meteorological,
or other equipment is able to be mounted;
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new text begin (2) has a height of at least 50 feet and not more than 200 feet; and
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new text begin (3) has a diameter of ten feet or less at the above-ground base, excluding concrete footing.
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new text begin (b) A stand-alone tower does not include a structure that is:
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new text begin (1) affixed or adjacent to a building, including a house, barn, or utility station;
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new text begin (2) an electric transmission or distribution line;
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new text begin (3) a streetlight erected or maintained by a governmental entity; or
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new text begin (4) a wind energy conversion system, as defined in section 216F.01, subdivision 4, that
has rotor blades with a length of more than six feet.
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new text begin Subd. 2. new text end

new text begin Application; location. new text end

new text begin The requirements of this section do not apply to a
stand-alone tower that is located:
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new text begin (1) within the curtilage of a farmstead; or
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new text begin (2) in a statutory or home rule charter city or town.
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new text begin Subd. 3. new text end

new text begin Visibility; marking. new text end

new text begin A stand-alone tower must:
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new text begin (1) be painted in equal-width bands of solid color over its entire length, alternating
between aviation orange and white so that orange is at the top of the tower and at the base
of the tower;
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new text begin (2) have at least two spherical markers attached to each of the highest or outside guy
wires that are:
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new text begin (i) painted solid aviation orange; and
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new text begin (ii) placed so that one is within 15 feet of the upper anchor point of the guy wire;
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new text begin (3) have a high-visibility sleeve on each guy wire, which must extend at least seven feet
from the lower anchor point of each guy wire; and
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new text begin (4) have a flashing red light placed at the top of the tower that is compatible with a night
vision imaging system, as determined by the commissioner.
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new text begin Subd. 4. new text end

new text begin Notifications. new text end

new text begin (a) At least 30 days prior to erecting a stand-alone tower, the
owner of the tower must provide notice to the commissioner in the manner specified by the
commissioner. The notice must identify:
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new text begin (1) the tower owner's name and contact information;
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new text begin (2) the name and contact information of any tower owner's representative;
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new text begin (3) the height above ground level of the tower, including its base;
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new text begin (4) the elevation of the tower site; and
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new text begin (5) global positioning system coordinates of the center of the tower.
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new text begin (b) Within 15 days of a change in any information provided under paragraph (a), the
tower owner must notify the commissioner of the change.
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new text begin (c) Within 30 days after removal of a stand-alone tower, the tower owner must notify
the commissioner of the removal.
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new text begin Subd. 5. new text end

new text begin Fee. new text end

new text begin The owner of a stand-alone tower who provides notice under subdivision
4, paragraph (a), must pay a fee of $........ A fee is not imposed for a notification provided
under subdivision 4, paragraphs (b) and (c).
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new text begin Subd. 6. new text end

new text begin Administration. new text end

new text begin (a) The commissioner must maintain records on stand-alone
towers under this section and must provide information on stand-alone tower locations on
the department's website.
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new text begin (b) The commissioner must deposit revenue received under this section in the state
airports fund.
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new text begin Subd. 7. new text end

new text begin Penalty. new text end

new text begin The owner of a stand-alone tower who violates the requirements under
subdivision 3 or 4, paragraph (a), is guilty of a misdemeanor.
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new text begin Subd. 8. new text end

new text begin Implementation; existing towers. new text end

new text begin The owner of a stand-alone tower erected
prior to the effective date of this section must meet the requirements of this section within
one year of the effective date of this section.
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