701.550.  Definitions — requirements for towers 50 feet or higher — violation, penalty. — 1.  As used in this section the following terms mean:

  (1)  "Anemometer", an instrument for measuring and recording the speed of the wind;

  (2)  "Anemometer tower", a structure, including all guy wires and accessory facilities, that has been constructed solely for the purpose of mounting an anemometer to document whether a site has wind resources sufficient for the operation of a wind turbine generator;

  (3)  "Area surrounding the anchor point", an area not less than sixty-four square feet whose outer boundary is at least four feet from the anchor point.

  2.  Any anemometer tower that is fifty feet in height above the ground or higher that is located outside the exterior boundaries of any municipality, and whose appearance is not otherwise mandated by state or federal law, shall be marked, painted, flagged, or otherwise constructed to be recognizable in clear air during daylight hours.  Any anemometer tower that was erected before August 28, 2012, shall be marked as required in this section by January 1, 2014.  Any anemometer tower that is erected on or after August 28, 2012, shall be marked as required in this section at the time it is erected.  Marking required under this section includes marking the anemometer tower, guy wires, and accessory facilities as follows:

  (1)  The top one-third of the anemometer tower shall be painted in equal, alternating bands of aviation orange and white, beginning with orange at the top of the tower and ending with orange at the bottom of the marked portion of the tower;

  (2)  Two marker balls shall be attached to and evenly spaced on each of the outside guy wires;

  (3)  The area surrounding each point where a guy wire is anchored to the ground shall have a contrasting appearance with any surrounding vegetation.  If the adjacent land is grazed, the area surrounding the anchor point shall be fenced; and

  (4)  One or more seven-foot safety sleeves shall be placed at each anchor point and shall extend from the anchor point along each guy wire attached to the anchor point.

  3.  A violation of this section is a class B misdemeanor.