HB 168: "An Act relating to the registration and marking of towers; relating to the duties of the Department of Transportation and Public Facilities; and providing for an effective date."
00 HOUSE BILL NO. 168 01 "An Act relating to the registration and marking of towers; relating to the duties of the 02 Department of Transportation and Public Facilities; and providing for an effective 03 date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 02.10 is amended by adding new sections to read: 06 Sec. 02.10.100. Registration and marking of tower structures. (a) A 07 communications, wind, or other tower greater than 100 feet in height above ground 08 level shall 09 (1) be constructed, marked, painted, or equipped with an operational 10 light system visible from at least 2,000 feet away in daylight and in darkness; 11 (2) have at least one seven-foot safety sleeve, attached in a manner that 12 does not interfere with a spherical marker ball, 13 (A) on each anchor point above the adjacent vegetative canopy; 14 and
01 (B) on each outer guy wire; 02 (3) have at least four high visibility spherical marker balls of aviation 03 orange color attached to each outer guy wire at least 15 feet from the top wire 04 connection to the tower; and 05 (4) have at least four high visibility spherical marker balls of aviation 06 orange color attached to each outer guy wire at or below the middle point of the tower. 07 (b) The owner of a tower greater than 50 feet in height above ground level 08 shall, not later than 20 days before installation of a tower, register the tower with the 09 department. Registration under this section shall include 10 (1) the location of the tower, including the nearest community or 11 municipality; 12 (2) the height above ground and the total height of the tower; 13 (3) the type of tower; 14 (4) the owner of the tower; and 15 (5) the method used to make the tower visible under (a) of this section. 16 (c) Within 15 days after receiving the registration information required under 17 (b) of this section, the department shall make the information required under (b) of this 18 section available on the department's Internet website. The website shall display the 19 information required under (b) of this section in sortable table format and in an 20 interactive map. 21 (d) The owner of a tower subject to registration under (b) of this section shall 22 notify the department with 30 days after the removal or significant alteration of the 23 tower. 24 (e) On or after the effective date of this Act, a tower greater than 50 feet in 25 height may not be constructed within one mile of an airport intended for public use or 26 directly through or under an air approach of an airport intended for public use. The 27 prohibition in this section may be waived if the commissioner finds it is not 28 practicable to construct a tower more than one mile from an airport intended for public 29 use. 30 (f) The owner of a tower shall comply with applicable federal laws and 31 standards related to lighting, painting, and visibility of a tower.
01 (g) A person who violates this section is guilty of a violation and shall be 02 punished as provided in AS 12.55. 03 Sec. 02.10.190. Definitions. In this chapter, 04 (1) "airport" means an area of land or water that is used or intended for 05 use for the landing and take-off of aircraft, and any appurtenant areas that are used or 06 intended for use for airport buildings or other airport facilities or rights-of-way, 07 together with airport buildings and facilities located in the area; 08 (2) "commissioner" means the commissioner of transportation and 09 public facilities; 10 (3) "department" means the Department of Transportation and Public 11 Facilities; 12 (4) "tower" includes accessory facilities and guy wires attached to the 13 tower. 14 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 TRANSITIONAL PROVISIONS. The owner of a tower existing on the effective date 17 of this Act shall register the tower in accordance with AS 02.10.100(b), enacted by sec. 1 of 18 this Act, within 45 days after the effective date of this Act. A person in violation of this 19 section is guilty of a violation and shall be punished as provided in AS 12.55. 20 * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).