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Remember to Register Meteorological Evaluation Towers

on Tuesday, 31 December 2013 in Dirt Alert: David C. Levy, Editor

Nebraska law requires owners and lessors of certain meteorological evaluation towers (“MET”) to register their towers with the Nebraska Department of Aeronautics. Section 66-1901 of the Nebraska Revised Statutes states the requirements for MET registration, and provides that “[a]ll wind measurement equipment associated with the development or study of wind-powered electric generation, whether owned or leased, shall be registered with the Department of Aeronautics if the equipment is at least fifty feet in height above the ground and is located outside the boundaries of any incorporated city or village.” Accordingly, any person, firm, company, or other entity who owns or leases METs 50 feet high or higher is subject to the registration requirements of Section 66-1901 of Nebraska Revised Statutes.

The deadline for registering a MET depends on the date of its installation. For METs installed prior to July 15, 2010, the deadline for registration was July 30, 2010. See Neb. Rev. Stat. § 66-1901. Owners and lessors of METs installed after July 15, 2010, must register each such tower within 30 days after installation. Id.

Nebraska statutes also require a party responsible for a MET to make certain improvements to a tower, if necessary, to increase MET visibility. METs installed before July 15, 2010, must be “either lighted, marked with balls at least twenty-one inches in diameter, painted, or modified in some other manner so it is recognizable in clear air during daylight hours from a distance of not less than two thousand feet.” Id. The deadline for completing those improvements was January 1, 2013. METs installed after July 15, 2010, must be either lighted or painted. Id.

 

Nebraska law requires registrants to include specific information with their MET registration. Those requirements include the MET’s exact location, the MET’s aboveground height, the name of the person or firm registering the MET, the method used to make the MET recognizable, and contact information of the registrant. Id.

An additional deadline arises upon removal of a MET. Specifically, owners and lessors must report removal of a MET to the Department of Aeronautics within thirty days after such removal. Id.

If you own or lease a MET, it is important to make sure you understand and fully comply with Nebraska law concerning registration and construction. You can find additional information on MET registration and compliance, along with a listing of registered METs, at the Nebraska Department of Aeronautics’ website http://www.aero.nebraska.gov/.

 

Brian R. Schumacher

1700 Farnam Street | Suite 1500 | Omaha, NE 68102 | 402.344.0500