3-407.01. Meteorological evaluation tower; marking; owner; registration; contents; duties; failure to comply; effect.
(1) A meteorological evaluation tower, the height of which is at least fifty feet above the surface of the ground at point of installation, shall be marked according to subsection (2) of this section. This section applies to a meteorological evaluation tower that is located outside the corporate limits of a city or village.
(2) A meteorological evaluation tower described in subsection (1) of this section shall: (a) Be painted in seven equal-width and alternating bands of aviation orange and white beginning with orange at the top of the tower and ending with orange at the base; (b) have two or more spherical marker balls at least twenty-one inches in diameter that are aviation orange in color and attached to each outer guy wire connected to the tower with the top ball no further than twenty feet from the top wire connection and the remaining ball or balls at or below the midpoint of the tower on the outer guy wires; and (c) have yellow safety sleeves installed on each outer guy wire extending at least fourteen feet above the anchor point of the guy wire.
(3) The owner of a meteorological evaluation tower subject to this section shall, not less than ten business days prior to erecting the tower, register with the Division of Aeronautics of the Department of Transportation the name and address of the owner, the height and location of the tower, and any other information that the division deems necessary for aviation safety. The owner of a tower subject to this section shall also report the removal of the tower to the division not more than thirty business days after its removal. The division shall make the information received pursuant to this subsection available to the public within five business days.
(4) The owner of a meteorological evaluation tower described in subsection (1) of this section that was erected prior to May 28, 2015, and which is 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, shall mark the tower as required by subsection (2) of this section within two years after May 28, 2015, or at such time the tower is taken down for maintenance or other purposes, whichever comes first, except that the owner of a tower erected prior to May 28, 2015, which is not lighted, marked, painted, or modified as described in this subsection shall mark such tower as required by subsection (2) of this section within ninety days after May 28, 2015. The registration requirements of subsection (3) of this section shall be performed by the owner of a tower erected prior to May 28, 2015, within fifteen business days after May 28, 2015.
(5) A material failure to comply with the marking and registration requirements of this section shall be admissible as evidence of negligence on the part of an owner of a meteorological evaluation tower in an action in tort for property damage, bodily injury, or death resulting from an aerial collision with such unmarked or unregistered tower.
(6) The division may adopt and promulgate rules and regulations for carrying out the purposes of this section.
Source
Structure Nebraska Revised Statutes
3-103 - Division of Aeronautics; director; appointment; qualifications; duties; oath.
3-105 - Division; seal; rules and regulations; adopt.
3-106 - Division; aircraft; purchase; use; report; contents.
3-107 - Division; general supervision; state funds; expenditure; recovery.
3-109 - Division; powers; rules and regulations; applicability to federal government.
3-110 - Rules and regulations; conform to federal regulation.
3-111 - Rules and regulations; where kept.
3-112 - Division; airways system.
3-113 - Division; engineering and technical services; availability.
3-114 - Division; represent state in aeronautical matters.
3-115 - Actions by or against division; intervention.
3-116 - Enforcement; intergovernmental cooperation.
3-118 - Division; reports of investigations or hearings; evidence; how used.
3-119 - Division; assist in acquisition, development, operation, or maintenance of airports.
3-120 - Division; contracts; authorized.
3-121 - Division; airway and airport; exclusive right prohibited.
3-122 - Transferred to section 75-202.
3-123 - Division; cooperate with federal government; comply with federal laws.
3-124 - Division; acceptance of gifts of money, authorized; terms and conditions.
3-125 - Division; contracts; laws governing.
3-125.01 - Transferred to section 55-181.
3-126 - Aeronautics Cash Fund; created; use; investment.
3-128 - Division; regulation of airports.
3-129 - Aircraft; license, certificate, or permit required.
3-130 - License, certificate, or permit; exceptions.
3-133 - Airports; license; requirement; approval of site; operation without license unlawful.
3-134 - Air navigation facility; certificate of approval; hearing; notice; order; license.
3-135 - Air navigation facility; certificate of approval; hearing; standards to be considered.
3-136 - Certificate of approval; restricted landing area for personal use; exception.
3-137 - Air navigation facility; certificate of approval; revocation, grounds.
3-138 - Certificate of approval; federal government; exception.
3-142 - Division; airports; easements; acquire by condemnation.
3-143 - Division; joint activities; authorized.
3-144 - Division; right of eminent domain; procedure.
3-145 - Division; airport; lease; sell; supplies.
3-146 - Division; rentals; power to determine; charges; lien; enforce.
3-147 - Airports; acquisition of land; purpose.
3-148 - Aircraft fuel tax; Aircraft Fuel Tax Fund; created; distribution; terms, defined.
3-149 - Aircraft fuel tax; collection; violation; penalty.
3-150 - Aircraft fuel tax; repayment; fuel used for air school purposes.
3-151 - Aircraft fuel tax; repayment; presentation of claims.
3-155 - Real property formerly used as army airfields; disposal; conditions.
3-156 - Aeronautics Trust Fund; created; real property; proceeds of sale; how used; investment.
3-157 - Division; real property; lease; when; requirements.
3-158 - Person renting aircraft; insurance information; notice.
3-159 - Authorization to purchase new aircraft; sale of aircraft.
3-160 - Employees of Department of Aeronautics; transfer to Division of Aeronautics; how treated.
3-162 - Actions and proceedings; how treated.
3-163 - Provisions of law; how construed.
3-201.01 - Temporary airports and landing fields; approval; application; purpose of landing area.
3-205 - Encroachment upon airport protection privileges; unlawful; removal.
3-206 - Acquisition of property; purposes.
3-208 - Acquisition of property; prior acts validated.
3-209 - Municipality; acquired property and income; exempt from taxation.
3-210 - Municipality; costs; paid by appropriation of funds or bonds; cost, defined.
3-211 - Bonds; issuance; limitation.
3-212 - Bonds; issuance; prior issues validated; issuance of additional bonds; legal obligations.
3-213 - Municipalities; power to raise funds; use.
3-214 - Revenue; disposition; excess.
3-215 - Municipality; general powers; rules and regulations; adopt.
3-216 - Municipality; accept gifts of money; expend.
3-218 - Contracts; laws governing.
3-219 - Municipality; public waters; powers.
3-220 - Municipalities; public waters; additional powers.
3-221 - Joint exercise of powers, authorized; when.
3-222 - Municipality; terms, defined.
3-223 - Municipality; joint agreements and action; authorized.
3-224 - Joint agreements; contents.
3-225 - Joint agreements; board, created; members; terms; compensation.
3-226 - Board; officers; adopt rules of procedure.
3-228 - Joint agreements; ordinances enacted concurrent with each other; effect; publication.
3-229 - Joint agreements; condemnation proceedings; property acquired held as tenants in common.
3-230 - Joint agreements; funds; revenue, use.
3-231 - Joint agreements; funds; disbursed by order of board.
3-232 - Joint agreements; specific performance authorized.
3-235 - Powers granted counties.
3-236 - Airport and air navigational facility; laws governing; jurisdiction.
3-237 - Sections, how construed.
3-240 - Extraterritorial airport; terms, defined.
3-241 - Extraterritorial airport; state or governmental agency; powers.
3-242 - Extraterritorial airport; adjoining state; powers; right of eminent domain; reciprocity.
3-243 - Extraterritorial airport; joint exercise of powers.
3-302 - Airport hazard; public nuisance; prevention.
3-303 - Airport hazard; zoning regulations; modifications and exceptions.
3-304 - Joint airport zoning board; airport zoning regulation; filing.
3-304.01 - Joint airport zoning board; members; term.
3-305 - Zoning regulations; comprehensive zoning ordinance.
3-306 - Zoning regulations; conflict; stringent limitation or requirement prevails.
3-307 - Zoning regulations; adoption; notice; hearing.
3-309 - Zoning regulations; requirements; reasonable.
3-310 - Zoning regulations; nonconforming use; exception.
3-311 - Zoning regulations; new or changed structure; nonconforming use; permit.
3-312 - Zoning regulations; property inconsistent with regulations; variance; allowance; exception.
3-313 - Zoning regulations; permit or variance; hazard marking and lighting.
3-314 - Transferred to section 3-319.01.
3-319 - Zoning regulations; provide for administration and enforcement.
3-319.01 - Zoning regulations; appeal; hearing; procedure; board; duties.
3-320 - Zoning regulations; board of adjustment; members; terms; powers.
3-323 - Board of adjustment; adopt rules; meetings; oaths; public hearings; record of proceedings.
3-324 - Board of adjustment; judicial review; petition; grounds.
3-328 - Judicial review; costs.
3-329 - Judicial review; effect of decision on other structures.
3-330 - Violation; penalty; injunctions.
3-331 - Acquisition of property interest; purchase; grant; condemnation; procedure.
3-401 - Obstructions to air navigation; regulation; purpose.
3-403 - Structures; erection, maintenance in excess of one hundred fifty feet; permit required.
3-407 - Structures; lighting; rules and regulations; division adopt.
3-409 - Structure; violations; injunction; removal.
3-504 - Airport authority; powers.
3-506 - Airport authority; finances; how handled.
3-506.01 - Airport authority; treasurer; appointed; bond.
3-508 - Airport authority; bondholders; no impairment of rights or remedies.
3-509 - Airport authority; obligations of authority; limited liability.
3-510 - Airport authority; bonds; eligibility for investment; use as security.
3-511 - Airport authority; declaration of public purpose; exemption of property from taxation.
3-513 - Airport authority; applicability of sections.
3-601 - Real property; acquire; improvements; schedule of charges.
3-602 - Bonds; issuance; terms; election.
3-603 - Tax; limitation; use; election.
3-604 - Real property; acquisition by lease; election unnecessary.
3-605 - Construction; leasing; improvement; maintenance; management; labor; tax; levy.
3-607 - Airport, landing field, airdrome; location and specifications; approval.
3-609 - County board; lease; disposal; powers.
3-612 - Property; county; authority; powers and duties.
3-614 - Authority; promote commercial and general aviation.
3-615 - Officers and employees of county; transfer to authority; effect.
3-616 - Funds; deposit; withdrawal; audits; effect on bonds and contracts.
3-618 - Bonds; state; not to impair obligations.
3-619 - Bonds, notes, obligations of authority; not debts of State of Nebraska or any county.
3-620 - Bonds; who may purchase.
3-621 - Authorities; public purpose; property; bonds; tax exempt.
3-622 - Airport authority; applicability of sections.
3-702 - Joint airport authority; agreement; governed by a board.
3-706 - Joint authority; property; control; convey; transfer; title; acquire.
3-707 - Joint authority; powers.
3-708 - Joint authority; foster, promote, and develop commercial and general aviation.
3-709 - Funds; deposit; withdrawals; security; contracts authorized.
3-711 - Bonds; state; not to impair obligations.
3-712 - Bonds; not debt of State of Nebraska or political subdivision.
3-713 - Bonds; who may purchase.
3-714 - Joint authority; public purpose; property; bonds; tax exempt.