Section 69-06-11-02 - Implementation1. A wind energy conversion facility for which a certificate of site compatibility was issued after June 5, 2016, must be equipped with a functioning light-mitigating technology in compliance with this chapter by December 31, 2019.2. A wind energy conversion facility for which a certificate of site compatibility was issued before June 5, 2016, must be equipped with a functioning light-mitigating technology in compliance with this chapter by December 31, 2021. The commission may grant an extension of time based on technical or economic feasibility considerations.3. The commission may grant a waiver of this chapter for a wind energy conversion facility designed for or capable of generating no more than five megawatts of electricity upon a motion demonstrating good cause for the waiver.4. To allow proper conspicuity of a turbine at night during construction, a turbine may be lighted with temporary lighting until the permanent lighting configuration, including the light-mitigating technology, is implemented.5. Owner shall provide written notice to the commission upon implementation of light-mitigating technology in compliance with this chapter.6. Owner is solely responsible for any costs associated with the implementation, operation, and maintenance of each light-mitigating technology system.7. An extension request must be in writing and contain:a. The purpose of the extension;b. A description of the light-mitigating technologies submitted to the federal aviation administration;c. The technical or economic inability to implement light-mitigating technology systems;d. The length of extension requested; ande. Any other information requested by the commission.N.D. Admin Code 69-06-11-02
Adopted by Administrative Rules Supplement 369, July 2018, effective 7/1/2018.General Authority: NDCC 28-32-02, 49-22-18
Law Implemented: NDCC 49-22-16.4