Section 61-23-3 - DefinitionsAs used in this act the following terms shall have the meanings ascribed in this section, unless context clearly requires otherwise.
(a) "Agricultural purposes" means farming in all its branches and the cultivation and tillage of the soil, the production, cultivation, growing and harvesting of any agricultural or horticultural commodities performed by a farmer or on a farm, or on pasture land or rangeland.(b) "Appropriate entities" means the Federal Aviation Administration and the Mississippi Agricultural Aviation Association.(c)(i) "Covered tower" means a structure that: 1. Is a meteorological evaluation tower (MET), a self-standing tower, real-time kinematic tower or tower supported by guy wires and ground anchors;2. Is ten (10) feet or less in diameter at the above-ground base, excluding the concrete footing;3. At the highest point of the structure, is at least fifty (50) feet above ground level;4. At the highest point of the structure, is not more than two hundred (200) feet above ground level;5. Has accessory facilities on which an antenna, sensor, camera, meteorological instrument or other equipment is mounted to document whether a site has sufficient wind resources to operate a wind turbine generator; and6. Is located on land that is in a rural area and used for agricultural purposes or, immediately adjacent to such land;(ii) "Covered tower" does not include any structure that: 1. Is a street light erected or maintained by a federal, state, local, or tribal entity;2. Is an advertising billboard;3. Is registered with the Federal Communications Commission under the Antenna Structure Registration program set forth under Part 17 of Title 47, Code of Federal Regulations, and is determined by the FAA Administrator to pose no hazard to air navigation; or 4. Has already mitigated any hazard to aviation safety in accordance with Federal Aviation Administration guidance or as otherwise approved by the Administrator.(d) "Real-time kinematic (RTK) position tower" means a tower used to supplement the global positioning system (GPS) to provide highly accurate positioning and navigation data technology in a wide range of applications, from surveying and mapping to agriculture and construction.(e) "Rural area" means a city, town or unincorporated area that has a population of not more than ten thousand (10,000) inhabitants, as defined in the Public Utility Regulatory Policies Act of 1978 (7 USCS Section 918c(a)(5)).(f) "Structure" means, but is not limited to, meteorological evaluation towers, real-time kinematic positioning towers, an currently unregulated nondisclosed structures greater than fifty (50) feet and less than two hundred (200) feet in height which endanger aviation operators unaware of said structure.Added by Laws, 2024, ch. 393, HB 697,§ 2, eff. 7/1/2024.