(a) For the purposes of this section, “meteorological evaluation tower” means a structure that (1) is self-standing or supported by guy wires or anchors, (2) is not more than six feet in diameter at the base, and (3) has accessory facilities on which an antenna, sensor, camera, meteorological instrument or other equipment is mounted for the purpose of documenting whether a site has sufficient wind resources for the operation of a wind turbine generator. “Meteorological evaluation tower” does not include (A) a structure that is located adjacent to a building, including a barn or an electric utility substation, or in the curtilage of a residence, (B) a tower regulated by the Federal Communications Commission, or (C) a tower used primarily to support telecommunications equipment or provide commercial mobile radio service or commercial mobile data service, as such terms are defined in 47 C.F.R. § 20.3, as amended from time to time.

(b) A meteorological evaluation tower that is at least fifty feet but not more than two hundred feet in height above ground level: (1) Shall be painted in equal alternating bands of aviation orange and white, beginning with aviation orange at the top of the tower; (2) shall have aviation orange marker balls installed and displayed in accordance with the standards contained in current federal regulations and Federal Aviation Administration advisory circulars; and (3) may not be supported by guy wires unless the guy wires have a seven-foot-long safety sleeve at each anchor point that extends from the anchor point along each guy wire attached to the anchor point.

(c) Any person who owns, operates or erects a meteorological evaluation tower in violation of any provision of subsection (b) of this section shall be subject to a civil penalty of (1) not more than five hundred dollars if such violation results in no physical injury, as defined in § 53a-3, to another person, (2) not more than one thousand dollars if such violation results in physical injury to another person, (3) not more than five thousand dollars if such violation results in serious physical injury, as defined in § 53a-2, to another person, and (4) not more than ten thousand dollars if such violation results in the death of another person.