422-B:8 Marking Structures. –
Any structure which obstructs the air space more than 170 feet above the ground or water level when determined by the department to be a hazard or a potential hazard to the safe flight of aircraft shall be plainly marked, illuminated, painted, lighted or designated in a manner to be approved by the department so that the same will be clearly visible to airmen. In determining the structures which are hazards or potential hazards to air navigation the department shall consider the minimum altitudes of flights prescribed by state and federal regulations, the terrain, the character of the neighborhood, uses to which the structure and surrounding property may be adaptable and the character of the flying operations expected to be conducted in the area.