A legal settlement reached last week established a standard of care for the use of meteorological evaluation towers (MET) for wind prospecting in agricultural areas. The precedent-setting case resulted in the award of $6.7 million to the family of an agricultural pilot in a wrongful-death suit.

The National Agricultural Aviation Association (NAAA) said that pilot Steve Allen was unable to see an unmarked MET before he struck it while spreading winter wheat in a nearby field. The tower was an eight-inch galvanized, unmarked, unlit structure manufactured by NRG Systems and installed by Echelon Environmental Energy and PDC Corp., according to the NAAA. The companies were hired by Renewable Resources Group for ZKS Real Estate Partners and Delta Wetland Properties to monitor wind levels for the potential to generate energy around the tower’s location.

At 197 feet, the tower’s height fell just short of the 200-foot threshold requiring it to be marked in a more visible fashion to low-flying aviators.

An NAAA analysis of FAA and NTSB accident data showed that 10 fatal agricultural aircraft accidents in the past 14 years (2000-2013) involved collisions with towers, including three with unmarked MET towers. A key safety mission for NAAA has been urging state and federal government action to require improved marking of towers that extend less than 200 feet.