Note
Part heading amended by L 1979, c 200, §6.
§205A-30.5 Prohibitions. (a) No special management area use permit or special management area minor permit shall be granted for structures that allow artificial light from floodlights, uplights, or spotlights used for decorative or aesthetic purposes when the light:
(1) Directly illuminates the shoreline and ocean waters; or
(2) Is directed to travel across property boundaries toward the shoreline and ocean waters.
(b) Subsection (a) shall not apply to special management area use permits for structures with:
(1) An outdoor lighting fixture that is located on the grounds of a hotel, hotel-condominium, or condominium-hotel as defined in section 486K-1; provided that:
(A) The outdoor lighting fixture is located underwater or is directed downward and illuminates a limited area of no more than thirty feet into the shoreline and ocean waters; or
(B) The outdoor lighting fixture is the only practicable means of ensuring the safety and security of guests, visitors, and employees; and
(2) Artificial lighting provided by a government agency or its authorized users for government operations, security, public safety, or navigational needs; provided that a government agency or its authorized users shall make reasonable efforts to properly position or shield lights to minimize adverse impacts.
(c) The authority shall adopt rules under chapter 91 setting forth procedures for implementing this section. [L 2005, c 224, pt of §2; am L 2010, c 4, §2(1)]
Cross References
Night sky protection strategy, see §201-8.5.
Section: Previous 205a-23 205a-24-25 205a-26 205a-27 205a-28 205a-29 205a-30 205a-30.5 205a-31 205a-32 205a-33 205a-41 205a-42 205a-43 205a-43.5 NextLast modified: October 27, 2016