[§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-condo 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]



 



Note



 



  Starlight reserve; lighting law proposals; advisory committee
(repealed on June 30, 2011). L 2009, c 161.