[§205A-30.5]  Prohibitions.  (a)  Nospecial management area use permit or special management area minor permitshall be granted for structures that allow artificial light from floodlights,uplights, or spotlights used for decorative or aesthetic purposes when thelight:

(1)  Directly illuminates the shoreline and oceanwaters; or

(2)  Is directed to travel across property boundariestoward the shoreline and ocean waters.

(b)  Subsection (a) shall not apply tospecial management area use permits for structures with:

(1)  An outdoor lighting fixture that is located onthe grounds of a hotel/hotel-condo as defined in section 486K-1; provided that:

(A)  The outdoor lighting fixture is locatedunderwater or is directed downward and illuminates a limited area of no morethan thirty feet into the shoreline and ocean waters; or

(B)  The outdoor lighting fixture is the onlypracticable means of ensuring the safety and security of guests, visitors, andemployees; and

(2)  Artificial lighting provided by a governmentagency or its authorized users for government operations, security, publicsafety, or navigational needs; provided that a government agency or itsauthorized users shall make reasonable efforts to properly position or shieldlights to minimize adverse impacts.

(c)  The authority shall adopt rules underchapter 91 setting forth procedures for implementing this section. [L 2005, c224, pt of §2]

 

Note

 

  Starlight reserve; lighting law proposals; advisory committee(repealed on June 30, 2011).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