(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:

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Terms Used In Hawaii Revised Statutes 205A-30.5

  • Agency: means any agency, board, commission, department, or officer of a county government or the state government, including the authority as defined in part II. See Hawaii Revised Statutes 205A-1
  • Authority: means the county planning commission, except in counties where the county planning commission is advisory only, in which case "authority" means the county council or such body as the council may by ordinance designate. See Hawaii Revised Statutes 205A-1
  • Ocean waters: means all waters seaward of the shoreline within the jurisdiction of the State. See Hawaii Revised Statutes 205A-1
  • Shoreline: means the upper reaches of the wash of the waves, other than storm and seismic waves, at high tide during the season of the year in which the highest wash of the waves occurs, usually evidenced by the edge of vegetation growth, or the upper limit of debris left by the wash of the waves. See Hawaii Revised Statutes 205A-1
  • Special management area: means the land extending inland from the shoreline as delineated on the maps filed with the authority as of June 8, 1977, or as amended pursuant to § 205A-23. See Hawaii Revised Statutes 205A-22
  • Special management area minor permit: means an action by the authority authorizing development the valuation of which is not in excess of $500,000 and which has no substantial adverse environmental or ecological effect, taking into account potential cumulative effects. See Hawaii Revised Statutes 205A-22
(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 § 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.

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