All definitions in Title 5, section 1769, subsection 1 apply in this section. As
used in this section, unless the context otherwise indicates, the following terms
have the following meanings.
A. "Commissioner" means the Commissioner of Transportation. [1991, c. 481, §2 (NEW).]
B. "Roadway lighting" means lighting that is specifically intended to illuminate roadways
for automobiles but does not mean lighting intended to illuminate roadways only for
pedestrian purposes. [1991, c. 481, §2 (NEW).]
RR 1995, c. 1, §12 (COR)
2.Permanent outdoor luminaires.
A person may not use any state funds to install or replace any permanent outdoor
A. The luminaire is a full cutoff luminaire when the rated output of the luminaire
is greater than 1,800 lumens; [1991, c. 481, §2 (NEW).]
B. The illuminance from a luminaire or a system of luminaires does not exceed the minimum
illuminance recommended by the federal Department of Transportation for that purpose; [1991, c. 481, §2 (NEW).]
C. For roadway lighting, the commissioner determines that the purpose of the lighting
installation or replacement can not be achieved by any of the following means:
(1) Reduction of the speed limit in the area to be lighted; or
(2) Installation of reflectorized roadway markers, lines, warnings or informational
signs; and [1991, c. 481, §2 (NEW).]
D. The commissioner ensures that consideration is given to minimizing glare and light
trespass. [1991, c. 481, §2 (NEW).]
1991, c. 481, §2 (NEW)
Exceptions from the provisions of this section are permitted only when:
A. Federal laws, rules and regulations take precedence over these provisions; [2005, c. 482, §1 (AMD).]
B. The commissioner determines that there is a compelling safety interest that can
not be addressed by any other method; or [2005, c. 482, §1 (AMD).]
C. The commissioner determines that a lighting installation is related to a department
bridge project of state and regional significance and is supported by municipalities
directly affected by the installation. [2005, c. 482, §1 (NEW).]
2005, c. 482, §1 (AMD)
RR 1991, c. 1, §31 (RNU).
1991, c. 481, §2 (NEW).
RR 1995, c. 1, §12 (COR).
2005, c. 482, §1 (AMD).
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