Frequently Asked Questions About Article 76

In a word, yes! 

According to satellite data, our night skies are 25% brighter today than just ten years ago, making it harder to see the stars in many places on the island. It’s likely even worse than that because satellites are essentially blind to the blue light emitted by LEDs. 

To be sure, the problem is a lot worse on the mainland. An estimated 80% of people in the United States can no longer see the Milky Way where they live. We’re lucky it’s still visible on parts of Nantucket. But if we don’t get light pollution under control, that could be a thing of the past. Already, lots of people on Nantucket report seeing far fewer stars than they used to.

And that’s not the only thing at stake:

• Bright lights on neighboring properties have become a serious quality-of-life issue for many, interfering with their sleep and enjoyment of their own property. 
• Glare from bright lights decreases visibility and can make us less safe.
• Excessive use of artificial light at night has been found to be harmful to plants, insects, birds, and other wildlife that needs a natural dark night to thrive; is a waste of energy; and is eroding the historic character of the island. There's some evidence that it may also be harmful to human health.

For all these reasons, it’s time to take light pollution seriously and do something about it. 

The good news is that light pollution is one problem that’s easy to fix. We just all need to be more thoughtful about our choices for outdoor lighting – what kind of fixtures we use, how bright and how “blue” the light is, and how long nonessential lights are left on. 

The existing bylaw was adopted in 2005. Much has changed since then in terms of lighting technology and standards, and more has been learned since then about how harmful artificial light at night is. A new bylaw is needed to make our regulation of outdoor lighting consistent with what are now considered the best practices for minimizing light pollution. In a nutshell, the proposed bylaw addresses the four aspects of outdoor lighting that cause problems: uplighting, color temperature, brightness, and how long lights that aren’t essential for safety and security are left on.

Here are the most notable ways that the proposed bylaw differs from the existing one:

1. Clearer rules about uplighting and shielding. 
2. Color temperature of outdoor lighting would now be regulated. 
3. There would be a general curfew instead of just one for nonresidential sports lighting (but with an exception for safety and security lighting and streetlights).
4. There would be a better approach for regulating brightness (lumen limits instead of “foot candles," which requires a special meter).
5. There would be better rules for nonresidential sports lighting.
6. There would be better rules for streetlights.
7. Illumination of signs would now be regulated. 
8. Flagpoles higher than 20 ft would have to be lit from above, instead of with ground-mounted spotlights. 
9. Updated metrics for determining conditions of light trespass.
10. Waivers and an extension of the grace period would be available based on hardship.

The proposed bylaw is carefully designed to both protect our dark skies and ensure safety and security. With less glare (from the switch to dark sky friendly fixtures), there will be better visibility and fewer dark shadows for potential perpetrators to hide in. Equally important, the bylaw would allow safety and security lighting to be left on all night whenever a property owner feels that’s necessary.

Other things to note:

• A property owner could follow the illuminance levels recommended by the Illuminating Engineering Society (the society that represents lighting professionals) and still be in compliance with the proposed new rules.
• The restriction on hours of illumination would not apply to streetlights.
• There would be a general exemption for “temporary lighting required to save life, limb, or property from imminent peril,” which covers lighting that is turned on for only a short time for safety and security purposes.
• If any property owner felt that any of the restrictions would be detrimental to safety and security given their particular circumstances, they could request an administrative waiver.

There’s some new terminology to master but rest assured, guidance will be provided by Nantucket Lights via its website, written materials, and public forums. We’ll also work with local lighting suppliers to help them stock the right products and educate architects, builders, and electricians about the new rules so that they can assist property owners in complying. 

In many instances, only a new light bulb will be needed to bring existing lighting into compliance. If a new fixture is needed, these are generally inexpensive. But we’ll try to find funding for a bulb-giveaway program and for anyone who needs financial assistance in upgrading their lighting. The proposed bylaw also allows for an administrative waiver to be granted if compliance would constitute an unreasonable hardship for a particular property owner.

Excessive and poorly designed lighting is not victimless, and it doesn't just impact your immediate neighbors' ability to enjoy their own property and the night sky. It increases the skyglow that reduces the ability of people many miles away from being able to see the stars. It also harms wildlife, can be a public safety hazard, and wastes energy -- all with consequences for the whole community.

Lighting installed before the new regulations become effective could be used for 5 years, with a possible extension of up to 10 years in some circumstances. The big exception to this “grace period” is for lighting that is found to constitute a public safety hazard or a lighting nuisance (light trespass or glare), That would have to be abated within 90 days of being notified of the problem.

That said, if compliance with the new regulations would constitute an unreasonable hardship or would be detrimental to health, safety, or welfare, an administrative waiver could be sought.

We already have a part-time Lighting Enforcement Officer (the position was created in 2005 when the existing outdoor lighting bylaw was adopted) and with clearer metrics and requirements, enforcement should be easier than under the existing bylaw. Moreover, having the updated standards in the Code will make it easier to convince property owners to voluntarily comply, reducing the need for the Lighting Enforcement Officer to intervene. Enforcement is likely to remain "complaint-based" (as it is with the existing bylaw), which means the Lighting Enforcement Officer doesn't take any action unless a complaint is made. 

The current best practices need to be in the Code of Nantucket to have any hope of voluntary compliance. It's hard to convince people to follow current best practices when the existing bylaw is inconsistent with those. In addition, for the sake of the community and our natural environment, there needs to be some recourse if someone refuses to comply with them.

Not at all. If new buildings used dark sky friendly lighting, they would not increase light pollution in any significant way.

The proposed bylaw is the product of extensive research and discussions with outdoor lighting experts and the International Dark Sky Association by Nantucket Lights founder Gail Walker.  Before retiring in 2015, Gail was a career litigator with the U.S. Department of Justice and her cases often involved challenges to federal regulations. She drafted the bylaw with the same care and attention to detail that made her a successful trial attorney. 

The Town's Finance Committee carefully considered the proposed bylaw over the course of three meetings and voted 7-1 to give it a positive recommendation. It has also been endorsed by the Nantucket Civic League, the Nantucket Historical Commission, as well as many neighborhood associations.