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[DSLF] Digest Number 557



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There are 12 messages in this issue.

Topics in this digest:

      1. Re: Virginia Enabling Legislation
           From: Steve Davis <w2sgd@juno...>
      2. Plaistow NH Lighting Ordinance passed
           From: "Peter Bealo" <pbealo@mediaone...>
      3. Re: Virginia Enabling Legislation
           From: ctstarwchr@aol...
      4. Re: Plaistow NH Lighting Ordinance passed
           From: ctstarwchr@aol...
      5. Hot LP News Update
           From: Steve Davis <w2sgd@juno...>
      6. Re: Virginia Enabling Legislation
           From: "ctstarwchr" <ctstarwchr@aol...>
      7. Re: Virginia Enabling Legislation
           From: Mysids@aol...
      8. Abstracts: Ecological Consequences of Artificial Night Lighting
           From: ctstarwchr@aol...
      9. Re: Plaistow NH Lighting Ordinance passed
           From: "Terry McGowan" <lighting@ieee...>
     10. Re: Plaistow NH Lighting Ordinance passed
           From: "ctstarwchr" <ctstarwchr@aol...>
     11. Definition of Light Pollution
           From: Scott Griswold <griz@sky...>
     12. Re: Definition of Light Pollution
           From: ctstarwchr@aol...


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Message: 1
   Date: Sat, 19 Jan 2002 12:01:29 -0500
   From: Steve Davis <w2sgd@juno...>
Subject: Re: Virginia Enabling Legislation

Glendon L Howell writes:

<SB100 and HB271 each seek to enable all forms of local government in
Virginia to pass their own local lighting control ordinances without
having to seek special authority from the state.>

Local government in NYS has that right.  [Probably under the state
constitution.]   I bet most states do.   What happened to Virginia in
1776?
-sd
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Message: 2
   Date: Sat, 19 Jan 2002 14:37:20 -0500
   From: "Peter Bealo" <pbealo@mediaone...>
Subject: Plaistow NH Lighting Ordinance passed


I finally was able to get a lighting ordinance passed in my town, Plaistow
NH. Once the NH Office of State Planning (OSP) issued a NH Light Pollution
Handbook (
http://www.state.nh.us/osp/planning/guide/docs/TechBulletin16.pdf )it was
relatively easy to approach our town Planning Board with a recommendation
that the OSP suggested ordinance be adopted. We had a little give-and-take,
but the Kennebunkport ME based ordinance was approved after only 2 months.

In NH, an ordinance like this can be either a zoning or site planning
ordinance. If its a zoning ordinance the town must vote on it in annual
elections, If site planning, then only the Planning Board votes on it after
a public hearing. Lighting seemed to fit better in site planning, so we went
that route. The only downside is that with it in site planning, the Planning
Board can elect to waive it for a particular case...if in zoning then the
Zoning Board of Appeals would be called upon to grant a variance or not.

I know what we have isn't perfect...but its a darn-sight better than
nothing! Now that it is in place, with IDA's permission (I haven't asked
yet!) I will generate a document based heavily on the IDA good-lighting
webpages for our Planning Dept and Building Inspector to provide to people
applying to build new homes/subdivisions/etc that gives examples of
appropriate luminaires to use for difference settings.

Good luck with your particular battle...especially to the NY group (I was
born in upstate NY)!!! Wins are possible.

Peter Bealo






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Message: 3
   Date: Sat, 19 Jan 2002 14:43:45 EST
   From: ctstarwchr@aol...
Subject: Re: Virginia Enabling Legislation

In a message dated 1/19/02 12:04:39 PM Eastern Standard Time, w2sgd@juno... 
writes:

> Local government in NYS has that right.  [Probably under the state
> constitution.]   I bet most states do.   What happened to Virginia in
> 1776?

This is correct about New York and most other states.  Here is some history 
on this issue.  The practice of legislative restriction did not go into 
effect until 120 years after the Revolution.  Surprisingly, Dillon's Rule was 
created by the legal ruling of only one man!  He was Judge John Dillon who 
was the Chief Justice of the Iowa Supreme Court in the late 1800s.  

At that time, political machines and strong party bosses controlled the local 
Iowa governments, which in turn led to unchecked corruption and bureaucratic 
inefficiency.  Sounds familiar today too, doesn't it?  ;-)  Fortunately Light 
Pollution reform is an omnipartisan issue where all people can unite to 
establish solutions once they finally understand the problems.  Achieving 
that level of understanding is the biggest challenge.

In an effort to curb the social problems of corruption and political power 
mongering in Iowa, Judge John Dillon ruled that all forms of legislation 
would hereafter be handled at the state level rather than by the people at 
the local community levels.  His ruling is cited as follows:

"It is a general and undisputed proposition of law that a municipal 
corporation possesses and can exercise the following powers, and no others: 
first, those granted in express words; second, those necessarily or fairly 
implied in or incident to the powers expressly granted; third, those 
essential to the accomplishment of the declared objects and purposes of the 
corporation -- not simply convenient, but indispensable. Any fair, 
reasonable, substantial doubt concerning the existence of power is resolved 
by the courts against the corporation, and the power is denied." 

What this means is that local governments can only create legislation that 
they are specifically empowered by the state to enact.  It also declares that 
if there is any reasonable doubt whether a power has been granted to a local 
government, then the power has not been conferred.  The two Virginia Bills 
pertaining to this issue consist of only one declarative statement that 
simply says all municipalities within the Commonwealth of Virginia shall have 
the right to enact their own lighting regulations.

Thirty-eight states do not recognize Dillon's Rule.  Virginia is partially 
affected and also goes by what is known as Home Rule where the municipalities 
rather than the state determine *some* of the laws.  Time and population 
growth has proven Dillon's rule to be counterintuitive in many states, 
however, some are still considered to be non-Home Rule states.  The states 
affected by this restrictive process are: Alabama, Arizona, Delaware, 
Nebraska, Nevada, New Mexico, Oklahoma, Texas, Vermont, West Virginia and 
Wyoming.  They all abide by Dillon's Rule.

To be effective at rescinding Dillon's Rule, the primary argument that works 
best is to stress that local governments have a much better understanding of 
their own local needs and traditions.  Therefore, municipalities are better 
equipped to address local issues that are poignant uniquely to them.  In 
essence, this is the same tactic that many state governments have employed to 
gain control of issues from the Federal government.

Some people have been erroneously led to believe that we live in a free 
country, but not all of us do.  In essence, Dillon's Rule is nothing more 
than mandated totalitarianism that is exercised by a sovereign state 
government with the purpose of oppressing the self-governing municipalities 
under their jurisdiction.  It needs to be rescinded so communities have the 
right to determine their own set of rules and regulations guaranteed by the 
US Constitution.  Hope this helps to bring a deeper level of understanding to 
the issue.

Clear skies and good seeing,
Keep looking up!

Cliff Haas
Chair Light Pollution Education
Astronomical Society of Greater Hartford
http://members.aol.com/copernicanview

Light Pollution Awareness Website (LiPAW)
http://members.aol.com/ctstarwchr

Fight for your right to see stars in the night!
Join IDA Today!   http://www.darksky.org



[Non-text portions of this message have been removed]




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Message: 4
   Date: Sat, 19 Jan 2002 14:57:27 EST
   From: ctstarwchr@aol...
Subject: Re: Plaistow NH Lighting Ordinance passed

In a message dated 1/19/02 2:49:16 PM Eastern Standard Time, 
pbealo@mediaone... writes:


> I know what we have isn't perfect...but its a darn-sight better than
> nothing! Now that it is in place, with IDA's permission (I haven't asked
> yet!) I will generate a document based heavily on the IDA good-lighting
> webpages for our Planning Dept and Building Inspector to provide to people
> applying to build new homes/subdivisions/etc that gives examples of
> appropriate luminaires to use for difference settings.
> 

Great job Pete and congratulations on your achievement!  Please send me a 
written copy of the ordinance off line if you would so I can add it to the 
library of references.

The IDA grants permission to use their materials for educational purposes 
like this, providing the source is cited in the documentation.  Good luck 
because the better understanding that gets achieved in your community the 
more effective the new regulations will be.  Passing an informational 
brochure with building permits would help achieve a better level of 
understanding.

Clear skies and good seeing,
Keep looking up!

Cliff Haas
     ________
 ||=|________|
 ||  / FCO   \
 || / the way \
 ||/   to go!  \
 |/ http://www. \
 /| darksky.org  \
/||_______________\_ 

Light Pollution Awareness Website
http://members.aol.com/ctstarwchr


[Non-text portions of this message have been removed]




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Message: 5
   Date: Sat, 19 Jan 2002 15:14:54 -0500
   From: Steve Davis <w2sgd@juno...>
Subject: Hot LP News Update

Check my web site.  Since the Times Union has changed
Internet Service Providers, you will have to update your
"bookmark" or "favorites" to access the site without
typing in the entire URL.

Steve, w2sgd@juno...
Dark Skies for the Adirondacks
http://www.timesunion.com/communities/darksky/

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Message: 6
   Date: Sat, 19 Jan 2002 21:13:41 -0000
   From: "ctstarwchr" <ctstarwchr@aol...>
Subject: Re: Virginia Enabling Legislation

--- In DarkSky-list@y....., Glendon L Howell <glendonhowell@j.....> wrote:
>
> I was wondering if members of this list could send me or
> point me to 
> 
> 1. a list of states that have passed lighting controls

Hi Glen:

Thanks very much for providing the additional information on the 
pending Virginia legislation.  Please visit my LiteLynx List for a 
listing of all states that have enacted outdoor lighting controls.  
There you will find the actual text of each law.  Click on Laws in 
the Index and then State Laws in the category's sub-index.

http://members.aol.com/ctstarwchr

The states of Arizona, Colorado, Connecticut, Maine, New Mexico, and 
Texas all have laws in their state statutes governing various aspects 
of outdoor lighting regulation.  Connecticut is the only state 
requiring FCO lighting for all roads.  Most others require at least 
cutoff lighting for state funded roads.

> 2. those states whose DOTs don't have a problem with FCO

The state of Washington has used FCO roadway lighting for over 40 
years.  Their DOT manual is found on my LiteLynx List under Books and 
References.  California DOT (Caltrans) prefers FCO roadway lighting 
and their manual is found on the LiteLynx List also.  The New Jersey 
Turnpike north of exit 8 has used FCO lighting almost exclusively for 
over twenty years.  It is the best application of FCO that I have 
experienced and driving on this road at night is a pleasure to 
behold.  

In March of 2000, Connecticut DOT committed to using FCO lighting on 
all new road projects and they also sent a letter to the utility 
companies maintaining lighting on all secondary state funded roads 
requesting the installation of FCO for all new installations and 
replacement lights.  A copy of the letter is available for review at:

http://e-source.com/streetlights/

This came about after I urged the Attorney General to do an 
investigation of the CT-DOT roadway lighting practices because we had 
a statute (13a-110a) that required use of FCO in effect since 1996.  
After logging lights on over 350 miles of state roads in December of 
1999 I could only find 8 FCOs out of thousands of semi-cutoff 
cobras.  Today there are around three hundred with more going up 
every day.

Spacing of poles and installed wattage has remained the same.  In 
some areas the pole heights have been raised to provide a wider 
spread that enhances the lighting uniformity.

> 3. a list of specific corridors lit in FCO that can be used as
> examples of successful implementation.

The closest installation that I know of to your area is the New Jersy 
Turnpike.  It is about a 4-1/2 hour ride north on Route 95 from 
Norfolk.  Upon returning home after we met at the Tidewater Regional 
it was some of the only roadway light relief that I had.  There may 
be other installations closer to you but I'm not aware of any on the 
Interstates.  I do recall seeing a few in Fredricksberg near Mary 
Washington College but no strings where the improved effect would be 
apparent.

> My goal is of course to try to defuse their argument with success
> stories.

This is an excellent approach because it supplements mere opinion 
with the concrete facts of practical application.  I am curious about 
what the specific objections are that are coming forth from the Farm 
and VDOT lobbies.  Could you please enlighten me before I contact the 
committee members?  The Committee on Towns & Cities is meeting again 
to discuss one of the enabling bills on Tuesday, 1-22-02.  Hope this 
information helps!

Clear skies and good seeing,
Keep looking up!

Cliff Haas
http://members.aol.com/ctstarwchr




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Message: 7
   Date: Sat, 19 Jan 2002 17:02:48 EST
   From: Mysids@aol...
Subject: Re: Virginia Enabling Legislation

In a message dated 1/19/02 12:04:39 PM Eastern Standard Time, w2sgd@juno... 
writes:

>   "What happened to Virginia in 1776?"

and ctstarwchr@aol... writes

"In essence, Dillon's Rule is nothing more than mandated totalitarianism"

>From a native concerned Virginian,  the baton was passed from some 
exceptionally bright leaders of democracy (Jefferson, Franklin, Adams, etc.,) 
and ended up along the way in the hands of some of the most exceptionally 
dumb inspirants (Oliver North, George Allen, Jim Gilmore) of inefficient 
government that most Virginians depise.  Virginia's government and politics 
has become so disconnected with its heritage and people.     We just don't 
have the Jeffersonian mindset running the show anymore.  The snake oil 
carpetbaggers have gotten control of our valued governing insititutions.   It 
is one reason we are having a great deal of difficulty with LP legislation.  


[Non-text portions of this message have been removed]



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Message: 8
   Date: Sat, 19 Jan 2002 17:01:05 EST
   From: ctstarwchr@aol...
Subject: Abstracts: Ecological Consequences of Artificial Night Lighting

Greetings:

Travis Longcore just informed me that the Abstracts of the presentations that 
will be given at the Ecological Consequences of Artificial Night Lighting 
conference held at UCLA on February 22-23, 2002 are now available at the 
following URL:

http://www.urbanwildlands.org/abstracts.html

This event is sponsored by the Urband Wildlands Group and the UCLA Institute 
of the Environment.

Several notable researchers, some whom are DarkSky List Forum and fellow IDA 
members, will be presenting their research information in an effort to pool 
ideas that will stem into more extensive research on these important issues.

If you are interested in protecting the lives of animals and advancing 
obtrusive outdoor lighting reform at the same time, please consider attending 
this important meeting if at all possible.  There is still time to register 
but the seats are filling up fast.

Details on the conference are found at:

http://www.urbanwildlands.org/conference.html

Registration information is available at:

http://www.urbanwildlands.org/nightlightingconference.pdf

Clear skies and good seeing,
Keep looking up!

Cliff Haas
Chair Light Pollution Education
Astronomical Society of Greater Hartford
http://members.aol.com/copernicanview

Light Pollution Awareness Website (LiPAW)
http://members.aol.com/ctstarwchr

Fight for your right to see stars in the night!
Join IDA Today!   http://www.darksky.org



[Non-text portions of this message have been removed]




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Message: 9
   Date: Sat, 19 Jan 2002 18:12:45 -0500
   From: "Terry McGowan" <lighting@ieee...>
Subject: Re: Plaistow NH Lighting Ordinance passed

The "Tech Bulletin 16" that you mention, Peter, seems like an effective way
to handle questions that arise when designers, installers and others begin
to discuss LP.  It saves putting all of the information into the legislation
too.  There must be places where similar documents have been produced.  Does
anyone have a list?  I didn't see one on the IDA pages.

Terry McGowan

----- Original Message -----
From: Peter Bealo <pbealo@mediaone...>
To: <DarkSky-list@yahoogroups...>
Sent: Saturday, January 19, 2002 2:37 PM
Subject: [DSLF] Plaistow NH Lighting Ordinance passed


>
> I finally was able to get a lighting ordinance passed in my town, Plaistow
> NH. Once the NH Office of State Planning (OSP) issued a NH Light Pollution
> Handbook (
> http://www.state.nh.us/osp/planning/guide/docs/TechBulletin16.pdf )it was
> relatively easy to approach our town Planning Board with a recommendation
> that the OSP suggested ordinance be adopted. We had a little
give-and-take,
> but the Kennebunkport ME based ordinance was approved after only 2 months.





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Message: 10
   Date: Sun, 20 Jan 2002 01:16:51 -0000
   From: "ctstarwchr" <ctstarwchr@aol...>
Subject: Re: Plaistow NH Lighting Ordinance passed

--- In DarkSky-list@y....., "Terry McGowan" <lighting@i.....> wrote:
> There must be places where similar documents have been produced.
> Does anyone have a list?  I didn't see one on the IDA pages.
> 

Hi Terry:

Emmet County Michigan P&Z Department is one that does.  A link to 
their flier, albeit brief, is available on the web at:

http://my.net-link.net/~memiller/EmmetCtyHandout.html

I believe a number of other communities take similar actions to 
assure problems are solved before they get installed.  It sure saves 
a lot of headaches and makes zoning enforcement much easier if 
someone installs lighting that is out of compliance after being 
forewarned about the requirements.

One of the biggest excuses from designers is the *we weren't aware* 
syndrome that, after great sums of money are spent on non-compliant 
lighting systems, results in appeals to get variances granted.

The civil engineering firm where I work recently went through one 
such struggle when a client's hired lighting engineer (not us) 
selected a 25 foot high pole that was placed on a three foot high 
pilaster, but the community zoning regulations clearly stated no 
mounting heights above 25 feet.  Arguements later ensued that the 
poles WERE twenty-five feet high but in actuality the lights were 
mounted at twenty-eight after poles were assembled atop the concrete 
pilasters.  Had this engineer done his homework before hand the 
problem would have been solved without the need to seek a variance.

Providing a handout explaining the lighting regulations with every 
building and electrical permit that gets issued is the best way to 
achieve compliance without a lot of huff and puff going on after the 
fact.  Like Ben Franklin said, "A stitch in time saves nine."  ;-)

Clear skies and good seeing,
Keep looking up!

Cliff Haas
http://members.aol.com/ctstarwchr 




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Message: 11
   Date: Sun, 20 Jan 2002 02:23:02 -0500
   From: Scott Griswold <griz@sky...>
Subject: Definition of Light Pollution

Recently I looked up the definition of Light Pollution.
Perhaps getting the definition changed would be a good step in the 
right direction to raising awareness.

------------------------------------------------------------------
http://www.webster.com
Entered: "Light Pollution"
Source: Webster's Collegiate Dictionary

Artificial skylight (as from city lights) that interferes with 
astronomical observations.
------------------------------------------------------------------
http://www.dictionary.com
Entered: "Light Pollution"
Source: The American Heritage® Dictionary of the English Language, 
Fourth Edition

Illumination of the night sky by electric lights, as in an urban 
area, that interferes with astronomical observation.
------------------------------------------------------------------
Webster's Dictionary is published by Merriam-Webster and they can be 
contacted at:

suggest@m-w...

The American Heritage Dictionary is published by Houghton Mifflin.
They can be contacted through this online form:

http://www.houghtonmifflinbooks.com/epub/form.shtml

My suggestion for a definition would be:

"Light Pollution - Improperly directed light resulting in glare, 
light trespass and sky glow; light that has a negative impact on the 
surrounding environment and its inhabitants."

Perhaps the suggestion should be made that the definition no longer 
only applies to astronomical impact but now can be broadened to 
include many aspects of animal, human and environmental impact.


Peace, Dark Skies & Safe Nights,

Scott Griswold



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Message: 12
   Date: Sun, 20 Jan 2002 02:46:53 EST
   From: ctstarwchr@aol...
Subject: Re: Definition of Light Pollution

In a message dated 1/20/02 2:23:52 AM Eastern Standard Time, griz@sky... 
writes:

> Perhaps the suggestion should be made that the definition no longer 
> only applies to astronomical impact but now can be broadened to 
> include many aspects of animal, human and environmental impact.

Sounds good Scott.  Go for it!  Frankly I am delighted (sorry, no pun 
intended) that it is even listed, but you are correct, the stigma of Light 
Pollution only applying to astronomy could not be more inaccurate.  Pass them 
this link as one example to substantiate that fact:

http://www.urbanwildlands.org/abstracts.html

Clear skies,

Cliff Haas
http://members.aol.com/ctstarwchr



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