Section 708 - Highway lighting1.Definitions. 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 luminaire unless: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).]
3.Exceptions. 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) .