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Discussion Regarding Potential Ordinance Regulating Artificial Illumination/Light Pollution
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BRIEF OVERVIEW
The Board of County Commissioners (BOCC), during its meeting of February 28, 2023, reached a consensus directing the County Attorney's Office to provide it with a report as to its authority to adopt an ordinance regulating artificial illumination/light pollution.
Please be advised that the BOCC is authorized to regulate illumination/light pollution by two methods, to wit:
* First, the BOCC can enact an ordinance that controls coastal lighting to protect hatching sea turtles; provided, that the enacted ordinance substantially complies with the model ordinance promulgated by the Florida Department of Environmental Protection. See Fla. Stat. ? 161.163; Rule 62B-55.004, F.A.C. A copy of the state's model ordinance is attached hereto.
* Second, the BOCC can enact a Land Development Regulation (LDR) that regulates the use of artificial illumination/light pollution; provided, that the LDR forwards a goal, objective, or strategy of the County's comprehensive plan.
Examples of LDR's that local governments recently enacted include: (a) an ordinance enacted by Volusia County that establishes uniform site illumination standards and lighting plan requirements for nonresidential developments; (b) an ordinance enacted by the City of South Miami that regulates the amount of glare that overly bright illuminations cast on neighboring properties; and (c) an ordinance enacted by Broward County that regulates the glare cast by artificial illumination by designating "lighting zones." Copies of all three ordinances are attached hereto.
FINANCIAL IMPACT
N/A
LEGAL NOTE
N/A. This agenda item presents an issue of pure public policy.
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RECOMMENDATION
It is recommended that the Board reach a consensus as to whether it wants a light pollution ordinance to be prepared, and if so, delineate the regulations that the ordinance should include. If the...
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