Bronte Wells
Light pollution is a growing concern for many people, with the brightening of the night sky over inhabited areas affecting the view of the stars and the natural environment. Light pollution is caused by artificial light shining where it is not wanted or needed, such as a neighbour's security light shining into your bedroom window. In addition to being an annoyance, light pollution is considered a nuisance by courts in most parts of the United States and some parts of the UK. While the laws regarding light pollution vary depending on the area, there are a few common strategies for dealing with light pollution from neighbours, including mediation, local ordinances, and, as a last resort, legal action.
| Characteristics | Values |
|---|---|
| Types of Light Pollution | Skyglow, Light Trespass, Glare, Light Intrusion |
| Skyglow | The brightening of the night sky over inhabited areas |
| Light Trespass | Light that shines where it is not needed or wanted |
| Glare | Excessive brightness that causes visual discomfort |
| Light Intrusion | Light spilling beyond the boundary of the property on which a light is located |
| Light Pollution Sources | Sources with an established lighting scheme |
| Light Nuisances | Misdirected light, stray light, avoidable reflected light, light during hours when it is not needed, and light levels in excess of what is necessary |
| Light Trespass Complaints | Unwanted light illuminating an area or property, excessive brightness in the normal field of vision |
| Light Ordinances | Model Lighting Ordinance (MLO), Outdoor Lighting Code Handbook, Seattle Parks and Recreation Design Standards |
| Light Pollution Laws | At least 19 states, the District of Columbia, and Puerto Rico have laws to reduce light pollution |
| Dark Skies Legislation | Installation of shielded light fixtures that emit light downward, use of low-glare or low-wattage lighting, regulation of lighting time |
| UK Law on Light Pollution | Section 102 of the Clean Neighbourhoods and Environment Act (2005) |
| US Light Nuisance Law | Light pollution is recognised as a "nuisance" in most parts of the US, allowing for lawsuits on "common law" nuisance grounds |
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What You'll Learn
Light pollution components: skyglow, light trespass, glare
Light pollution is the human-made alteration of outdoor light levels from those occurring naturally. It is caused by all human activity requiring light use at night, including lights from homes, buildings, offices, billboards, store signs, street lights, car headlights, and stadium lighting. There are four main types of light pollution: skyglow, light trespass, glare, and clutter.
Skyglow
Skyglow is the brightening of the night sky over inhabited areas. It is caused by unshielded, reflected, and upwardly directed city lights, which obstruct starlight and make the sky appear starless. According to the International Dark Sky Association, about 80% of the world's population is affected by skyglow, and 83% live under light-polluted skies.
Light Trespass
Light trespass occurs when unwanted light shines on an area where it is not needed or wanted. For example, a street lamp shining into someone's bedroom window can cause sleep deprivation. Light trespass can also impact astronomical observations by entering a telescope tube and reducing contrast.
Glare
Glare is excessive brightness that causes visual discomfort or temporary blindness. It occurs when light bounces off reflective objects at night, such as street lights, signs, or headlights from oncoming cars. Problems of glare from building reflections are often regulated through building and zoning codes.
Reducing Light Pollution
To reduce light pollution, it is important to minimize excessive or obtrusive light leaving a property. This can be achieved through the use of shielded, downward-pointing lighting, timers or occupancy sensors to turn off lights when not in use, and adopting ordinances that promote energy conservation, public safety, and aesthetic considerations. At least 19 states in the US have laws in place to address light pollution, and many cities have developed standards for outdoor lighting to protect citizens' rights.
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Light nuisance laws
Light pollution is a widespread issue that can ruin your enjoyment of your property. Light nuisance laws aim to address this issue by providing guidelines and regulations for outdoor lighting installations. Here is an overview of these laws and how they can be enforced:
Understanding Light Pollution
Light pollution refers to artificial light that shines where it is neither wanted nor needed. It includes issues such as misdirected light, stray light, reflected light, excessive brightness, and light during unnecessary hours. Sky glow, light trespass, and glare are the three primary components of light pollution. Sky glow is the brightening of the night sky over inhabited areas, light trespass is light shining where it is not wanted, and glare is excessive brightness causing visual discomfort.
The laws and regulations regarding light pollution vary depending on your location:
- United States: In the US, light pollution is recognised as a "`nuisance`" by courts in most areas. This means that light pollution can be considered conduct that disturbs a neighbour's use and enjoyment of their property. While specific laws may differ across states and municipalities, several states have enacted "`dark skies`" legislation to promote energy conservation, public safety, aesthetic interests, and astronomical research capabilities. For example, Arizona's light pollution law requires shielded light fixtures, and Colorado's law considers costs, energy conservation, glare reduction, and preserving the natural night environment.
- United Kingdom: In the UK, the Clean Neighbourhoods and Environment Act of 2005 includes Section 102, which addresses light pollution. However, this law only covers incidents of particularly bad lighting that cause significant nuisance to others.
Enforcing Light Nuisance Laws
If you are experiencing light pollution from a neighbour or nearby property, there are several steps you can take to enforce light nuisance laws:
- Communicate directly: Start by politely explaining the situation to your neighbour. They may be unaware of the issue and willing to adjust their lighting.
- Offer solutions: Suggest solutions such as installing shades or offering to share the cost of adjustments.
- Seek mediation: If direct communication fails, consider involving a neutral third-party mediator to help craft a mutually agreeable solution.
- Send a demand letter: If necessary, retain an attorney to send a demand letter, outlining the local statutes or regulations being violated and requesting compliance.
- Legal action: As a last resort, you may need to file a lawsuit against your neighbour for nuisance, claiming that their lighting is disturbing your use and enjoyment of your property.
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Local laws and ordinances
Light pollution is a serious issue that can ruin your enjoyment of your property. It includes misdirected light, stray light, avoidable reflected light, light during hours when it is not needed, and light levels in excess of what is necessary. While not all municipalities have specific laws about light pollution, you may still have legal recourse if you are affected by it.
In the United States, light pollution is recognised as a "nuisance" by courts in most areas. A nuisance is a type of conduct that disturbs a neighbour's use or enjoyment of their property. If you are experiencing light pollution from a neighbour, your first step should be to talk to them about it. They may not realise that their lighting is causing an issue and may be willing to adjust it. You could also offer to split the cost of shades or a contractor's consultation fees.
If your neighbour refuses to address the issue, you can retain an attorney to send a demand letter, outlining any local statutes or housing association regulations they are violating and requesting that they comply. If that doesn't work, you may need to file a lawsuit against your neighbour for nuisance. Mediation, where a third-party neutral helps you and your neighbour craft a solution, is another option to consider before litigation.
Some states and municipalities in the US have also enacted laws and ordinances to reduce light pollution. For example, Arizona has had a light pollution law since 1986, requiring all outdoor light fixtures to be fully or partially shielded, except for emergency, construction, and navigational airport lighting. Colorado's law requires the installation of new outdoor lighting fixtures to consider costs, energy conservation, glare reduction, minimising light pollution, and preserving the natural night environment. New Hampshire has also made it a priority to preserve dark skies, encouraging municipalities to adopt ordinances and regulations to conserve energy and minimise light pollution.
Outside of the US, the UK also has laws in place to tackle light pollution. The Clean Neighbourhoods and Environment Act of 2005 includes a section that addresses light pollution, specifically incidents of particularly bad lighting that cause people a nuisance. While this law doesn't cover all forms of light pollution, it helps raise awareness and provides recourse for those severely affected by it.
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State laws and regulations
Arizona
Arizona has had a light pollution law in place since 1986, recognising the state's reputation as a worldwide hub for astronomy. This law requires all outdoor light fixtures to be fully or partially shielded, except for emergency, construction, and navigational airport lighting. Non-compliant fixtures are allowed on the condition that they are extinguished between midnight and sunrise through an automatic device.
Colorado
Colorado's legislation regarding light pollution focuses on the installation of new outdoor lighting fixtures. It requires consideration of costs, energy conservation, glare reduction, minimising light pollution, and preserving the natural night environment.
New Hampshire
New Hampshire has made it a priority to preserve dark skies as a feature of its rural character. State laws encourage municipalities to adopt ordinances and regulations that conserve energy and minimise light pollution.
Florida
Florida has a statewide Model Lighting Ordinance that guides local governments in developing policies to protect hatching sea turtles from the impact of beachfront lighting on their avian and marine life.
Texas
Texas is the only state with a law specifically aimed at reducing light pollution around military installations. The state's Health and Safety Code Chapter 425 regulates certain outdoor lighting, requiring shielding of fixtures from direct view and minimising upward lighting and light pollution.
Other Considerations
In addition to state-specific regulations, organisations like the International Dark-Sky Association (IDA) and the Illuminating Engineering Society of North America (IES) play a significant role in advocating for reduced light pollution. The IDA encourages cities to adopt ordinances promoting shielded, downward-pointing lighting, curfews, and other controls. The IES, in collaboration with the IDA, developed the Model Lighting Ordinance (MLO) to assist municipalities in creating outdoor lighting standards that reduce glare, light trespass, and skyglow.
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International Dark-Sky Association
The International Dark-Sky Association (IDA), now known as DarkSky International, is a non-profit organisation incorporated in 1988. It is committed to preserving and protecting the night-time environment and shared heritage of dark skies. Light pollution is the human-made alteration of outdoor light levels from those occurring naturally. It includes misdirected light, stray light, avoidable reflected light, light during hours when it is not needed, and light levels in excess of what is necessary.
The IDA builds awareness of the impact of light pollution and educates businesses, policymakers, and the public on the value and effectiveness of quality nighttime lighting, including regulations and best practices. They also provide a wide array of information, videos, infographics, and a research library to help people understand the causes and effects of light pollution, covering themes such as wildlife and ecosystems, energy waste, human health, and the intersection of lighting with crime and safety.
The IDA has over 60 international chapters and works with communities, parks, municipalities, and the public to certify and protect dark places for humans and wildlife. They also certify lighting products, designs, and installations that reduce light pollution. To promote awareness, the IDA has an International Dark Sky Places program that encourages communities, parks, and protected areas to preserve and protect dark sites through responsible lighting policies and public education. There are currently five types of designations for International Dark Sky Places:
- Dark Sky Sanctuaries: The most remote and darkest places whose conservation state is fragile.
- Dark Sky Reserves: Dark 'core' zones surrounded by populated areas where policies are enacted to protect the darkness of the core.
- Dark Sky Parks: Publicly or privately-owned spaces protected for natural conservation with good outdoor lighting and dark sky provision.
- Dark Sky Communities: Legally organised cities and towns that adopt quality outdoor lighting ordinances and educate residents about the importance of dark skies.
- Urban Night Sky Places: Sites near or surrounded by large urban areas that promote an authentic nighttime experience in the midst of significant artificial light.
In partnership with the Illuminating Engineering Society of North America, the IDA created the Model Lighting Ordinance (MLO) to help municipalities develop outdoor lighting standards that reduce glare, light trespass, and skyglow. The MLO uses five lighting zones to classify land use with appropriate lighting levels for each.
The IDA encourages cities to adopt and enforce ordinances that call for shielded, downward-pointing lighting, curfews, and other sensible controls to reduce light pollution.
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Frequently asked questions
Light pollution is a generic term for artificial light that shines where it is neither wanted nor needed. There are three types of light pollution: skyglow, light trespass, and glare. Skyglow refers to the brightening of the night sky over inhabited areas, light trespass is light that shines where it is not needed or wanted, and glare is excessive brightness that causes visual discomfort.
While there is no federal law on light pollution, at least 19 states, the District of Columbia, and Puerto Rico have laws in place to reduce light pollution. Most state laws are limited to outdoor lighting fixtures installed on the grounds of a state building, facility, or public roadway. The most common legislation requires the installation of shielded light fixtures that emit light only downward. In addition, some states, such as Arizona, have more specific laws that require all outdoor light fixtures to be fully or partially shielded, with exceptions for emergency, construction, and navigational airport lighting.
If you are experiencing light pollution in your area, you can try talking to your neighbour or the owner of the light source to explain the situation and see if they are willing to adjust their lighting. If that doesn't work, you may need to seek mediation or legal action. In the US, light pollution is recognized as a "nuisance" by courts in most parts of the country, so you may have grounds to bring a lawsuit on "common law" nuisance grounds. Similarly, in the UK, the Clean Neighbourhoods and Environment Act (2005) includes a law that tackles incidents of particularly bad lighting that cause people a real nuisance.
