Are you Clark W. Griswold? Or maybe he lives next door? While holiday light displays signal the joys of the season, they can also usher in a flurry of legal issues – and we don’t mean the fun, fluffy snowman-building kind! Before you go all out decking the halls this year, check out these top tips for commercial and residential holiday light displays.
Potential zoning issues for holiday light displays
Notably in the Lehigh Valley, we have some fabulous large displays that draw people from across the region. Often, it’s several houses that collaborate to create these attractions, and this type of herculean effort may also include: 
- Admission costs (or suggested donations) to help cover high electrical costs
- Portable toilets for visitors
- Parking needs that cause neighborhood headaches
- Sale of hot chocolate or cookies
While you may be feeling that holiday high in the yuletide zone, you should probably consider the zoning laws in your areas:
- Zoned for commercial use – if you charge admission to your lights display, does this constitute running a business? If so, you may need to obtain a permit for that and possibly go before your local zoning board.
- Permits – typically a sanitation permit would be required to have a porta potty on your property. Additionally, if you build an extensive structure to act as an electrical conduit or to help display the lights, that could possibly require a building permit as well.
- Parking and traffic – while not often in suburban residential areas, many cities require residential parking permits due to limited spaces and may have other rules for snow emergencies as well. Some neighborhoods, notably townhome communities, may also have rules about street parking or designate spaces to homeowners only. Be sure your light display is not interfering with neighborhood or city parking zoning and rules. Ultimately, if your holiday lights display is causing significant traffic or congestion, which requires coordination with local authorities for traffic management, you can expect that permits may be required.
Another consideration is homeowner’s insurance. Just like for certain special events, be sure to check your coverage as you potentially invite large numbers of people onto your property, increasing your liability.
There are more than 60 municipalities in the Lehigh Valley alone, so be sure to check your specific municipalities zoning ordinance to ensure your light display doesn’t land you on the naughty list.
Noise and light ordinances for holiday light displays
In addition to zoning ordinances, homeowners and business owners with large holiday lights displays should also look into local noise and nuisance ordinances. Especially newer light displays accompanied with timed holiday music may cause disruptions that interfere with local ordinances. Often, there is a nightly time by which noise that crosses property boundaries must cease, typically around 10:00p.m.
Sometimes a light ordinance is also in place. For example, in the City of Allentown, “flashing, flickering or strobe lighting are prohibited, except for seasonal holiday lights between October 25 and January 10.” Be sure to check this with your local municipality as well and abide by local “lights out” policies.
Condo and HOA rules for holiday light displays
Similarly to posting political yard signs, condominium and homeowners associations (HOAs) may also govern light displays, including, but not limited to:
- Timing – when light displays are allowed to be posted, i.e. after Thanksgiving and removed in January
- Type of decorations – from types of lights (incandescent, LED, level of brightness) to what areas of a property may be decorated
- Installation – how and where lights and decorations may be installed, including the use of certain types of clips or hangers or perhaps prohibiting against nailing or stapling directly into roofing or siding
- Preapproval – Some HOAs have gone as far as to require pre-approval of holiday displays by architectural committees
Be sure to check your HOA rules about when and how your lights may be displayed. Also, HOAs should ensure their governing documents in no way interfere with constitutional rights of homeowners or can be skewed as discriminatory, exposing them to litigation.
A season of goodwill
‘Tis the season to be jolly. While Clark W. Griswold was not the best neighbor, neither was the Grinch who stole Christmas! By checking HOA rules and municipal ordinances, acquiring appropriate permits, checking in with neighbors, and being courteous and respectful of other households, holiday light displays can bring joy while not disturbing the peace.
If you have concerns about your home or business light display or you’re part of an HOA governing body with questionable governing documents, please consult with an attorney to ensure you’re not unnecessarily exposing yourself to legal risks.
Happy holidays!
This blog was co-authored by Stephanie A. Kobal and Steven T. Boell.
