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I think that the tree is probably permissible during construction as the lighting guidelines are not as strict as they would be once it is open. They are allowed to use lighting during the construction of the ride. This is most likely a loophole in the system and I am sure that BGW double checked with JCC before proceeding with the temporary nature of the tree on the top hat.
 
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So, did Busch get an additional variance for the lighting on Pantheon? I thought their height variance specifically prohibited uplighting?
It might be low enough to fall outside of the prohibition I forget what the height limit on the lighting was but Pantheon as a whole is far shorter then the waver and the top that isn't the highest point so that is even lower.
 
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