NESEMC Top Solar Policies
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1 POLICY BACKGROUND NESEMC Top Solar Policies Solar Rights and Access Solar rights and solar access provisions help ensure that property owners have the right to install solar PV systems and have adequate access to sunlight, respectively. Solar rights generally take the form of limiting local government ordinances, private restrictions, or both from impeding solar installations. This includes protecting the ability to install solar energy on residential and commercial properties that are subject to private restrictions (e.g. covenants, conditions, restrictions, bylaws, condominium declarations, and local government ordinances and building codes). Solar access provisions can include solar easements and solar access permits. Solar easements are legal agreements that protect access to sunlight on a property, generally made between two property owners. However, they are typically voluntary agreements. Some states and local goverments have used solar access permits to automatically create a solar easement when a property owner receives the necessary permits to install a solar PV system. ABOUT THIS DOCUMENT This document was produced with the help of the Pace Energy and Climate Center s team of student researchers. The vast majority of the information contained within this document has been obtained from the Database of State Incentives for Renewables & Efficiency (DSIRE) with additional information and research obtained from various sources. 1
2 SUMMARY Solar Rights Solar Access CT No state level provisions No state level provisions MA ME Solar access permits Zoning rules protecting solar access allowed Solar easements explicitly mentioned in state law NH No state level provisions Solar easements explicitly mentioned in state law NJ Solar easements explicitly mentioned in state law NY No state level provisions Solar easements explicitly mentioned in state law Zoning rules protecting solar access allowed PA No state level provisions No state level provisions RI No state level provisions Explicitly stated in statute State law requires local zoning rules to address solar access VT No state level provisions 2
3 CONNECTICUT Connecticut does not have any state laws or regulations that specifically address solar rights. Connecticut does not have any state laws or regulations that specifically address solar access. MASSACHUSETTS State law prohibits provisions in ownership or real property instruments (i.e. deeds, wills, conditions, etc.) that restrict installation or use of solar devices (Mass. Gen. Laws ch. 184, 23C). State law prohibits local governments from enacting laws that prohibit or unreasonably regulate solar energy systems (Mass. Gen. Laws ch. 41, 81Q). State law allows for solar access permits special permits that protect direct access to sunlight for solar energy systems (Mass. Gen. Laws ch. 40A, 9B). State law authorizes zoning rules that prohibit unreasonable infringements on solar access (Mass. Gen. Laws ch. 40A, 9B). State law requires zoning ordinances to regulate planting and trimming of vegetation on public property to protect solar access for public and private solar energy systems (Mass. Gen. Laws ch. 40A, 9B). MAINE State law prohibits municipal ordinances, bylaws, and regulations from unreasonably impeding the installation or use of solar energy devices on residential property. Municipalities may restrict the installation and use of solar devices to protect public health and safety, prevent building damage, preserve historic/aesthetic values, and protect shorelines so long as the restriction is reasonable (33 M.R.S. 28-A 1423). State law prohibits homeowner association (HOA) rules, bylaws, and regulations from impeding the installation or use of solar energy devices (33 M.R.S. 28-A 1423). Legal instruments that define the limits, rights, or privileges of owners and renters of condominiums and residential property in common ownership with third parties (e.g. apartment complexes where residents own individual units) may restrict the use of solar energy devices in the condominium s common areas and on common-ownership properties (33 M.R.S. 28-A 1423). State law explicitly allows for voluntary creation of easements for access to direct sunlight (33 M.R.S ). 3
4 NEW HAMPSHIRE New Hampshire does not have any state laws or regulations that specifically address solar rights. State law explicitly allows for voluntary creation of easements for access to direct sunlight (N.H. Rev. Stat. Ann. 477:50). NEW JERSEY State law prohibits HOAs from impeding the installation of solar collectors on dwellings that are not community property of the HOA. It does permit HOAs to regulate certain aspects of solar collectors, including the qualifications of installation personnel, concealment measures, location, color and size (N.J. Rev. Stat. 45:22A-48.2). State law prevents the enforcement of regulations (including local ordinances and applicable HOA regulations), that increase installation and maintenance costs by greater than 10% or prevents the system from operating at maximum efficiency (N.J. Rev. Stat. 45:22A-48.2). State law explicitly allows for voluntary creation of easements for access to direct sunlight (N.J. Stat. 46: ). 4
5 NEW YORK New York does not have any state laws or regulations that specifically address solar rights. New York general city, town, and village codes allow local zoning districts to establish regulations protecting the right to solar access for the use of solar energy systems. These general laws place solar access within the zoning authority of local governments (N.Y. Gen. City L. 20; NY Town L. 263; NY Vill. L ) State law explicitly allows for voluntary creation of easements for access to direct sunlight (N.Y. R.P.L. 335-B). PENNSYLVANIA Pennsylvania does not have any state laws or regulations that specifically address solar rights. Pennsylvania does not have any state laws or regulations that specifically address solar access. RHODE ISLAND Rhode Island does not have any state laws or regulations that specifically address solar rights. State law requires that local zoning ordinances address solar access, but it does not stipulate how solar access is treated (R.I. Gen. Laws ). State law explicitly allows for voluntary creation of easements for access to direct sunlight (R.I. Gen. Laws ). VERMONT State law prohibits restrictions on property owners installation of solar collectors in any deed restriction, covenant, or similar binding agreement (27 V.S.A. 544). State law permits regulations on specific locations for solar installations so long as such regulations do not impair the operation of solar collectors (27 V.S.A. 544). Vermont does not have any state laws or regulations that specifically address solar access. 5
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