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Protecting Solar Access Rights

MCLI Recommendation: “Congress or States should enact solar access protection statutes.”

LPDD Recommendation: “Local governments should enact zoning codes that prospectively protect some degree of solar access rights for lots and that provide alternatives for high-density dwellers to have access to solar power.”

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7 resources

Resource States and State Governments

A Comprehensive Review of Solar Access Law in the United States

The Solar America Board for Codes and Standards is a collaborative effort funded by the U.S. Department of Energy that dedicates experts to transforming solar markets by improving building codes, util...
Example States and State Governments

Wyoming’s 1981 Solar Rights Act

Wyoming’s 1981 Solar Rights Act employs a prior appropriation regime and address shading from both human obstructions and from vegetation.
Example Local Governments

Ashland OR’s solar access permit law

Ashland OR’s Municipal Code 18.4.8 establishes a procedure for a obtaining a solar access permit to protect a solar energy system from vegetation that would shade the collector.
Example States and State Governments

California’s 1978 Solar Shade Control Act

California’s 1978 Solar Shade Control Act addresses shading from vegetation, but not from constructed obstructions. Problematically, it also treats claims as a private nuisance (increasing costs to en...
Example States and State Governments

New Mexico’s Solar Rights Act

New Mexico’s 1977 Solar Rights Act employs a prior appropriation regime and address shading from both human obstructions and from vegetation.
Example States and State Governments

Massachusetts laws on solar easements and solar access rights

Massachusetts General Laws 187-1A provides conditions for creating a solar easement. Massachusetts General Laws 40A-9B on solar access rights provides municipal governments with authority and guidance...
Resource States and State Governments

ABA Model Solar Access Law

Working under the ABA’s Section of Environment, Energy, and Resources, the law firm Fulbright & Jaworski crafted model solar energy access legislation in 2010, which covers all forms of solar energy a...