Back to: Navigating Solar Access Laws in the US
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Key Elements of Solar Access Laws
Solar Easements
Definition:
A voluntary agreement between property owners to ensure unobstructed sunlight.
Legal Requirements:
Easements are typically recorded in property deeds and must specify details such as location, duration, and maintenance responsibilities.
Solar Rights
Definition:
Legal protections preventing HOAs or local regulations from unreasonably restricting solar installations.
Typical Provisions:
- Limits on aesthetic restrictions.
- Prohibition of outright bans on solar systems.
- Reasonable cost and design requirements.
State-by-State Overview
California
- Solar Rights Act: Prevents HOAs and local governments from imposing significant restrictions on solar installations.
- Solar Shade Control Act: Prohibits vegetation from casting substantial shadows on solar panels after they are installed.
Colorado
- Solar Access Law: Prohibits unreasonable HOA restrictions on solar systems.
- Solar Easements: Permitted through voluntary agreements.
Florida
- Renewable Energy Property Rights Act: Prevents HOAs and local governments from restricting solar panel installations.
Texas
- Texas Solar Rights Law: Protects homeowners from unreasonable restrictions imposed by HOAs or local ordinances.
New York
- Solar Access Protections: Local ordinances may establish solar access zones to promote sunlight availability.
