Florida Solar Easement and Access Laws

Florida law forbids ordinances, deed restrictions, covenants, declarations or similar binding agreements from prohibiting the use of solar collectors (including clothes lines) or "other energy devices based on renewable resources," although certain restrictions related to visibility may be imposed on property owners, as long as the effective operation of the system does not suffer as a result. Community associations are specifically prohibited from preventing the installation of solar collectors on residential rooftops. Legislation that took effect in July 2008 (HB 697) extended the application of the renewable energy access law to condominiums. Interestingly, a condominium or a multi-condominium board

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Iowa Solar Easement and Access Laws

Iowa's solar access easement provision allows for access to sunlight to operate a solar energy system. Those who are unable to obtain a voluntary solar easement from a property owner may apply to the solar access regulatory board for an order granting a solar access easement if the relevant city council or county board of supervisors has created such a board. In the absence of such a board, the matter is referred to the local district court. Applications for an easement must contain specific information about the size, location, and orientation of the solar energy system as well as a
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Glendale Water and Power - Solar Solutions Program

The Solar Solutions program provides all customer groups with an incentive to install photovoltaic (PV) systems on their homes and buildings. Rebate levels will decrease over time on an annual basis. The rebate levels for future program years can be seen at the website listed above. Systems must be sized to produce no more than 100% of the customer’s past 12 months kWh consumption.

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Ohio Solar Easement and Access Laws

Ohio's solar-easement provisions are similar to those in effect in other states. Ohio law allows property owners to create binding solar easements for the purpose of protecting and maintaining proper access to sunlight. Easements must be executed in writing and are subject to the same conveyance and recording requirements as other easements.

A solar access easement agreement shall include:

  1. A description of the real property burdened and and benefited by the easement
  2. A description of the limits in heights, locations, or both, of permissible development on the burdened land in terms of structures, vegetation, or both, for the purpose of
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Solar Easements

New Hampshire's "solar skyspace easement" provisions allow property owners to create solar easements in order to create and preserve a right to unobstructed access to solar energy. Easements remain in effect for at least 10 years, unless otherwise stated in writing. A model solar easement form is provided in New Hampshire Statutes Section 477:51.

An easement must include:

  • A description of the vertical and horizontal angles, expressed in degrees and measured from the site of the solar energy system, at which the solar skyspace easement extends over the real property subject to the solar skyspace easement, or any other
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Missouri Solar Easements & Rights Laws

In Missouri, the right to utilize solar energy is a property right, but eminent domain may not be used to obtain such a property right. Easements obtained for the purpose of construction, reconstruction, remodeling, or acquisition of a solar energy system should be created in writing and are subject to the same conveyance and instrument recording requirements as other easements. Solar easements are considered a negative (i.e., restrictive or use prohibitive) easement and cannot be acquired by prescription; they must be negotiated expressly.

In June 2022, Missouri adopted S.B. 820, which prevents deed restrictions, covenants, and other similar binding

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Solar Easements

New Jersey law provides for the creation of solar easements to ensure that proper sunlight is available to those who operate solar-energy systems. The term "solar energy device" is not defined by the law, and thus could conceivably include all manner of systems or equipment that utilize solar energy. The law also establishes requirements for certain types of information that must be included in the easement agreement, listed as follows:

  • The vertical and horizontal angles, expressed in degrees, at which the solar easement extends over the real property subject to the solar easement.
  • Any terms or conditions or both under
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Tennessee Solar Easement and Access Laws

Tennessee law allows for the creation of easements for the purpose of ensuring access to direct sunlight for solar energy systems. This statute also states that the "encouragement and protection of solar energy systems is a valid objective which counties and municipalities may consider in promulgating zoning regulations." When land is sold, easements pass with the property as recorded with the register of deeds in the county in which the land is situated.

The written creation of a solar easement shall include but is not limited to: descriptions of property affected, angles at which easement extends, and conditions

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Arizona Solar Rights

Arizona law protects individual homeowners’ private property rights to solar access by dissolving any local covenant, restriction, or condition attached to a property deed that restricts the use of solar energy.

This law sustained a legal challenge in 2000. A Maricopa County Superior Court judge ruled in favor of homeowners in a lawsuit filed by their homeowners association seeking to force the homeowners to remove rooftop solar panels. The judge found that the association's "guidelines combined with [its] conduct 'effectively prohibited' the defendants from placing solar heating devices on their residence, contrary to the provisions of A.R.S.-33-439 (A)."

Senate Bill

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