Tennessee Solar Easement and Access Laws

Program Tennessee Solar Easement and Access Laws
Category Regulatory Policy
Implementing sector State
Last Update
State Tennessee
Technologies Solar - Passive, Solar Water Heat, Solar Space Heat, Solar Thermal Electric, Solar Thermal Process Heat, Solar Photovoltaics, Solar Pool Heating
Sectors Residential

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 of compensation or termination. Any provisions for compensation of the owner of the property benefiting from the solar easement in the event of interference with the solar easement or compensation of the owner of the property subject to the solar easement for maintaining the solar easement.  The period of time for which the easement exist.

Note: The office of energy programs of the department of environment and conservation provides a sample solar energy easement instrument for use in the state.

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