Solar and Wind Access Laws
Solar and wind access laws are designed to establish a right to install and operate a solar or wind energy system at a home or other facility. Some solar access laws also ensure a system owner?s access to sunlight. These laws may be implemented at both the state and local levels. In some states, access rights prohibit homeowners associations, neighborhood covenants and local ordinances from restricting a homeowner?s right to use solar energy. Easements, the most common form of solar access law, allow for the rights to existing access to a renewable resource on the part of one property owner to be secured from an owner whose property could be developed in such a way as to restrict that resource. An easement is usually transferred with the property title. At the local level, communities use several policies to protect solar access, including solar access ordinances, development guidelines requiring proper street orientation, zoning ordinances that contain building height restrictions, and solar permits.