Solar - Passive

Utah Solar Easement and Access Laws

Utah's solar easement provision is similar to easement provisions in many other states. Parties may voluntarily enter into written solar easement contracts that are enforceable by law. An easement must be created in writing and filed, duly recorded, and indexed in the office of the recorder of the county in which the easement is granted. A solar easement, once created, runs with the land and does not terminate unless specified by conditions of the easement.

Any deed, will or other instrument that creates a solar easement must include:

  • A description of the affected properties
  • A spatial description of the solar
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New York Solar Easements & Solar Rights Laws

New York's real property laws allow for the creation of solar easements. Like those in many other states, these are voluntary contracts which must be entered into in order to ensure uninterrupted solar access for solar energy devices. Solar easement agreements are required at a minimum to contain information describing the easement location and orientation to real property subject to the easement, provisions for termination, and provisions for compensation in the event that interference occurs.

The New York General City, Town, and Village codes also allow local zoning districts to make regulations regarding solar access that provide for "the accommodation

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Minnesota Solar/Wind Easement Law & Local Law Options

Minnesota law provides for the creation of solar and wind easements for solar and wind-energy systems. As in many other states, these easements are voluntary contracts. However, unlike similar provisions in other states, Minnesota law specifically provides for wind easements in addition to solar easements. For tax purposes, an easement imposed on a property may decrease the property value, but an easement which benefits a property may not add value to that property.

Solar and Wind Easements must be created in writing and shall be filed, duly recorded, and indexed in the office of the recorder of the county in

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Massachusetts Solar Easements & Rights Laws

Zoning ordinances or by-laws may encourage the use of solar energy systems and protect solar access by regulation of the orientation of streets, lots and buildings, maximum building height limits, minimum building set back requirements, limitations on the type, height and placement of vegetation and other provisions. Zoning ordinances or by-laws may also establish buffer zones and additional districts that protect solar access which overlap existing zoning districts. Zoning ordinances or by-laws may further regulate the planting and trimming of vegetation on public property to protect the solar access of private and public solar energy systems and buildings. Solar energy

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City of Eugene - Solar Standards

Solar Standards

The purpose of Eugene's Solar Standards, as described in sections 9.2780 through 9.2795 of the City of Eugene's City Code, is to create lot divisions, layouts and building configurations to help preserve the availability of solar energy to one- and two-family dwellings. The goal is to promote the use of solar energy and to minimize shading of buildings by other buildings.

Solar Lot Standards

Solar lot standards apply to the creation of lots within subdivisions in R-1 and R-2 zones. In these zones, at least 70% of the lots in a subdivision must be designed as "solar lots"

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California Solar Easement and the Solar Shade Control Act

California’s solar access laws appear in the state’s Civil, Government, Health and Safety, and Public Resources Codes. California’s Civil Code (801.5) ensures that neighbors may voluntarily sign solar easements to ensure that proper sunlight is available to those who operate solar energy systems. California’s Government Code (65850.5) provides that subdivisions may include solar easements applicable to all plots within the subdivision in their plans. California’s Public Resources Code (25980) contains the Solar Shade Control Act, which encourages the use of trees and other natural shading except in cases where the shading may interfere with the use of active and passive

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Montana Solar and Wind Easements

Brief

Montana's solar and wind easement provisions allow property owners to create solar and wind easements for the purpose of protecting and maintaining proper access to sunlight and wind. Solar easements should be negotiated with neighboring property owners. Montana's solar easement law was enacted in 1979; the wind easement law was originally enacted in 1983.

Solar Easements:

An easement must be created in writing and is subject to the same conveyancing and instrument recording requirements as other easements on real property. The easement must specify at least (1) the vertical and horizontal angles, expressed in degrees, at which the solar

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City of Ashland - Solar Rights Ordinance

The City of Ashland has been promoting the use of solar energy since 1981, when it passed one of the first city-wide solar access protection ordinances in the United States. This ordinance contains solar setback provisions designed to ensure that shadows at the northern property line do not exceed a certain height, depending on the zone in which the property is located.

Ashland also includes Solar Orientation Standards for land divisions that create lots in residential zones. The requirements being (A) Where the site and location permit, layout new streets as close as possible to a north-south and east-west axis

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New Mexico Solar Easements & Rights Laws

New Mexico's Solar Rights Act (1977) and Solar Recordation Act (1983) allow property owners to create solar easements for the purpose of protecting and maintaining proper access to sunlight. The Solar Rights Act established the right to use solar energy as a property right. The solar right prevents neighboring property owners from constructing new buildings or planting new trees which would block their access to the sun.

The Solar Recordation Act describes the procedures for filing a solar right through the County Clerk's Office. The property owner seeking the solar right must give advanced notice to the adjacent property owners

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City of Gainesville - Public Facilities Landscaping Ordinances

The City of Gainesville requires the design process for buildings within its public services and operations (PS) district to take into consideration current and future solar access. In addition, trees that are required by landscaping ordinances may be relocated if they conflict with planned solar energy generation. Other regulated trees may be removed if they prevent reasonable development of the site, including the installation of solar energy equipment.

 

 

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