Rebates

Parties may voluntarily enter into solar easement contracts for the purpose of ensuring adequate exposure of a solar energy system. An easement must be expressed in writing and recorded with the register of deeds for that county.

The written agreement must contain a description of the airspace in question and any term and/or conditions under which the solar easement is granted or terminated.

In 2019, Idaho passed H.B. 158, which provides that a homeowner’s association may not limit or prohibit installation of solar panels or collectors on any property rooftop or structure within its jurisdiction. Homeowners associations may, however, enforce reasonable rules regarding the appearance of the panels. The provisions only apply to rooftops that are owned, controlled, and maintained by the homeowner.

Idaho law also allows for solar easements. Similar to laws in other states, Idaho's solar easement provision does not create an automatic right to sunlight. Rather, the law allows parties to enter into solar easement contracts voluntarily for the

Alaska's solar easement provisions are similar to those in many other states. They do not create an automatic right to sunlight. Rather, they allow parties to voluntarily enter into solar easement contracts for the purpose of ensuring adequate exposure of a solar energy system.

Oregon has several laws that protect access to solar and wind resources and the use of solar energy systems. Oregon's solar access laws date back to 1979 and state that no person conveying or contracting to convey a property title can include provisions that prohibit the use of solar energy systems on the property. Any provisions that prohibit the use of solar energy systems are void and unenforceable. Solar energy systems are defined broadly to include any device, structure, mechanism, or series of mechanisms that uses solar radiation for heating, cooling, or electrical energy.  In June 2011, this law was

Solar Policy

North Dakota's solar easement law is similar to those established by many other states. The law allows a property owner to obtain a solar easement from another property owner for the purpose of ensuring adequate exposure of a solar energy system to sunlight. A solar easement must include:

• 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, conditions, or both under which the solar easement is granted or will be terminated; and
• Any provisions for compensation of the owner of the property