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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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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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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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Nevada Solar and Wind Easement Laws

Nevada has a number of laws which prohibit restrictions on solar and wind energy systems. 

Nevada Revised Statutes 111.239 and 111.2395 relate to property. The laws disallow covenants, deeds, contracts, ordinances or other legal instruments which unreasonably restrict a property owner from using a solar or wind energy system on his or her property. For solar systems, unreasonable restrictions are those which decrease system performance by more than 10%. For wind systems, unreasonable restrictions are those which “significantly” decrease the efficiency or performance of the system. Further restrictions can be placed on a wind system based on its height, noise

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Renewable Energy Standard

Note: The Arizona Corporation Commission is currently considering changes to the state's Renewable Energy Standard in Docket No. RE-00000A-24-0026.

In November 2006, the Arizona Corporation Commission (ACC) adopted final rules to expand the state's Renewable Energy Standard (RES) to 15% by 2025, with 30% of the renewable energy to be derived from distributed energy technologies. In June 2007, the state attorney general certified the rule as constitutional, allowing the new rules to go forward, and they took effect 60 days later. Investor-owned utilities and electric power cooperatives serving retail customers in Arizona, with the exception of distribution companies with

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Alternative Energy Portfolio Standard

Pennsylvania's Alternative Energy Portfolio Standard (AEPS), created by S.B. 1030 on November 30, 2004, requires each electric distribution company (EDC)* and electric generation supplier (EGS) to retail electric customers in Pennsylvania to supply 18% of its electricity using alternative-energy resources by 2020.** 

Eligible technologies

The eligible alternative energy resources are categorized into two “Tiers”. The standard calls for utilities to generate 8% of their electricity by using "Tier I" energy sources and 10% using "Tier II" sources by May 31, 2021. 

Tier I sources include new and existing facilities which produce electricity using the following sources/technologies

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Indiana Solar Easements & Rights Laws

Indiana state law includes both covenant restrictions and solar easement provisions. The state's covenant restrictions prevent planning and zoning authorities from prohibiting or unreasonably restricting the use of solar energy. Indiana's solar easement provisions are similar to those in many other states. Although they do not create an automatic right to sunlight they allow parties to voluntarily enter into solar easement contracts which are enforceable by law. Passive solar structures are explicitly included in the type of solar-collection equipment that may be protected by solar easements.

In March 2022, Indiana adopted a bill, H.B. 1196, preventing homeowners' associations from

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City of Portland - Green Building Policy and LEED Certification

In 2001, the City of Portland adopted a Green Building Policy requiring new construction and major renovations of all city facilities to meet the Certified level of LEED. This policy was amended on April 27, 2005 by Resolution Number 36310, which was adopted by the Portland City Council. At that time, the Green Building Policy was changed to require new buildings to meet the LEED Gold standard. Additionally, the 2005 changes required LEED EBOM Silver for existing buildings. This policy was further amended in April 2009, with the passage of Resolution Number 36700. This resolution includes measures to incorporate the

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