Rebates

New Jersey law provides for the creation of solar easements to ensure that proper sunlight is available to those who operate solar-energy systems. The term "solar energy device" is not defined by the law, and thus could conceivably include all manner of systems or equipment that utilize solar energy. The law also establishes requirements for certain types of information that must be included in the easement agreement, listed as follows:

• 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 or conditions or both under

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 the property affected, angles at which the easement extends

Washington's solar easement laws are similar to those in many other states. The law does not create an automatic right to sunlight. Rather, the law allows parties to enter into solar easement contracts voluntarily for the purpose of ensuring adequate exposure of a solar-energy system.

In April 2009, Washington enacted S.B. 5136, restricting homeowner's associations from prohibiting the installation of solar energy panels. A homeowner's association may issue guidelines related to visibility and aesthetic aspects of solar panel placement, but it may not prohibit a resident or owner from installing solar panels, provided that the solar panels meet certain

Rhode Island allows property owners to establish solar easements in the same manner and with the same effect as a conveyance of an interest in real property. Solar easements must be created in writing. 

In general, they must include: 

1. A description of the real property involved, 
2. A description of the angles and three-dimensional space involved; 
3. The terms under which the easement is granted or may be terminated, and
4. Any provisions for compensation of either property owner.

In addition, the state’s local zoning ordinances must address access to air and light, views, and solar access.

In Kentucky, solar easements may be obtained for the purpose of ensuring access to direct sunlight. Easements must be expressed in writing and will become an interest in real property that may be acquired and transferred.

In determining that the use of solar energy "can help reduce the nation's reliance upon imported fuels," Georgia encourages the development of solar-energy systems. Accordingly, under Georgia's Solar Easements Act of 1978, easements may be established to allow owners of solar-energy systems to negotiate for assurance of continued access to sunlight. Any easement must be created in writing and is subject to the same requirements as all other legal easements. The easement must contain:

• A description of the airspace affected by the easement
• Any terms and/or conditions under which the easement is granted or will be terminated

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.

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