Rebates

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

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

Note (January 2025): 

Pursuant to the Renewable Energy Portfolio Standard Amendment Act of 2024 (D.C. Law 25-217), effective January 1, 2025, the Commission is decertifying any SREC-Certified solar energy system not located within the District or in a location served by a distribution feeder serving the District that was certified prior to February 1, 2011. Any facility decertified pursuant to the Renewable Energy Portfolio Standard Amendment Act of 2024 will remain eligible to be re-certified to produce Tier One Renewable Energy Credits applicable to the non-solar portion of the RPS. Please refer to DC Public Service Commission Docket FC1181, Order

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

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

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

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

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

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

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