Arizona law protects individual homeowners’ private property rights to solar access by dissolving any local covenant, restriction, or condition attached to a property deed that restricts the use of solar energy.

This law sustained a legal challenge in 2000. A Maricopa County Superior Court judge ruled in favor of homeowners in a lawsuit filed by their homeowners association seeking to force the homeowners to remove rooftop solar panels. The judge found that the association's "guidelines combined with [its] conduct 'effectively prohibited' the defendants from placing solar heating devices on their residence, contrary to the provisions of A.R.S.-33-439 (A)."

Senate Bill

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.

Maine allows for the creation of easements to ensure access to direct sunlight. Instruments creating a solar easement may include, but are not limited to, a description of the space affected by the easement; any terms or conditions under which the solar easement is granted or will be terminated; and a map showing the affected properties and the area protected by the easement. Solar easements must be created and will be recorded and indexed in the same way as other conveyances of real property interests.

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.

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