Rebates

New Hampshire's "solar skyspace easement" provisions allow property owners to create solar easements in order to create and preserve a right to unobstructed access to solar energy. Easements remain in effect for at least 10 years, unless otherwise stated in writing. A model solar easement form is provided in New Hampshire Statutes Section 477:51.

An easement must include:

• A description of the vertical and horizontal angles, expressed in degrees and measured from the site of the solar energy system, at which the solar skyspace easement extends over the real property subject to the solar skyspace easement, or any other

In Missouri, the right to utilize solar energy is a property right, but eminent domain may not be used to obtain such a property right. Easements obtained for the purpose of construction, reconstruction, remodeling, or acquisition of a solar energy system should be created in writing and are subject to the same conveyance and instrument recording requirements as other easements. Solar easements are considered a negative (i.e., restrictive or use prohibitive) easement and cannot be acquired by prescription; they must be negotiated expressly.

In June 2022, Missouri adopted S.B. 820, which prevents deed restrictions, covenants, and other similar binding

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

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 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.