Utah's Solar Access Law allows and enables (but does not require) local governments to adopt rules that prohibit Home Owners Associations (HOA's) and other entities from restricting a citizen's ability to install solar. Utah Code, Title 10 Chapter 9a Section 610 gives land use authorities the power to refuse approval or renewal of HOA's or Private Covenants that attempt to prohibit "reasonably sited" solar collectors. For this code to take effect, a city, town, or county council must first pass it into law.
Solar Easements: Protect Your Investment
Utah Code, Title 57, Chapter 13 establishes a framework for voluntary solar easements, designed to protect long-term access to sunlight.A solar easement is an written agreement between adjacent property owners that serves protect long-term access to the sun. The easement must be duly recorded and filed 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. All citizens and businesses with solar (and thier contractors) should consider filing a solar easement to protect your investment and ensure unobstructed access to the sun over the extended life of your solar installation.
More Solar Access Resources:
- Utah’s solar easements and solar rights (Database of State Incentives for Renewables and Efficiency)
- Other State Solar Access Laws (Database of State Incentives for Renewables and Efficiency)
- Balancing the Solar Access Equation (and other articles on solar, compiled by the American Planning Association)
- Solar Access Laws (States Advancing Solar)