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Solar and Wind Access

States have enacted laws to protect and maintain a property owner's access to wind and sunlight. Some states allow for the creation of easements. A wind or solar easement provides legal access to wind or sunlight even though another person's property may be affected. That is, one property owner may not restrict another property owner's access to wind or sunlight.

Some states have laws that prohibit neighborhood covenants from explicitly restricting the installation or use of solar equipment. While solar and wind access is not considered an automatic right, the laws are meant to prohibit unreasonable infringement on access.

Arguments for Solar and Wind Access

  • Individuals with solar or wind energy systems are protected by ensuring needed access to sun and wind.

  • Some properties may increase in property value, due to solar or wind systems and access rights.

Arguments against Solar and Wind Access

  • Can restrict property owners that do not have or benefit from solar or wind easements.

  • Possibility of decrease in some property values for aesthetic or other reasons.

For more information on states with solar and wind access laws, visit the Database of State Incentives for Renewable Energy (DSIRE).