Understanding Solar Access Rights Across the United States
Solar access laws are designed to protect the rights of homeowners to harness solar energy. These laws ensure that homeowners have the legal freedom to install and utilize solar panels
Massachusetts law Chapter 40A states that “no zoning ordinance or by-law shall prohibit or unreasonably regulate the installation of solar energy systems or the building of structures that facilitate the collection of solar energy, except where necessary to protect the public health, safety or welfare.“
That usually means banning a homeowners association from restricting solar panels in a way that significantly affects the cost of solar or the solar panels' performance. Often, the laws let HOAs make reasonable requests for aesthetic or safety purposes. Solar access laws are generally set at the state, county, or city level.
While state and local ordinances for PV solar have the potential to be highly constraining to future deployment, they have not materialized to date. And while many ordinances restricting PV solar are being adopted nationwide, the degree of restriction imposed by such ordinances is generally minimal.
Added to the Connecticut Clean Air Act in 2023, Connecticut was the last New England state to establish solar access laws, though HOAs “may adopt rules on the size and placement of solar installations.”
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