The state of solar access legislation in the United States

The energy crisis has compelled many states to pass solar energy legislation to aid in the use and development of an alternative residential energy source. Many bills deal with land use laws and concern easements, covenants, zoning, land use planning, and other land use controls. This thesis surveyed energy use, solar energy, and solar access legislation within the United States.

From a literature search and a questionnaire, a survey of solar energy use, policy, and legislation was developed. The literature search reviewed studies on the energy crisis, solar energy, solar energy and the law, and private and public methods for protecting solar access. The questionnaire was used to investigate state policy toward solar energy use and solar access in particular. The questionnaire was sent to state energy officials and included questions in solar energy use, covenants, easements, zoning, and other land use controls.

The survey found that easements may presently be the most effective means of gaining and protecting solar access rights, especially in heavily developed areas. Restrictive covenants can be the most important private land use tool for protecting solar access in new communities. The law of prior appropriation, eminent domain, transferable development rights, nuisance laws, and especially zoning and subdivision regulations, are public devices that may be used to protect solar access. Many states have passed solar zoning and subdivision legislation. A combination of private agreements and zoning seem to be the most effective method of protecting solar access.

The questionnaire revealed that most state energy offices feel that solar energy will have an important role in their state's energy future and that solar energy is being considered in their state's present energy policy. Many state and local governments are considering proposals which can overcome existing laws that may prohibit access to solar energy. At the present time, state solar legislation is basically concerned with creating and recording private easements and covenants. State recognition of private and public methods for protecting solar access helps enforcement, recording, and the creation of standards.

The survey also revealed that the states vary in their attitudes toward solar energy development and solar access. Many states do not feel that it is necessary to pass state solar access legislation because their local governments have considerable "home rule" powers. These local governments can create their own solar legislation. The states that are most affected by the energy crisis, those that have to import energy for residential use, are generally the leaders in creating solar access legislation.

The conclusion drawn from the study was that solar energy use is considered important for the future but its present impact is small. However, in the past few years, a large amount of solar access legislation has been passed throughout the nation. Many states are now allowing local governments to change their zoning and subdivision regulations to accommodate solar access. This may have an important influence on land development in the future. As a result, land use planning will have to change to meet this change in development patterns.