Limiting Off Property Shading of Solar Energy Systems

• Author: Trisana Spence, Kathryn Leidahl
• Pages: 70-74

70 Sustainable Development Code: Climate Change

LIMI TIN G OFF PROP ERTY

SHAD ING OF SOLAR

ENER GY SYSTEM S

Trisana Spence, Kathryn Leidahl (authors)

Darcie White, Sara Bronin, & Jonathan Rosenbloom (editors)

INTRODUCTION

Renewable solar energy systems create no direc t pollution in their function-

ing and require very little maintenance.1 As a result, solar energy has become

a popular way to generate electricity, provide light, and heat water for domes-

tic, commercial, and/or industrial use.2 To operate eciently, solar energy

systems need direct access to sunlight. e more direct sunlight, the more

ecient the system is. Shading from vegetation and str uctures can block

sunlight. is presents a dicult challenge when the vegetation and struc-

tures are on someone else’s property. To balance the necessity of new vegeta-

tive and developmental growth against the importance of solar access rights,

some local governments have enacted legislation that expressly protects solar

energy systems from shading.

Protection from shade can be achieved throug h a permit process, by-right,

or through an easement.3 In terms of permits, there are two signicant per-

mit processes that create protection from shading: a protective solar access

permit and a solar instal lation permit. e two achieve the same goals, but in

slightly dierent ways. A protective solar access permit ensures the shading

from vegetation, fences, buildings, and other structures on adjacent proper-

ties do not interfere with solar energy collectors. A solar inst allation permit

grants the installer/owner of the solar energy system protected access. For

more information regarding solar insta llation permits see the Streamlining

Solar Permit and Inspection Process brief.

e language included in loca l permitting regulations may include limit-

ing the height of existing trees a nd buildings, ensuring new construction wil l

not interfere with potential or existing solar energy systems, and prohibiting

the planting of certain vegetation if when fully grown would shade or inter-

fere with solar energy system. Obtaining a permit may include an applica-

tion process, which requires submission of a map of all properties aected,

labeling buildings, vegetation, and other structures. After the application is

complete, the burdened landowner may be put on notice that an application

has been submitted and aorded an opportunity to raise objections to the