Solar Energy Systems and Wind Turbines by-Right

• Author: Kerrigan Owens
• Pages: 40-44

40 Sustainable Development Code: Climate Change

SOLA R ENE RGY

SYSTE MS A ND WI ND

TURB INE S BY -RI GHT

Kerrigan Owens (author)

Jonathan Rosenbloom & Christopher Duerksen (editors)

INTRODUCTION

ese ordinances seek to increase renewable energy, specically wind and

solar, by permitting solar energy systems a nd wind turbines by-right in

certain zoning districts.1 Currently, some local government codes contain

districts that not only fail to protect solar energy systems and/or wind tur-

bines, but also explicitly or implicitly (through height, setback, and other

requirements) prohibit them in some neighborhoods (see Height and Set-

backs for Wind and Solar brief for an ordinance removing a nd altering

these restrictions).2 Local governments may enact ordinances to permit solar

energy systems and/or wind turbines by-right in some zoning dist ricts. Doing

so eliminates zoning barriers and increases eciency of installation.3 When

considering these ordinances, loca l governments should address use restric-

tions, which districts should al low solar energy systems and wind turbines

by-right, height and set back requirements, design, quantity, minimum and

maximum energy output of insta llations, landscaping requirements, permit-

ting, and other concerns specic to the district. For purposes of permitting,

local governments may consider permitting insta llations by-right or upon

conditional permit approvals or some other mechanism for review, making it

clear that the insta llations are permitted upon approval.

At the state level, California’s legislature has stated that any type of cov-

enant or zoning restriction that prohibits solar energy systems are void and

unenforceable.4 Although the statute still allows for zoning restrictions, the

CA Civil Code outlines that the restrictions cannot result in the addition of

$1,000 or more to the cost of solar installation nor can the restrictions lim it

the eciency of the system by 10% or more.5 Florida’s legislature passed

similar legislation in 2008, expressly prohibiting ordinances which prohibit

solar col lectors.6 e statute further states t hat there can be no prohibition on

solar collectors in the form of covenants, deeds, or other simila r agreements.7

e statute allows the HOA or other home owner entity to determine where

the collec tors may be placed.8