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Solar Easements & Local Option Solar Rights Laws

Eligibility 
Commercial
Industrial
Local Government
Nonprofit
Residential
Schools
State Government
Federal Government
Agricultural
Institutional
Savings Category 
Solar - Passive
Solar Water Heat
Solar Space Heat
Solar Thermal Electric
Solar Thermal Process Heat
Solar Photovoltaics
Program Info
Sector Name 
State
State 
New York
Program Type 
Solar/Wind Access Policy
Summary 
New York's real property laws allow for the creation of solar easements. Like those in many other states, these are voluntary contracts which must be entered into in order to ensure uninterrupted solar access for solar energy devices. Solar easement agreements are required at a minimum to contain information describing the easement location and orientation to real property subject to the easement, provisions for termination, and provisions for compensation in the event that interference occurs.

The New York General City, Town, and Village codes also allow local zoning districts to make regulations regarding solar access that provide for "the accommodation of solar energy systems and equipment and access to sunlight necessary therefor...". The stated intent of the authorizing legislation enacted in 1979 recognizes "access to solar energy as a valid public purpose within the zoning authority of local governments...".