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Solar Easements & Rights Laws

Eligibility 
Commercial
Industrial
Local Government
Nonprofit
Residential
Schools
State Government
Federal Government
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 
Massachusetts
Program Type 
Solar/Wind Access Policy
Summary 
Solar access provisions in the General Laws of Massachusetts allow for the creation of voluntary solar easements to protect solar exposure and authorizes zoning rules that prohibit unreasonable infringements on solar access. Similar to solar easement provisions in many other states, Massachusetts solar easements allow for the voluntary creation of solar access contracts, but do not make solar access an automatic right. In addition, the statutes allow for communities to authorize zoning boards to issue permits creating solar rights.

Massachusetts also prohibits restrictions on solar devices, voiding "any provision in an instrument relative to the ownership or use of real property which purports to forbid or unreasonably restrict the installation or use of a solar energy system ... or the building of structures that facilitate the collection of solar energy."

Furthermore, Massachusetts zoning laws prohibit local governments from enacting local laws that prohibit or "unreasonably regulate" solar energy systems.