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Solar, Wind, and Energy Efficiency Easements and Rights Laws

Eligibility 
Residential
Savings Category 
Lighting
Photovoltaics
Solar Water Heat
Program Info
State 
Colorado
Program Type 
Solar/Wind Access Policy
Provider 
Colorado Energy Office

Colorado's solar access laws, which date back to 1979, prohibit any residential covenants that restrict solar access. [http://www.leg.state.co.us/CLICS/CLICS2008A/csl.nsf/fsbillcont3/3F45E0C8... HB 1270] of 2008 extended the law to protect installations of wind turbines that meet the state's interconnection standards, and certain energy-efficiency measures including awnings, shutters and other shade structures, garage fans, energy-efficient outdoor lighting, retractable clotheslines, and evaporative coolers. Some exceptions are made to allow for aesthetic requirements that do not significantly increase the cost of the device or decrease its performance. HB 1270 further protects owners of solar or wind-energy systems by awarding reasonable attorney fees to the prevailing party in any court case involving the significant increase in the system's cost based on aesthetic requirements.

Colorado also allows property owners to agree voluntarily to solar easements with their neighbors for the purpose of protecting and maintaining proper access to sunlight. [http://www.leg.state.co.us/CLICS/CLICS2012A/csl.nsf/fsbillcont3/DD27838C... HB 1105], signed in 2012, also provides for wind easements on property. The legislation provides details about the process for filing an easement, and includes provisions regarding the reversion of easements.