Residential Solar Rights (New Jersey)

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Last modified on February 12, 2015.

Rules Regulations Policies Program

Place New Jersey

Name Residential Solar Rights
Incentive Type Solar/Wind Access Policy
Applicable Sector Residential
Eligible Technologies Photovoltaics, Solar Space Heat, Solar Water Heat
Active Incentive Yes

Implementing Sector State/Territory
Energy Category Renewable Energy Incentive Programs














































Date added to DSIRE 2007-09-20
Last DSIRE Review 2012-09-06
Last Substantive Modification
to Summary by DSIRE
2010-01-22


References DSIRE[1]


Summary

In 2007, New Jersey enacted legislation preventing homeowners associations from prohibiting the installation of solar collectors on certain types of residential properties. The term "solar collector" is not defined, but would seem to include both solar photovoltaic and solar thermal technologies which use collectors installed on the roof of a dwelling. This law covers only dwellings that are not deemed community property of the association, including townhouses which have at least two sides that are unattached to any other building and for which the owner, rather than the association, is responsible for roof maintenance. In addition, the law applies specifically to systems installed on the roofs of qualifying dwellings. Presumably this means that it does not extend the same protections to ground mounted systems. A homeowners association is permitted to regulate certain aspects of solar collectors, including the qualifications of installation personnel, collector location, concealment and size. However, any regulation that would increase the collectors' installation and maintenance cost by greater than 10%, or would prevent the system from operating at maximum efficiency, may not be enforced.



      
     
     

Authorities (Please contact the if there are any file problems.)

Authority 1: N.J. Stat. § 45:22A-48.2
Date Effective 2007-08-21
Date Enacted 2007-08-21


















  • Incentive and policy data are reviewed and approved by the N.C. Solar Center's DSIRE project staff.[1]

References

  1. 1.0 1.1  "Database of State Incentives for Renewables and Efficiency (DSIRE)"