Solar Rights (Virginia)

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Last modified on February 12, 2015.

Rules Regulations Policies Program

Place Virginia

Name Solar Rights
Incentive Type Solar/Wind Access Policy
Applicable Sector Low-Income Residential, Multi-Family Residential, Residential
Eligible Technologies Passive Solar Space Heat, Photovoltaics, Solar Pool Heating, Solar Water Heat
Active Incentive Yes

Implementing Sector State/Territory
Energy Category Renewable Energy Incentive Programs














































Date added to DSIRE 2008-05-28
Last DSIRE Review 2013-06-06
Last Substantive Modification
to Summary by DSIRE
2013-06-06


References DSIRE[1]


Summary

According to state law, effective July 1, 2008, community associations in Virginia generally may not prohibit a homeowner from installing or using a solar energy collection device on their property. A community association may, however, establish reasonable restrictions concerning the size, place, manner of placement of individual solar devices or restrict the installation of solar devices on common areas within the development served by the community association. This law does not affect covenants that were in effect prior to July 1, 2008.

In the context of this law, a solar energy device is a system "manufactured and sold for the sole purpose of facilitating the collection and beneficial use of solar energy, including passive heating panels or building components and solar photovoltaic apparatus."

In 2013, HB 2305 was passed and requires the resale certificate required under the Virginia Condominium Act and the disclosure packet under the Virginia Property Owners' Association Act to contain a statement setting forth any restriction, limitation, or prohibition on the right of an owner to install or use solar energy collection devices on his property. In addition, the bill adds to the seller's representation to a prospective purchaser of residential property under the Virginia Residential Property Disclosure Act that the seller makes no representations with respect to right to install or use solar energy collection devices on the property.


Incentive Contact

Contact Name Ken Jurman
Department Virginia Department of Mines, Minerals, and Energy
Division Virginia Division of Energy
Address Washington Building
Address 2 1100 Bank Street, 8th floor
Place Richmond, Virginia
Zip/Postal Code 23219-3638
Phone (804) 692-3222


Email ken.jurman@dmme.virginia.gov
Website http://www.dmme.virginia.gov
     
     

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

Authority 1: Va. Code § 67-700 et seq.
Date Effective 7/1/2008 (subsequently amended)



Authority 2: Virginia H.B. 2305

Date Enacted 2013-03-14

















  • 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)"