Solar Easements & Local Option Solar Rights Laws (Utah)
Last modified on February 12, 2015.
Rules Regulations Policies Program
|Name||Solar Easements and Local Option Solar Rights Laws|
|Incentive Type||Solar/Wind Access Policy|
|Applicable Sector||Commercial, Fed. Government, Industrial, Local Government, Nonprofit, Residential, Schools, State Government|
|Eligible Technologies||Passive Solar Space Heat, Photovoltaics, Solar Space Heat, Solar Thermal Electric, Solar Thermal Process Heat, Solar Water Heat|
|Energy Category|| Renewable Energy Incentive Programs
|Date added to DSIRE||2000-01-01|
|Last DSIRE Review|| 2012-11-05
Utah's solar easement provisions are similar to easement provisions in many other states. Parties may voluntarily enter into written solar easement contracts that are enforceable by law. An easement must be created in writing and filed, duly recorded and indexed in the office of the recorder of the county in which the easement is granted. A solar easement, once created, runs with the land and does not terminate unless specified by conditions of the easement.
State law also stipulates that local zoning authorities may adopt regulations that mandate solar access and specifically grants governing bodies the right to refuse any plat or subdivision plan if deed restrictions, covenants or other agreements running with the land prohibit or have the effect of prohibiting reasonably sited and designed solar collectors or other renewable resource devices including clothes lines.
|Contact Name||Public Information - UT Att.Gen.|
|Department||Utah Attorney General's Office|
|Division||Natural Resources Division|
|Place||Salt Lake City, Utah|
|Phone|| (801) 538-9600
Authorities (Please contact the if there are any file problems.)
|Authority 1:||Utah Code 57-13|
|Date Enacted|| 1979-01-01
|Authority 2:|| Utah Code 10-9a-610
- Incentive and policy data are reviewed and approved by the N.C. Solar Center's DSIRE project staff.