Solar Easements (New Jersey)

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Last modified on February 12, 2015.

Rules Regulations Policies Program

Place New Jersey

Name Solar Easements
Incentive Type Solar/Wind Access Policy
Applicable Sector Commercial, Fed. Government, Industrial, Institutional, 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
Active Incentive Yes

Implementing Sector State/Territory
Energy Category Renewable Energy Incentive Programs

Date added to DSIRE 2000-01-01
Last DSIRE Review 2012-10-11
Last Substantive Modification
to Summary by DSIRE

References DSIRE[1]


New Jersey law provides for the creation of solar easements to ensure that proper sunlight is available to those who operate solar-energy systems. The term "solar energy device" is not defined by the law, and thus could conceivably include all manner of systems or equipment that utilize solar energy. The law also establishes requirements for certain types of information that must be included in the easement agreement, listed as follows:
  • The vertical and horizontal angles, expressed in degrees, at which the solar easement extends over the real property subject to the solar easement.
  • Any terms or conditions or both under which the solar easement is granted or will be terminated.
  • Any provisions for compensation of the owner of the property benefiting from the solar easement in the event of interference with the enjoyment of the solar easement or compensation of the owner of the property subject to the solar easement for maintaining the solar easement.

These are minimum requirements, so additional points of agreement may be added at the discretion of those involved.


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

Authority 1: N.J. Stat. § 46:3-24 et seq.
Date Effective 1978

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


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