Solar Easements & Local Option Solar Rights Laws (New York)
This is the approved revision of this page, as well as being the most recent.
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||Agricultural, 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|
|Energy Category||Renewable Energy Incentive Programs|
|Date added to DSIRE||2000-01-01|
|Last DSIRE Review||2012-10-16|
| Last Substantive Modification
to Summary by DSIRE
New York's real property laws allow for the creation of solar easements. Like those in many other states, these are voluntary contracts which must be entered into in order to ensure uninterrupted solar access for solar energy devices. Solar easement agreements are required at a minimum to contain information describing the easement location and orientation to real property subject to the easement, provisions for termination, and provisions for compensation in the event that interference occurs.
New York General City, Town, and Village codes allow also local zoning districts to make regulations regarding solar access that provide for "the accommodation of solar energy systems and equipment and access to sunlight necessary therefor...". The stated intent of the authorizing legislation enacted in 1979 recognizes "access to solar energy as a valid public purpose within the zoning authority of local governments...".
Authorities (Please contact the if there are any file problems.)
|Authority 1:||NY CLS Real Property § 335-b|
|Authority 2:||NY CLS General City § 20 (24)|
|Authority 3:||NY CLS Town § 263|
|Authority 4:||NY CLS Vill § 7-704|
- Incentive and policy data are reviewed and approved by the N.C. Solar Center's DSIRE project staff.