Solar and Wind Rights

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Last modified on February 12, 2015.

Rules Regulations Policies Program

Place Illinois

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

Implementing Sector State/Territory
Energy Category Renewable Energy Incentive Programs














































Date added to DSIRE 2010-08-18
Last DSIRE Review 2013-06-20
Last Substantive Modification
to Summary by DSIRE
2011-07-25


References DSIRE[1]


Summary

Illinois law prohibits homeowners' associations, common interest community associations and condominium unit owners' associations from preventing homeowners from using or installing solar energy systems. These associations may not deny homeowners permission to install solar energy systems, but they may specify the location of the solar energy system, as long as such specifications do not "impair the effective operation" of the system. In July 2011, the legislature enacted a bill (Public Act 97-0105) which added a provision for wind energy. A homeowners's association or similar entity may restrict wind energy devices altogether.

The law stipulates that associations must adopt an energy policy statement specifying details such as location, design, and architectural requirements of the solar energy systems within 120 days of receiving a request for a policy statement or receiving an application from a homeowner. The statement must also include a statement of whether or not wind energy collections are allowed, and, if so, the architectural requirements. If the association adopts an energy policy in which approval is required for the solar energy systems, upon receiving a request from the homeowner, the association has 90 days to approve or deny it. This policy applies to homes that are 30 feet or less in height.



      
     
     

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

Authority 1: § 765 ILCS 165
Date Effective 2011-01-01



















  • 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)"