Solar Access Legislation

Sun-right laws are in no way new. They were used in Roman times to ensure unobstructed access to the low winter sun. The Greeks as well planned cities with access to light in mind.

Access to unobstructed sunlight is a major concern for the viability of solar projects, whether that be solar photovoltaic, solar thermal, or passive solar design because they need this unobstructed light to function, the more direct, the more efficient. This access includes zoning laws and right to light legislation, in all cases, such legislation guarantees access to this solar resource.

In many cases renewable energy projects can be encouraged in policies but inhibited at the local level through out of date planning policies, old zoning laws, lack of priority of RE over other building or land uses, and lack of a right to sunlight (guaranteed access to light). Solar ordinances can be adopted by local governments to guarantee access to sunlight.

For information regarding solar access legislation, in addition to other solar related policies, see the website for the States Advancing Solar Group, an initiative of clean energy group: www.statesadvancingsolar.org

This report from the Solar America Board for Codes and Standards, is an excellent resource for understanding the legal issues in solar access (right to light) and solar rights (the right to install solar energy equipment). 

City Examples

Toronto, Canada: In 2008, the City of Toronto took passed an overarching bylaw that superseded 17 different bylaws. These bylaws had been preventing homeowners and businesses from installing solar panels on their rooftops, and other renewable energy devices on their properties. The new bylaw gives precedence to the installation of renewable energy devices, including rooftop solar systems, wind energy devices, geothermal systems, and cogeneration units. This was a much easier way to solve the problem then to change each bylaw that was impacting a citizen's rights to install renewable energy equipment on their properties. See the bylaw proposal here, and this document explains how the new zoning bylaw affects renewable energy devices within the city and provides details on zone regulations that are technology specific.