Protecting solar access: preventing a potential problem

Journal Article · · Golden Gate Univ. Law Rev.; (United States)

OSTI ID:5381138

Wagman, R M

Considerations in the protection of solar access with the development and increasing use of solar energy systems are reviewed. Several possible solutions available to the private and public sector for the protection of solar access are discussed. Private protective techniques involve easements, including those by express grant, implied easements and prescriptive easements, laws similar to the common law Doctrine of Ancient Lights, restrictive convenants, and nuisance laws. Public protection of access to sunlight is primarily through zoning and land use restrictions. The city of Santa Clara, CA has adopted solar zoning that bases protection of solar access on easement theory. In undeveloped or in highly developed, high density areas, incentive zoning may be necessary to protect solar access. Solar zoning in an urban center may incorporate the concept of Development Rights Transfer which permits the transfer of remaining development rights of undeveloped land to areas developed to the full extent of the zoning laws. In addition to the need for solar access protection, adequate consumer protection standards for solar energy equipment, licensing of technicians, installation financing, and regulation of the relationship between solar energy and competing energy sources are considered necessary.

• OSTI ID: 5381138
• Journal Information: Golden Gate Univ. Law Rev.; (United States), Journal Name: Golden Gate Univ. Law Rev.; (United States) Vol. 7:3
• Country of Publication: United States
• Language: English

Related Subjects

14 SOLAR ENERGY
140400* -- Solar Energy-- Environmental Aspects
CONSUMER PROTECTION
LAND USE
LAWS
LEGAL ASPECTS
SOLAR RIGHTS
URBAN AREAS