Colorado Solar/Wind Easements and Rights Law

Program Overview

Implementing Sector	State
Category	Regulatory Policy
State	Colorado
Incentive Type	Solar/Wind Access Policy
Eligible Renewable/Other Technologies	Solar - Passive, Solar Water Heat, Solar Space Heat, Solar Photovoltaics, Wind (All), Wind (Small)
Eligible Efficiency Technologies	Lighting, Other EE
Applicable Sectors	Residential

Summary

Colorado’s solar access laws, which date back to 1979, render void any covenants, restrictions, or conditions that prohibit “renewable energy generation devices” or “energy efficiency measures”. Renewable energy generation devices include solar energy devices and wind-electric generators that meet the state’s interconnection standards. Energy efficiency measures include awnings, attic fans, energy efficient lighting, and clotheslines, among other technologies. Some exceptions are made for both renewable energy devices and energy efficiency measures for safety requirements and aesthetic purposes that do not significantly increase the cost of the device or decrease its performance.

Colorado also allows property owners to agree voluntarily to solar and wind easements with their neighbors for the purpose of protecting and maintaining proper access to sunlight and wind. The statute provides details about the process for filing an easement, and includes provisions regarding the reversion of easements.

Authorities

Name	CRS § 38-30-168
Date Enacted	1979
Effective Date	05/26/1979 (Subsequently amended)
Name	CRS § 38-32.5-100.3, et seq.
Name	CRS § 38-30.7-101, et seq.
Date Enacted	05/29/2012
Effective Date	05/29/2012
Name	CRS § 38-33.3-106.7
Effective Date	08/05/2008

Contact

Public Information

Organization:

Governor’s Energy Office

Address:

1600 Broadway
Denver, CO 80202

Phone:

(303) 866-2100

E-Mail:

Coloradoenergyoffice@state.co.us