New Hampshire – Solar Access Laws

New Hampshire State laws give municipalities broad jurisdiction over solar access regulation. Regulation is directionally intended to encourage the use of renewable energy sources and systems. The state itself creates the forms to declare solar easements. Several state statutes relate to this matter, including:

Section 477:50 – Creates solar skyspace easements and defines agreements; states that a solar skyspace easement shall not terminate within 10 years after its creation unless expressly stated in the instrument or is otherwise negotiated by the owners of the benefited and burdened land. 

Section 477:51 – Creates the statutory form of solar skyspace easement with 2 alternative forms.

Section 672.1 – Declares that Planning, zoning, and related regulations are the responsibility of municipal government and that proper regulations encourage the use of solar energy, and other renewable forms of energy, among other things.

Section 674:17:j – Declares the purpose of zoning ordinances as they related to solar and other renewable energy systems.

Section 674:36:k – Allows planning boards to adopt various subdivision regulations to encourage solar and other renewable energy systems installations.

Section 674:2:3:n – Enables municipalities to include an energy section in their master plans that, among other issues, includes a policy statement on energy conservation.