Kentucky Solar Easements Laws

Program Overview

Implementing Sector State
Category Regulatory Policy
State Kentucky
Incentive Type Solar/Wind Access Policy
Eligible Renewable/Other Technologies Solar - Passive, Solar Water Heat, Solar Space Heat, Solar Thermal Process Heat, Solar Photovoltaics, Daylighting, Solar Pool Heating
Applicable Sectors Commercial, Industrial, Local Government, Nonprofit, Residential, Schools, State Government, Federal Government

Summary

In Kentucky, a unique framework has been established to support and encourage the use of solar energy through solar easements. These easements are specifically designed to secure unobstructed access to direct sunlight, which is crucial for the efficient operation of solar energy systems. To be legally binding and enforceable, these easements must be explicitly articulated in written agreements. Once established, a solar easement creates a lasting interest in the property involved, akin to a right-of-way, ensuring that solar panels or other solar energy-generating installations have consistent access to sunlight without being blocked by future developments or natural growth. This right becomes an integral part of the real property’s title, meaning it can be bought, sold, or transferred along with the property. This legal mechanism not only facilitates the adoption of solar energy by protecting investments in solar technology but also promotes sustainable energy practices by ensuring that solar energy systems can operate efficiently over their lifespan.

Authorities

Name KRS ยง 381.200
Date Enacted 1982
Effective Date 7/15/82

Contact

Organization:
Department for Energy Development and Indepen
Address:
12th Floor Capital Plaza Tower
Frankfort, KY 40601
Phone:
(502) 564-7192