Implementing Sector | State |
Category | Regulatory Policy |
State | Ohio |
Incentive Type | Solar/Wind Access Policy |
Start Date | 08/14/1979 |
Eligible Renewable/Other Technologies | Solar - Passive, Solar Water Heat, Solar Space Heat, Solar Photovoltaics |
Applicable Sectors | Commercial, Industrial, Local Government, Nonprofit, Residential, Schools, State Government, Federal Government |
Ohio’s solar-easement provisions are similar to those in effect in other states. Ohio law allows property owners to create binding solar easements for the purpose of protecting and maintaining proper access to sunlight. Easements must be executed in writing and are subject to the same conveyance and recording requirements as other easements.
A solar access easement agreement shall include:
In June 2022, Ohio adopted S.B. 61, creating restrictions on homeowners’ associations’ ability to prohibit installation of solar panels. Unlike some other state bills of this type, Ohio’s bill still allows homeowners’ associations to prohibit solar panels, but requires that such a prohibition be adopted through an HOA declaration, not merely a board decision. Changes to an HOA declaration require a 75% vote of homeowners. HOA boards are still allowed to place reasonable restrictions on the size, place, and manner of solar panel placement.
Name | ORC § 5301.63 |
Date Enacted | 08/14/1979 |
Effective Date | 08/14/1979 |
Name | S.B. 61 |
Date Enacted | 06/14/2022 |
Effective Date | 09/13/2022 |