Solar Easements & Rights Laws

Program Overview

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

Summary

Washington’s solar easement laws, which are in line with those in many other states, do not automatically grant a right to sunlight. Instead, they permit the creation of voluntary solar easement contracts to ensure sufficient solar energy system exposure.

In 2009, Washington passed S.B. 5136, limiting the power of homeowner’s associations to ban solar panel installations. While associations can set guidelines for solar panel appearance and location, they cannot forbid their installation if certain criteria are met. These criteria include adherence to local and state health and safety standards, SRCC certification (or equivalent) for solar water-heating systems, and compliance with NEC, IEEE, and UL or other recognized safety and performance standards for solar-electric systems.

Authorities

Name RCW 64.04.140
Date Enacted 1979
Effective Date 1979
Name RCW 64.38.055
Effective Date 7/26/2009