Vermont Solar Rights Laws

Program Overview

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

Summary

Vermont law forbids ordinances, bylaws, deed restrictions, covenants, declarations, or similar binding agreements from prohibiting (or having the effect of prohibiting) the use of solar collectors, clotheslines, or “other energy devices based on renewable resources.” 

A homeowner may be subject to certain restrictions regarding the location of the solar collectors on the roof (orientation to the south or within 45 degrees east or west of due south) as long as those restrictions do not impact the effectiveness of the solar collectors. However, municipal bylaws may not, to any extent, regulate the installation, operation, and maintenance of a solar water heating, solar space heating, or solar photovoltaic (PV) device on a flat roof (i.e., a roof with a slope of less than or equal to 5 degrees).

The renewable energy access law does not apply to patio railings in condominiums, cooperatives, or apartments.

Authorities

Name 27 V.S.A. § 544
Date Enacted 05/27/2009
Effective Date 05/27/2009
Name 24 V.S.A. § 2291a
Date Enacted 05/27/2009
Effective Date 05/27/2009
Name 24 V.S.A. § 4413 (g)
Date Enacted 05/27/2009
Effective Date 05/27/2009

Contact

Organization:
Vermont Public Service Department
Address:
112 State Street, Third Floor
Montpelier, VT 05620-2601
Phone:
(802) 828-2811