No, although lacking access laws can allow Homeowner Associations (HOAs) and other organizations to deny installations, solar panels are legal everywhere in the United States. With that being said, unpermitted systems are illegal to operate in many American jurisdictions, even in states with solar access laws.
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Technically, no state outlaws or bans solar panels; quite the opposite. Most states have solar access laws that forbid any agreement, covenant, condition, bylaw, or contract that outlaws or limits solar installations by Homeowners Associations (HOA) or other municipal bodies.
With that being said, unpermitted systems are illegal to operate in many American jurisdictions, even in states with solar access laws. What is the difference between solar access laws and solar easement laws?
First, by making it illegal for any property to be bought and sold if the agreement prohibits the installation or use of any solar energy device. This law was enacted in 1979 and remains enforced today. Another notable law is to remove any rights of HOAs to prohibit the installation of solar energy devices.
In fact, the government has been supporting solar panels by providing support and financial incentives. Certain homeowners associations (HOAs) prohibit solar panel installations, but these are generally illegal and unenforceable. Generally, you may assume that solar panel installations are acceptable, even encouraged by the government.
However, some states still make installing solar panels functionally impossible by creating laws with “reasonable restrictions,” such as increased taxing, energy caps, or even billing solar panel users. Combine these laws with a lack of incentive programs, and solar panels are not viable for homeowners in many states.
Taking several forms since the policy was originally enacted in 2008, Virginia Law § 55.1-1820.1 states that “no association shall prohibit an owner from installing a solar energy collection device on that owner's property unless the recorded declaration for the association establishes such a prohibition.“
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