New Hampshire - Solar Access Laws

May 26, 2023


New Hampshire State laws give municipalities broad jurisdiction over solar access regulation. Regulation is directionally intended to encourage the use of renewable energy sources and systems. The state itself creates the forms to declare solar easements. Several state statutes relate to this matter, including:

Section 477:50 - Creates solar skyspace easements and defines agreements; states that a solar skyspace easement shall not terminate within 10 years after its creation unless expressly stated in the instrument or is otherwise negotiated by the owners of the benefited and burdened land. 

Section 477:51 - Creates the statutory form of solar skyspace easement with 2 alternative forms.

Section 672.1 - Declares that Planning, zoning, and related regulations are the responsibility of municipal government and that proper regulations encourage the use of solar energy, and other renewable forms of energy, among other things.

Section 674:17:j - Declares the purpose of zoning ordinances as they related to solar and other renewable energy systems.

Section 674:36:k - Allows planning boards to adopt various subdivision regulations to encourage solar and other renewable energy systems installations.

Section 674:2:3:n - Enables municipalities to include an energy section in their master plans that, among other issues, includes a policy statement on energy conservation.

Program Overview

Implementing Sector: State
Category: Regulatory Policy
State: New Hampshire
Incentive Type: Solar/Wind Access Policy
Web Site:
Start Date:
Eligible Renewable/Other Technologies:
  • Solar - Passive
  • Solar Water Heat
  • Solar Photovoltaics
  • Wind (All)
  • Yes; specific technologies not identified
  • Wind (Small)


Name: New Hampshire Statutes §477:50 , §477:51
Date Enacted: 07/11/2008
Effective Date: 07/11/2008
Name: New Hampshire Statutes §672.1
Name: New Hampshire Statutes §674:2:3, §674:17 , §674:36

This information is sourced from DSIRE; the most comprehensive source of information on incentives and policies that support renewables and energy efficiency in the United States. Established in 1995, DSIRE is operated by the N.C. Clean Energy Technology Center at N.C. State University.