Ohio Solar Easement and Access Laws

September 22, 2023

Summary

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:

1. A description of the real property burdened and and benefited by the easement
2. A description of the limits in heights, locations, or both, of permissible development on the burdened land in terms of structures, vegetation, or both, for the purpose of providing solar access for the benefited land
3. Any terms or conditions under which the solar access easement is granted or may be terminated
4. A term stating that the solar access easement runs with the land, unless terminated in accordance with the terms of the easement regarding termination, or unless otherwise agreed by the parties
5. Any other provisions necessary or desirable to execute the instrument.

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.