U.S. Virgin Islands - Solar and Wind Easements & Rights Laws

Summary

In the U.S. Virgin Islands, the owner of a solar or wind-energy system is permitted to negotiate for assurance of continued access to the system’s energy source. "Solar or wind-energy system" is defined as "any system that converts, stores, collects, protects or distributes the kinetic energy of the sun or wind into mechanical, chemical or electrical energy to provide power generation for the heating of water, the heating and cooling of buildings or other structures, and other similar purposes."

Furthermore, any covenant, condition or restriction contained in any deed, contract, mortgage, security instrument or other instrument pertaining to a conveyance, sale or transfer of real property or interest may not prohibit or unreasonably limit the installation or use of a solar or wind-energy system. A covenant, condition or restriction is considered "unreasonable" if it significantly increases the cost and expense of the solar or wind-energy system to its owner or user, or significantly decreases its efficiency, or otherwise effectively discourages the installation or use of a system.

The height of small wind turbines are determined by regulations for small wind energy system and the height of utility scale wind turbines are restricted on to the extent that they are regulated by the Federal Aviation Administration (FAA).

In the construction of new developments or substantially modified developments after the effective date of this subchapter, the developer shall use energy-efficient solar systems or heat pump water heaters for providing not less than 70% of water heating, unless the Commissioner of the Department determines that the use of such a system is not cost-effective or interferes or conflicts with the use of the building.