Solar Easements & Rights Laws

December 20, 2023

Summary

Washington's solar easement laws are similar to those in many other states. The law does not create an automatic right to sunlight. Rather, the law allows parties to enter into solar easement contracts voluntarily for the purpose of ensuring adequate exposure of a solar-energy system.

In April 2009, Washington enacted S.B. 5136, restricting homeowner's associations from prohibiting the installation of solar energy panels. A homeowner's association may issue guidelines related to visibility and aesthetic aspects of solar panel placement, but it may not prohibit a resident or owner from installing solar panels, provided that the solar panels meet certain criteria. Solar panels must meet local and state health and safety requirements. Solar water-heating systems must be SRCC certified (or certified by an equivalent national organization). Solar-electric systems must meet NEC, IEEE, and UL or other testing laboratory safety and performance standards.

Program Overview

Implementing Sector: State
Category: Regulatory Policy
State: Washington
Incentive Type: Solar/Wind Access Policy
Web Site:
Administrator:
Start Date:
Eligible Renewable/Other Technologies:
  • Solar - Passive
  • Solar Water Heat
  • Solar Space Heat
  • Solar Thermal Electric
  • Solar Thermal Process Heat
  • Solar Photovoltaics

Authorities

Name: RCW 64.04.140
Date Enacted: 1979
Effective Date: 1979
Name: RCW 64.38.055
Effective Date: 7/26/2009

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.