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Solar, Wind, and Energy Efficiency Easements and Rights Laws

Last Review: 2013-07-30
Incentive Type: Solar/Wind Access Policy
Eligible Efficiency Technologies: Lighting, Passive Solar Space Heat, Solar Water Heat, Solar Space Heat, Photovoltaics, Wind
Applicable Sectors: Residential

Colorado's solar access laws, which date back to 1979, prohibit any residential covenants that restrict solar access. HB 1270 of 2008 extended the law to protect installations of wind turbines that meet the state's interconnection standards, and certain energy-efficiency measures including awnings, shutters and other shade structures, garage fans, energy-efficient outdoor lighting, retractable clotheslines, and evaporative coolers. Some exceptions are made to allow for aesthetic requirements that do not significantly increase the cost of the device or decrease its performance. HB 1270 further protects owners of solar or wind-energy systems by awarding reasonable attorney fees to the prevailing party in any court case involving the significant increase in the system's cost based on aesthetic requirements.

Colorado also allows property owners to agree voluntarily to solar easements with their neighbors for the purpose of protecting and maintaining proper access to sunlight. HB 1105, signed in 2012, also provides for wind easements on property. The legislation provides details about the process for filing an easement, and includes provisions regarding the reversion of easements. 

Public Information
Colorado Energy Office
1580 Logan Street
Suite 100
Denver, CO 80203
Phone:(303) 866-2100 Ext.
Phone 2:(800) 632-6662
Email: geo@state.co.us
Web site: http://www.colorado.gov/energy


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