Solar Easements & Rights Laws

Last updated: August 28, 2018

Program Overview

Implementing Sector:State
Category:Regulatory Policy
State:Indiana
Incentive Type:Solar/Wind Access Policy
Web Site:http://www.in.gov/oed/2412.htm
Eligible Renewable/Other Technologies:Solar - Passive, Solar Water Heat, Solar Space Heat, Solar Thermal Electric, Solar Thermal Process Heat, Solar Photovoltaics

Authorities

Name:Ind. Code § 32-23-4-1 et seq.
Date Enacted:01/01/1980
Name:Ind. Code § 36-7-2-1 et seq.
Date Enacted:03/21/2002
Effective Date:07/01/2002

Summary

Indiana state law includes both covenant restrictions and solar easement provisions. The state's covenant restrictions prevent planning and zoning authorities from prohibiting or unreasonably restricting the use of solar energy. Indiana's solar easement provisions are similar to those in many other states. Although they do not create an automatic right to sunlight they allow parties to voluntarily enter into solar easement contracts which are enforceable by law. Passive solar structures are explicitly included in the type of solar-collection equipment that may be protected by solar easements.

View the program website for more information.

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