Renewable Energy Rights

Last updated: August 28, 2018

Program Overview

Implementing Sector:State
Category:Regulatory Policy
State:Vermont
Incentive Type:Solar/Wind Access Policy
Eligible Renewable/Other Technologies:Solar - Passive, Solar Water Heat, Solar Space Heat, Solar Photovoltaics, Wind (All), Wind (Small)

Authorities

Name:27 V.S.A. § 544
Date Enacted:05/27/2009
Effective Date:05/27/2009
Name:24 V.S.A. § 2291a
Date Enacted:05/27/2009
Effective Date:05/27/2009
Name:24 V.S.A. § 4413 (g)
Date Enacted:05/27/2009
Effective Date:05/27/2009

Summary

Vermont law forbids ordinances, bylaws, deed restrictions, covenants, declarations, or similar binding agreements from prohibiting (or having the effect of prohibiting) the use of solar collectors, clotheslines, or "other energy devices based on renewable resources." 

A homeowner may be subject to certain restrictions regarding the location of the solar collectors on the roof (orientation to the south or within 45 degrees east or west of due south) as long as those restrictions do not impact the effectiveness of the solar collectors. However, municipal bylaws may not, to any extent, regulate the installation, operation, and maintenance of a solar water heating, solar space heating, or solar photovoltaic (PV) device on a flat roof (i.e., a roof with a slope of less than or equal to 5 degrees).

The renewable energy access law does not apply to patio railings in condominiums, cooperatives, or apartments.

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