Solar & Battery Regulation & Incentive Programs

Solar, Wind, and Energy Efficiency Easements and Rights Laws

Program Overview


Category:
Regulatory Policy
Program Type:
Solar/Wind Access Policy
Implementing Sector:
State
State:
Colorado
Eligible Storage Technologies:
Solar - Passive, Solar Water Heat, Solar Space Heat, Solar Photovoltaics, Wind (All), Lighting, Other EE, Wind (Small)
Applicable Sectors:
Residential
Last Updated:
06/01/2020

Summary

Colorado's solar access laws, which date back to 1979, render void any covenants, restrictions, or conditions that prohibit “renewable energy generation devices” or “energy efficiency measures”. Renewable energy generation devices include solar energy devices and wind-electric generators that meet the state’s interconnection standards. Energy efficiency measures include awnings, attic fans, energy efficient lighting, and clotheslines, among other technologies. Some exceptions are made for both renewable energy devices and energy efficiency measures for safety requirements and aesthetic purposes that do not significantly increase the cost of the device or decrease its performance. 

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



Authorities

NameEnacted DateEffective DateExpired Date
CRS § 38-30-168197905/26/1979 (Subsequently amended)
CRS § 38-32.5-100.3, et seq.
CRS § 38-30.7-101, et seq.05/29/201205/29/2012
CRS § 38-33.3-106.708/05/2008