Solar Easements & Rights Laws

In 2019, Idaho passed HB 158, which provides that a homeowner’s association may not limit or prohibit installation of solar panels or collectors on any property rooftop or structure within its jurisdiction. Homeowners associations may, however, enforce reasonable rules regarding the appearance of the panels. The provisions only apply to rooftops that are owned, controlled, and maintained by the homeowner.

Idaho law also allows for solar easements. Similar to laws in other states, Idaho's solar easement provision 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 sunlight to a solar-energy system. The easement is transferred with the property title.