Solar & Battery Regulation & Incentive Programs

Solar Easements & Rights Laws

Program Overview


Category:
Regulatory Policy
Program Type:
Solar/Wind Access Policy
Implementing Sector:
State
State:
Massachusetts
Eligible Storage Technologies:
Solar - Passive, Solar Water Heat, Solar Space Heat, Solar Thermal Electric, Solar Thermal Process Heat, Solar Photovoltaics
Applicable Sectors:
Commercial, Industrial, Local Government, Nonprofit, Residential, Schools, State Government, Federal Government
Last Updated:
06/01/2020

Summary

Solar access provisions in Massachusetts allow for the creation of voluntary solar easements to protect solar exposure and authorizes zoning rules that prohibit unreasonable restrictions on solar access. Similar to solar easement provisions in many other states, solar easements in Massachusetts allow for the voluntary creation of solar access contracts, but do not make solar access an automatic right. In addition, the statutes allow for communities to authorize zoning boards to issue permits creating solar rights.

Massachusetts also prohibits restrictions on solar devices, voiding "any provision in an instrument relative to the ownership or use of real property which purports to forbid or unreasonably restrict the installation or use of a solar energy system ... or the building of structures that facilitate the collection of solar energy."

Furthermore, Massachusetts zoning laws prohibit local governments from enacting rules that prohibit or "unreasonably regulate" solar energy systems.