Solar & Battery Regulation & Incentive Programs

U.S. Virgin Islands - Solar and Wind Easements & Rights Laws

Program Overview


Category:
Regulatory Policy
Program Type:
Solar/Wind Access Policy
Implementing Sector:
State
State:
Virgin Islands
Eligible Storage Technologies:
Solar Water Heat, Solar Space Heat, Solar Photovoltaics, Wind (All), Wind (Small)
Applicable Sectors:
Commercial, Industrial, Local Government, Nonprofit, Residential, Schools, State Government, Federal Government, Institutional
Last Updated:
06/01/2020

Summary

In the U.S. Virgin Islands, the owner of a solar or wind-energy system is permitted to negotiate for assurance of continued access to the system’s energy source. "Solar or wind-energy system" is defined as "any system that converts, stores, collects, protects or distributes the kinetic energy of the sun or wind into mechanical, chemical or electrical energy to provide power generation for the heating of water, the heating and cooling of buildings or other structures, and other similar purposes."

Furthermore, any covenant, condition or restriction contained in any deed, contract, mortgage, security instrument or other instrument pertaining to a conveyance, sale or transfer of real property or interest may not prohibit or unreasonably limit the installation or use of a solar or wind-energy system. A covenant, condition or restriction is considered "unreasonable" if it significantly increases the cost and expense of the solar or wind-energy system to its owner or user, or significantly decreases its efficiency, or otherwise effectively discourages the installation or use of a system.

The height of small wind turbines are determined by regulations for small wind energy system and the height of utility scale wind turbines are restricted on to the extent that they are regulated by the Federal Aviation Administration (FAA).


Authorities

NameEnacted DateEffective DateExpired Date
12 V.I.C. § 1154 et seq.2007 (subsequently amended)