Solar & Battery Regulation & Incentive Programs

Solar Easements & Rights Laws

Program Overview


Category:
Regulatory Policy
Program Type:
Solar/Wind Access Policy
Implementing Sector:
State
State:
Washington
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, Agricultural, Institutional
Last Updated:
05/27/2020

Summary

Washington's solar easement laws are similar to those in many other states. The law 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 a solar-energy system.

In April 2009, Washington enacted S.B. 5136, restricting homeowner's associations from prohibiting the installation of solar energy panels. A homeowner's association may issue guidelines related to visibility and aesthetic aspects of solar panel placement, but it may not prohibit a resident or owner from installing solar panels, provided that the solar panels meet certain criteria. Solar panels must meet local and state health and safety requirements. Solar water-heating systems must be SRCC certified (or certified by an equivalent national organization). Solar-electric systems must meet NEC, IEEE, and UL or other testing laboratory safety and performance standards.


Authorities

NameEnacted DateEffective DateExpired Date
RCW 64.04.14019791979
RCW 64.38.0557/26/2009