Environmental Engineering Reference
In-Depth Information
The Iowa approach: better rules for solar access
Fortunately, there exists at least one other policy strategy to govern solar
access that, if properly structured and implemented, allows a means of
overcoming obstacles to solar energy development without disregarding
existing airspace rights.The rural state of Iowa in the central United States
appears to be the only known jurisdiction that has adopted a law resem-
bling this alternative policy approach.
Iowa's solar access law was enacted in the early 1980s—roughly the same
time period as most of the other solar access statutes applicable in the United
States today. 46 In many ways, Iowa's law is similar to the Massachusetts
law described above. It essentially provides that landowners who install
qualifying solar energy systems on their properties can obtain solar access
easements from neighbors to protect against shading. However, unlike
those in Massachusetts, landowners in Iowa who seek such protection
against shading must purchase it from neighbors at fair market value rather
than receiving it for free.
Iowa's statute is relatively straightforward. Landowners in Iowa who
plan to install solar energy systems on their land but are concerned about
neighbor shading must first approach their neighbors and offer to purchase
a solar access easement to protect against this shading risk. If a neighbor
refuses to sell such an easement, landowners can apply to a local government
entity for an order granting the easement. 47 Applicants who meet all of the
statutory requirements for the easement get an option to purchase it from
their neighbors.
Iowa's solar access easement application process
To obtain an order granting a solar access easement under Iowa's statute,
applicants must satisfy several requirements aimed at minimizing local
government involvement and the burdens placed on neighbors. Quoting
directly from statute in Iowa Code § 564.A.4.1 (2013), each application
must contain the following:
a. A statement of the need for the solar access easement by the owner of the
dominant estate.
b. A legal description of the dominant and servient estates.
c. The name and address of the dominant and servient estate owners of
record.
d. A description of the solar collector to be used.
e. The size and location of the collector, including heights, its orientation
with respect to south, and its slope from the horizontal shown either by
drawings or in words.
f. An explanation of how the applicant has done everything reasonable,
 
Search WWH ::




Custom Search