Solar Energy Systems and Wind Turbines by-Right
Kerrigan Owens (author), Jonathan Rosenbloom & Christopher Duerksen (editors)INTRODUCTION
These ordinances seek to increase renewable energy, specifically wind and solar, by permitting solar energy systems and wind turbines by-right in certain zoning districts.[1] Currently, some local government codes contain districts that not only fail to protect solar energy systems and/or wind turbines, but also explicitly or implicitly (through height, setback, and other requirements) prohibit them in some neighborhoods (see Height and Setbacks for Wind and Solar brief for an ordinance removing and altering these restrictions).[2] Local governments may enact ordinances to permit solar energy systems and/or wind turbines by-right in some zoning districts. Doing so eliminates zoning barriers and increases efficiency of installation.[3] When considering these ordinances, local governments should address use restrictions, which districts should allow solar energy systems and wind turbines by-right, height and set back requirements, design, quantity, minimum and maximum energy output of installations, landscaping requirements, permitting, and other concerns specific to the district. For purposes of permitting, local governments may consider permitting installations by-right or upon conditional permit approvals or some other mechanism for review, making it clear that the installations are permitted upon approval.
At the state level, California’s legislature has stated that any type of covenant or zoning restriction that prohibits solar energy systems are void and unenforceable.[4] Although the statute still allows for zoning restrictions, the CA Civil Code outlines that the restrictions cannot result in the addition of $1,000 or more to the cost of solar installation nor can the restrictions limit the efficiency of the system by 10% or more.[5] Florida’s legislature passed similar legislation in 2008, expressly prohibiting ordinances which prohibit solar collectors.[6] The statute further states that there can be no prohibition on solar collectors in the form of covenants, deeds, or other similar agreements.[7] The statute allows the HOA or other home owner entity to determine where the collectors may be placed.[8]
EFFECTS
Based on a 2017 Energy Information Agency (EIA) study, 29 percent of U.S. greenhouse gas emissions come from electricity, mostly from the burning of coal and natural gas.[9] Comparatively, renewable energy sources produce little to no emissions.[10] Moreover, in 2016 there were over 500 factories associated with renewable energy sources in the U.S. producing more than $13.0 billion in revenue.[11] The benefits of renewable energy sources could be greatly enhanced by permitting solar panels and/or wind turbines by-right within certain districts. A study produced by the National Renewable Energy Laboratory estimated that the United States could provide up to 80 percent of electricity from renewable sources by 2050.[12] The benefits of doing so include fewer emissions, improved public health, and less strain on water resources.[13] One study from Harvard University estimated that the public health costs of coal are $74.6 billion a year.[14] In contrast, solar and wind energy have fewer negative health impacts in terms of air or water pollution.[15] Shifting toward renewable resources also diversifies the energy pool, lessening the need for imported energy sources. By permitting wind and/or solar by-right within certain districts, local governments would facilitate the reduction of greenhouse gases and a move toward energy independence. By permitting wind and/or solar by-right within certain districts, local governments would facilitate the reduction of greenhouse gases and a move toward energy independence through a system that has the potential to pay for itself. Because of their decentralized nature, such systems also enable the resilience of energy infrastructure.
EXAMPLES
Bedford, NY
The Town of Bedford, New York allows solar energy collectors by-right in all districts.[16] The solar energy collectors are designated as accessory buildings and structures and must comply with the building requirements and setbacks for accessory buildings and structures.[17] However, to maximize the efficiency of solar energy collectors, the collectors do not have to follow standard height limitations as set in the code.[18] The ordinance states that the solar energy collector does not have to comply with the maximum height standard, but the collector must not be fifteen feet above the roof nor can the collector cover more than 10% of the total roof area.[19]
To view the provision see Bedford, NY., Zoning Code, §125-20 and §125-27 (2017).
Stoughton, WI
The City of Stoughton, Wisconsin in early 2018 enacted a local ordinance that allows solar energy production, by-right, in every zoning district.[20] Permitted districts include Agricultural, Residential, Office, Business, Industrial, and Institutional.[21] The solar systems must comply with regulations and limitations set forth for installations in the respective districts, including height and setback, but are allowed by-right within these districts.[22] The City also mandates that wind systems will be allowed in each district listed above, but on a conditional basis conforming to setback and height requirements.[23] The setback requirement for the wind systems require them to be back from the property line at least 1.1 times their height.[24] The height requirement falls into three categories; for properties under two acres, the system may be up to 60 feet, for properties between two and five acres the system may be up to 100 feet, and for properties over five acres the system may be up to 150 feet.[25]
To view the provision see Stoughton, WI, Code of Ordinances, § 75-105 (2018).
Hartford, CT
Hartford permits building-mounted solar and roof-mounted wind energy systems as an accessory structure by right within all jurisdictions, subject to use-specific regulations. Hartford, CT, Hartford Zoning Regulations § 4.20.1 (2018). Freestanding wind and solar energy systems, as well as solar-collecting canopies over parking lots, are permitted as accessory structures by right in a limited number of jurisdictions and are likewise subject to specific use regulations. Id. Each renewable energy system in the ordinance is regulated by categories such as quantity, height, location, output or capacity, height, setback, installation method, and building material. Id. at § 4.20.6(A-E). A few other categories are tailored for individual systems, such as the permitted location of free-standing windmills within the City. Id. at § 4.20.6(D).
Building mounted solar-energy systems may include photovoltaic or hot water solar energy systems, but are not explicitly limited to these two types. Id. at § 4.20.6(A). These solar instruments are defined as a: “system affixed to or an integral part of a principal or accessory building,” and may be placed in or on roofing materials, windows, skylights, and awnings. Id. The code allows solar-collecting instruments on parking lot canopies to be both free standing structures over previously uncovered lots in addition to covering the top story of a parking structure (i.e. a parking garage). Id. at § 4.20.6(C). One roof-mounted wind system is allowed for every 750 square feet of combined roof surface per zoning lot, and may be installed on buildings with a minimum height of 40 feet or four stories. Id. at § 4.20.6(E). In the districts which allow free-standing wind turbines, the structures must be within 1,000 feet of the Connecticut River or an interstate, and must be set back 1.1 times its height from adjoining structures, walkways, and property lines. Id. at § 4.20.6(D).
To view the provision see Hartford, CT, Hartford Zoning Regulations § 4.20 (2018).
ADDITIONAL EXAMPLES
Bethany Beach, DE, Zoning Code, § 484 (2010) (permitting the use of solar energy systems in all districts subject to minimal regulations).
Cleveland, OH, Zoning Code, § 354A (2009) (permitting wind energy facilities by-right).
Minneapolis, MN, Zoning Code §§ 535.690, 535.820 (2007) (permitting the production of both wind and solar energy in all zoning districts).
West Lake Hills, TX, Code of Ordinances § 22.03.009 (2017) (allowing the use of solar energy devices in all zones).
Schaumburg, IL, Code of Ordinances § 154.70 (2018) (permitting small scale wind and solar as accessory use in most zoning districts).
ADDITIONAL RESOURCES
Local Renewable Energy Benefits and Resources, Environmental Protection Agency (Apr. 19, 2019), https://www.epa.gov/statelocalenergy/local-renewable-energy-benefits-and-resources#one.
Khagendra P.Bhandari et al., Energy payback time (EPBT) and energy return on energy invested (EROI) of solar photovoltaic systems: A systematic review and meta-analysis, Renewable and Sustainable Energy Reviews Vol. 47, 133-41 (July 2015), https://www.sciencedirect.com/science/article/pii/S136403211500146X?via%3Dihub.
CITATIONS
[1] Greer Ryan, Throwing Shade: 10 Sunny States Blocking Distributed Solar Development. Center for Biological Diversity. 2016. https://perma.cc/9ZGR-PPNQ.
[2] Id.
[3] Id.
[4] CA Civil Code § 714 (2014).
[5] Id.
[6] Fla. Stat. § 163.04 (2008).
[7] Id.
[8] Id.
[9] Energy Information (EIA), How much of the U.S. carbon dioxide emissions are associated with electricity generation? 2017.
[10] Id.
[11] Ryan Wiser and Mark Bolinger. Wind Technologies Market Report. U.S. Department of Energy.
[12] Estimating Renewable Energy Economic Potential in the United States: Methodology and Initial Results. NREL. 2016. https://perma.cc/V38T-723F.
[13] Benefits of Renewable Energy Use. Union of Concerned Scientists. Dec. 20, 2017, https://perma.cc/26XQ-ZVSW.
[14] Id.
[15] Id.
[16] Bedford, NY, Zoning Code § 125-27(B).
[17] Id. at §125-27 (C), (D).
[18] Id. at §125-20.
[19] Id. at §125-20(A), (B).
[20] Stoughton, WI, Code of Ordinances § 78-105(1)(a)(5), (2)(a)(5), (2)(b)(5), (2)(f)(5), (2)(g)(5), (3)(a)(6), (3)(b)(5), (4)(a)(6), (4)(b)(5), (4)(c)(5), (5)(a)(5), (5)(b)(5), (5)(c)(5), (6)(a)(3)(a).
[21] Id.
[22] Id. at § 78-206(10)(c).
[23] Id. at § 78-105(1)(a)(6), (2)(a)(6), (2)(b)(5), (2)(f)(6), (2)(g)(6), (3)(a)(7), (3)(b)(6), (4)(a)(7), (4)(b)(6), (4)(c)(6), (5)(a)(6), (5)(b)(6), (5)(c)(6), (6)(a)(3)(b).
[24] Id at § 78-206(10)(b).
[25] Id at § 78-206(10)(c).