Chapter 7.2
Solar Energy

• ALL
• Remove Code Barriers
• Create Incentives
• Fill Regulatory Gaps

Renewable Energy for Historic Buildings

INTRODUCTION

Technological advancements in wind and solar energy have increased the ability to incorporate alternative energy systems in historically significant buildings. Local governments can draft ordinances that require compatible installation of solar panels and wind turbines in designated historical districts. An ordinance that provides the structure for incorporating renewable energy systems into historic districts should primarily focus on maintaining the aesthetic of the historic building.[1] A proper ordinance should include, but is not limited to, setback requirements, placement requirements, design standards, and whether a certificate of appropriateness is required.[2]

Ordinances allowing solar energy systems should permit solar panels that are directly exposed to the sun, ideally on the roof, and that are low profile, so as not to compromise the historic character of the property.[3] This may mean requiring the use of flush mounted solar panels that are not visible from the street. Alternatively, solar panels can be placed on the roof that does not face the public right of way. An ordinance can also require solar panels to be placed at lower angles or flush to the roof to keep them out of the public’s sight. If the roof of a historic building is a defining feature of the property, solar panels may be placed in secondary locations, such as pole mounted arrays behind the building or on adjacent lands, so long as they remain hidden from the public or do not interfere with the historic value of the building.[4]

Ordinances allowing wind turbines, should also be drafted to ensure that installation does not diminish the historic character of the property.[5] In order to be most effective, wind turbines must typically be taller than the structures around them.[6]  Due to their highly visible nature, wind turbines may have difficulty finding an efficient location in historic districts, where they are not diminishing the historic value of the properties.[7]

One common concern with adding renewable energy systems is that the systems are incompatible with the historic nature of the buildings and sites. The Secretary of the Interior’s Standards for the Treatment of Historic Properties (the Standards) offers four approaches for the preservation, rehabilitation, restoration, and reconstruction of historically significant sites and buildings.[8] The Standards are supported by Interior’s Guidelines, which “offer general design and technical recommendations to assist in applying the Standards to a specific property.”[9] One prominent requirement found in the Standards is that alterations to historic properties should not diminish the character of a historic site or building.[10] It is commonly believed that this provision and new environmentally-friendly technologies are incompatible because the inclusion of renewable energy systems may have a substantial effect on the character of the structure. Given the technological advances in renewable energies, this belief is, in many cases, incorrect. Municipalities have successfully incorporated renewable energy systems into historic buildings in ways that comply with the Standards and maintain the historic character of the building.[11]

EFFECTS

Ordinances for the compatible installation of solar panels and wind turbines in designated historic districts will ensure that renewable energy systems are installed in a manner that is consistent with the character of historic properties.[12] There are many benefits of solar and wind energy that have attributed to their rising popularity. First and foremost, solar and wind energy are inexhaustible renewable resources, resources that will not be depleted upon use.[13] This may lead to less dependence on non-renewable resources, such as coal and natural gas.[14] Non-renewable fossil fuel sources of energy also produce far more greenhouse gas (GHG) emissions, which is a primary cause of climate change.[15] According to the Environmental Protection Agency: “Increasing the use of renewable energy is one of the most effective ways to quickly reduce [GHG] emissions.”[16]

Another advantage of renewable energy systems is that they reduce air pollutants that adversely affect human health and the environment.[17] Emissions from burning fossil fuels adversely affect human health by contributing to respiratory illnesses, smog, and global climate change.[18] In sum, integrating energy improvements into historic buildings will reduce energy consumption, mitigate the effects of climate change, and promote human health, all while preserving the aesthetic and cultural value of the historic area.[19]

EXAMPLES

Bay City, MI

The Bay City Michigan Code approves of solar systems in historic districts and provides guidelines for the installation of solar panels on rooflines.[20] The historic district commission must approve any solar system in a historic district.[21] To be approved, solar panels must not damage or obscure character-defining features on a historic building and should not alter or obscure a historic roofline.[22] When installing a solar system on a pitched roof, the panels may only be attached on the roof-side that is visible from public streets if there is no other location that is not visible from public streets.[23] When installing solar panels on flat roofs, panels should not be attached to parapet walls that are clearly visible from public streets and should be set back so that they are not clearly visible from the public street.[24] If mounting solar panels on a roof is not feasible, the ordinance also allows for pole mounted solar arrays to be constructed in locations not clearly visible from the public street.[25] Lastly, the historic district commission may require the solar systems be painted in way that blends in with the surrounding area.[26]

To view the provision, see Bay City, MI, Code of Ordinances § 122-625 (2012).

Las Cruces, NM

The Las Cruces Code states: “Enhancing the energy efficiency of a historic building is important.”[27] The goal of this section is to allow the installation of solar panels in a way that does not damage the integrity of historic sites.[28] The Code complies with the Standards by insuring that solar panels do not alter the historic character of the building. The solar panels must preserve the aesthetic of the building and be reversible, that is, capable of sending excess energy back to the grid.[29] When installed, they should not be highly visible from the public right of way if possible.[30] This means that panels must be placed as close to the roofline as possible, if not completely flush. On a flat roof, solar panels must be setback from the edge, and angled so that they cannot be seen from the street.[31] All panels and mounting equipment must be colorized to blend into the structure.[32] If a solar array is not placed on the roof, it must be placed in an area with limited or no-visibility from the public street.[33] This can be done by planting vegetation around the panels or by using of a manufactured screen.[34]

To view the provision, see Las Cruces, New Mexico Land Development Code § 38-49.2 (M) (2015).

ADDITIONAL EXAMPLES

Houston, TX, Code of Ordinances §§ 33-241.1 (c) (4), 33-237 (2015) (permitting construction of solar panels in historic districts on the front part of the roof upon the grant of a certificate of appropriateness, but if on the rear part of the roof no certificate is needed).

East Greenwich Twp., NJ, Code of Ordinances § 16.72.030 (2010) (allowing solar panels and wind turbines to be constructed in a historical district if the use conforms to setback and height restrictions).

Breckenridge, CO, County Code § 9-1-19-5A:E (2013) (allowing for the installation of solar panels only where it will not be detrimental to the character of the historic building; requiring solar panels to be installed in a way so as not to be visible from a public street).

Newberry, FL, Code of Ordinances § 11.11.2.1 (2015) (providing that land development regulation administrator may issue a certificate of appropriateness for the installation of solar panels; solar panels must not damage character-defining features, must be located on an addition to the historical building, and should blend into the surrounding features).

National City, CA, Code of Ordinances § 18.30.300 (D) (2012) (providing that solar panels should be installed in locations that are not visible from a public way, run parallel to the original roofline, set back to minimize visibility, and should be of similar color to the roof).

ADDITIONAL RESOURCES

Office of Energy Efficiency and Renewable Energy, Renewable Electricity Generation, https://perma.cc/KYX5-D24E (last visited June 6, 2018).

Grow Solar Local Government Solar Toolkit: Planning, Zoning, and Permitting, https://perma.cc/LDQ6-5UV6 (last visited June 6, 2018).

National Renewable Energy Laboratory, Implementing Solar PV Projects on Historic Buildings and in Historic Districts, Sept. 2011, https://perma.cc/46JH-2E4V.