How To: Add Solar Energy to a Project and Get it Approved

By Natalie Dolce

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CITY OF INDUSTRY, CA-According to Matthew Gorman, a partner at Alvarez-Glasman & Colvin, that specializes in the fields of land use, solar rights, government relations, environmental law and litigation, the law behind entitlements and zoning issues to develop solar panels is ever changing, but he explains that there are certain rights that developers and commercial property owners should know in order for a project to be approved. Gorman, along with Anthony Marinaccio, an associate at Alvarez-Glasman & Colvin, chat with GlobeSt.com about the topic.  

If a developer is looking to add solar panels to a project, one key thing to keep in mind, according to Gorman, is that location matters. In California, for example, the law addressing where solar panels can be located is the Solar Rights Act and Solar Shade Control Act. “These two Acts are powerful tools for developers and commercial property owners to use when planning to install or incorporate solar panels on their properties—either as part of an existing project, a new project, or a ‘solar farm,’” he says.  

Gorman says that the Solar Shade Act
assists owners from having neighboring
trees block sunlight to solar
energy systems.

Marinaccio points out that the Solar Rights Act “empowers developers to incorporate solar energy systems into the projects by barring cities, counties, and other local governments from establishing obstructions to the installation of solar energy systems and by streamlining the issuance of permits for such systems.” In California, he says, “there is a near absolute right to install solar energy systems as long as there will not be an adverse impact upon public health or safety.”

He continues to point out that if neighboring buildings or project opponents “allege such adverse impacts, an attorney can assist the developer through the process by showing that there will not be an adverse impact upon neighboring properties.”

But in order to have that right, he says that a developer must ensure that: the system meets all local and commercial health and safety standards; the Solar Rating Certification Corp. or other comparable national organization must certify all solar energy systems for heating water; and applicable standards for safety and reliability in the National Electric Code and Public Utilities must be met for solar energy systems that produce electricity. “Once these three criteria are satisfied, a developer nearly has a right to install such solar panels. However, a developer or commercial property owner must be aware of other local restrictions, such as onerous impositions private deed restrictions. California law prohibits outright prohibitions of solar energy systems in covenants, deeds, or security instruments,” he says.

Marinaccio says that in California,
there is a near absolute right to
install solar energy systems as
long as there will not be an
adverse impact upon public health
or safety.

Gorman points out that the Solar Shade Act also assists owners from having neighboring trees block sunlight to solar energy systems. “Other property owners are prevented from growing trees that will cast a shadow on greater than 10% of the solar collector’s absorption surface at any time between 10:00 a.m. and 2:00 p.m.,” he says. “This important Act nearly creates an implied easement for sunlight, and benefits developers looking to achieve further “green goals.”

But there are always the unknowns, Marinaccio says. “There are many unanswered questions that aren’t addressed under those two acts,” he says. “For example, visual blight, historical preservation, and large scale solar projects are not addressed under the Solar Rights Act and may need to be addressed before a project is approved.”

Categories: West, Office, Green Buildings, Inland Empire