Historic Preservation & Solar in WisconsinRespecting the Past while Planning for the Future

Wisconsin municipalities’ authority to restrict the installation of solar systems is limited by state law: Wisconsin State Statute §66.0401. However municipalities also recognize that adding solar panels to historic properties can have an impact on the character and visual qualities that covey a property’s cultural significance.

To balance both of these considerations, municipalities can encourage a discussion about placement and effectiveness of solar panels in certain application, while still following the limitations on its authority. For example, based on this restriction, the City of Milwaukee included solar zoning language that mirrored the state statute:

No resident or business owner can be restricted in installing solar due to Wisconsin State Statute §66.0401 unless the restriction satisfies on of the following conditions1:

Serves to preserve or protect the public health or safety. Does not significantly increase the cost of the system or significantly

decrease its efficiency. Allows for an alternative system of comparable cost and efficiency.

However the City of Milwaukee also includes a process that allows for review and input from the Historic Preservation Office, on behalf of the Historic Preservation Commission. While input is limited, it is important for installers and homeowners to think of this as an educational opportunity for all sides involved. Additionally, installers should be aware of ways to make solar compatible in historic districts.

See below for example processes from City of Milwaukee and City of Madison. Resources are included at the end of the document for further reading for municipal staff, elected officials and installers.

1 Note here the absence of the typical language “serves to protect the public health, safety, or welfare” language. The legislative history of this statute indicates lawmakers specifically eliminated welfare from the language so communities can limit solar power only for health or safety reasons; not for other reasons like aesthetics (including concerns typically addressed by Historic Preservation Commissions).

City of Milwaukee

Basic Overview: The City of Milwaukee’s Historic Preservation Commission (HPC) administers Milwaukee's historic preservation ordinance, adopted in 1981, which provides certain kinds of legal protection for buildings or sites that have been declared historic by the Common Council.

After a designation has been approved by the Common Council, the structure, site or district is under the protection of Milwaukee's Historic Preservation Ordinance, and no changes which require a building permit may be made to the exterior unless the owner first obtains a Certificate of Appropriateness (COA) from the Historic Preservation Commission.

This certificate (COA) is the Commission's written affirmation that a proposed change is sympathetic to the historic character of the property and is consistent with the intent of the ordinance. When a permit is applied for, the Milwaukee Development Center will check to see if the property in question is a designated Historic Structure, Historic Site or within a Historic District. If it is, the applicant is required to obtain a Certificate of Appropriateness.

The Solar Process: A property owner that would like to install solar on a historic property or on a property in an historic district must still obtain a Certificate of Appropriateness (COA) from the Historic Preservation Commission.

1. After you complete the City of Milwaukee Solar Permit Application, you also need to submit the standard Certificate of Appropriateness Application Form: http://city.milwaukee.gov/ImageLibrary/Groups/cityHPC/Coa/COAApplicationForm1.pdf

2. Complete “Solar Project on Historic Property Application Form: (link to PDF) and submit this along with the standard COA application (#1 above). See sample form here (link to SampleProject)

3. Work with HPO staff to determine a timeline and answer any questions they may have.

City of Madison

City of Madison legal opinion:

Given Wis. Statute §66.0401, there is little the Historic Landmark Commission can do to limit solar installations.

When State passed Wis. Stat. §66.0401 limiting municipalities’ role in reviewing solar projects, “health” and “safety” were included in the wording, but “welfare” was deliberately not included.

This made it clear that the state did not intend to permit the municipalities to use aesthetic concerns as a reason to deny such energy-saving measures.

It appears that State law trumps historic concerns.

City of Madison Historic Review Process:

1. City staff review application, determines whether there are any restrictions or changes that could address concerns, AND whether such restrictions are authorized by law.

a. It is expected that these restrictions can only be other suggested locations (on a roof for example or alternative designs.

b. Suggested restrictions cannot significantly increase the cost of a system or significantly decrease the energy production of the panel.

2. If there are no changes feasible (no other location possible, for example):

a. Approved by director of Department of Planning and Community Development; Certificate of Appropriateness is issued by the Preservation Planner

3. If a change is feasible:

a. The Landmarks Commission / UDC will consider the original application as well as feasible changes determined by staff and shall approve a proposal. The Director of the Department approved the determination of the Landmarks Commission or UDC. Certificate of Appropriateness is issued / UDC approval granted.

4. Once a Landmarks Commission approved, City staff administratively approves future projects of similar characteristics.

Solar installed on Madison home in Historic District

Resources

Take Note: Some of these recommendations below cannot apply in Wisconsin due to the state statutory limitations. These should be considered best practices and implemented when possible on individual projects.

National Park Service (which administers National Register of Historic Properties) has published guidelines and best practices for solar installations: http://www.nps.gov/tps/sustainability/new-technology.htm

National Alliance of Preservation Commission: Sample Guidelines for Solar Systems in Historic Districts: http://www.preservationnation.org/information-center/sustainable-communities/buildings/solar-panels/additional-resources/NAPC-Solar-Panel-Guidelines.pdf

National Renewable Energy Laboratory: Implementing Solar PV projects on Historic Buildings and in Historic District: http://www.nrel.gov/docs/fy11osti/51297.pdf

Tax Credits for Historic Building Rehabilitation: http://www.wisconsinhistory.org/Content.aspx?dsNav=N:1214