Planning and Zoning: Opportunities for Local Governments to Support Rooftop Solar

Evergreen State Solar Partnership

March 2013

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ACKNOWLEDGEMENTS

Washington State Department of Commerce

Brian Bonlender, Director

Tony Usibelli, Assistant Director

Primary Authors:

Joyce Phillips, AICP, Senior Planner, Growth Management Services

Denise Novotny, Project Partner, State Energy Office

Tim Stearns, Senior Energy Policy Specialist, State Energy Office

Participating Partners:

Northwest Sustainable Energy for Economic Development (Northwest SEED)

City of Bellevue

City of Edmonds

City of Ellensburg

City of Seattle

Puget Sound Energy

Ellensburg Energy Services

Seattle City Light

Snohomish County Public Utility District (PUD)

Solar Washington

Sustainable Connections

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Evergreen State Solar Partnership This report is a product of the Evergreen State Solar Partnership (ESSP). The ESSP, led by the Washington State Department of Commerce (Commerce), is one of 22 projects across the country working to bring down the soft costs associated with installing rooftop solar electricity (photovoltaic, or PV) systems. Non‐hardware costs, or “soft costs”, associated with the installation processes such as permitting, interconnection and regulation barriers make up as much as 40% of the total installed cost of a rooftop PV system and have remained relatively fixed over the years1. In addition, solar installers and customers in Washington State face a patchwork of solar permitting, zoning, and utility interconnection processes that vary by jurisdiction (281 cities, 39 counties) and utility – 63 different municipal, public utility district, rural electric coop and investor owned utilities. Working under the US Department of Energy’s (DOE) Rooftop Solar Challenge (part of the SunShot effort to bring down the costs of solar) grant program, this nationwide effort engages local and state governments with utilities, installers, equipment suppliers, non‐governmental organizations, and others to make solar energy more accessible and affordable. (www.eere.energy.gov/solarchallenge/) These collaborative teams are working to reduce administrative barriers to residential and small commercial PV solar installations by streamlining and standardizing processes. The objective is to make the process of going solar simpler, faster, and more cost effective for residents, businesses, and jurisdictions.

Team The ESSP's four cities and the utilities that serve them were strategically chosen to represent Washington's diverse regulatory and market environment. Together, the jurisdictions represent 12% of Washington State's population while their load serving utilities serve over 60% of the Washington State population. The partners are:

City of Bellevue, City of Edmonds, City of Ellensburg, City of Seattle,

Puget Sound Energy, Snohomish Public Utility District, Ellensburg Electric Services Utility, Seattle City Light,

Northwest Sustainable Energy for Economic Development, Solar Washington, Sustainable Connections

Washington State Department of Commerce,

Goals Create proposals to streamline and improve permitting and interconnection process, and net

metering and interconnection standards

Develop financing options that facilitate direct financing, community solar programs, and third party ownership models

Recommend improvements to building codes and zoning

Identify improvements so everyone can meet their needs and responsibilities better.

The refined processes and standards will be implemented in the 4 ESSP jurisdictions, while the information and tools are being provided to all Washington State jurisdictions to help standardize and improve rooftop PV installations statewide. Those of us involved in this project have learned a great deal through this work, but we know the proposals can be improved with insights from people throughout Washington. We welcome your comments, questions and improvements to this report. Please send feedback to rooftop@commerce.wa.gov. For information on the ESSP grant and to obtain the four reports (permitting, interconnection, financing, and planning and zoning) visit www.nwseed.org/essp.asp.

1 Benchmarking Non-Hardware Balance of System (Soft) Costs for U.S. Photovoltaic Systems Using a Data-Driven

Analysis from PV Installer Survey Results; http://www.nrel.gov/docs/fy13osti/56806.pdf

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Table of Contents

Evergreen State Solar Partnership ......................................................................................................1

ACKNOWLEDGEMENTS ......................................................................................................................2

Evergreen State Solar Partnership ......................................................................................................3

EXECUTIVE SUMMARY .......................................................................................................................5

INTRODUCTION .................................................................................................................................6

SOLAR ACCESS ...................................................................................................................................7

PLANNING OPPORTUNITIES ................................................................................................................9

POLICY AND ZONING TOOLS ............................................................................................................. 11

PERMITTING ............................................................................................................................................ 11

SOLAR EASEMENTS ................................................................................................................................. 14

SOLAR RIGHTS ......................................................................................................................................... 17

TREE AND VEGETATION CONSIDERATIONS ............................................................................................ 19

FIRE CODES .............................................................................................................................................. 21

SOLAR READY BUILDINGS ....................................................................................................................... 21

MODEL ORDINANCES & OTHER RESOURCES ..................................................................................... 24

EXAMPLES FROM WASHINGTON STATE ................................................................................................. 26

SUMMARY ....................................................................................................................................... 31

APPENDICES .................................................................................................................................... 32

APPENDIX A – GENERAL RESOURCES ...................................................................................................... 33

APPENDIX B – EXAMPLES ........................................................................................................................ 36

APPENDIX C - LEOPOLD RESIDENCE HISTORIC BUILDING CASE STUDY .................................................. 38

APPENDIX D – EXAMPLE PERMITTING CHECKLISTS ................................................................................ 41

APPENDIX E – GLOSSARY........................................................................................................................ 44

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EXECUTIVE SUMMARY As the cost of installing individual systems continues to decline, the number of requests for rooftop solar

energy systems using photovoltaic (PV) modules will increase. Local governments are well poised to

address residential rooftop solar energy systems through planning and zoning activities. Jurisdictions

that proactively address solar issues will be better able to efficiently and effectively manage and

respond to rooftop PV applications and any conflicts within their boundaries.

Local governments can take action through comprehensive planning policies and guidance,

development regulations and standards, permitting processes, and education and outreach efforts. In

most cases, local governments are not the providers of electricity and, therefore, will need to work

closely with their utility to ensure both the utility’s and jurisdiction’s requirements are addressed.

Planning and Zoning opportunities to support rooftop solar include:

Including goals and policies that support rooftop solar in Comprehensive Plans

Amend Zoning Codes and other Development Regulations to support rooftop solar and remove any identified barriers

Streamline permitting procedures for rooftop solar applications

Integrate solar PV standards with historic preservation

Review tree protection ordinances and landscaping regulations

Address Solar Access issues

The products of the Evergreen State Solar Partnership (ESSP) efforts are intended to provide practical

tools that build on the experience of others, guidance and resources to local governments and electricity

providers to better respond to the increasing demand for residential rooftop PV and, where the

jurisdiction wishes, to encourage solar installations. The purpose of this report is to identify measures

local governments can implement by providing resources, examples, and context to planning, zoning

and siting issues. The report discusses various ways that jurisdictions are likely to work with residential

rooftop PV and thus identifies opportunities to improve those interactions; the report also discusses

various examples in use in jurisdictions around the US and in Washington State. Local jurisdictions can

use these as guides, learning tools, and lessons learned to improve their own processes. Cities and

counties may find it advantageous to advance local policies and development regulations to guide and

support future permitting of rooftop PV systems.

Jurisdictions that have clear standards can streamline processes for these systems and address

applications in a consistent manner. This is beneficial for government staff, electricity providers, system

designers, installers, homeowners, and the public.

Decisions should be made based on local vision, policies, and conditions. Any recommendations in this report are meant to be a general guide with specifics to be tailored to the jurisdiction’s situation.

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INTRODUCTION Residential renewable energy systems are rapidly increasing in number and are quickly becoming a

more mainstream method of generating electricity. Solar electric systems using photovoltaic (PV)

modules mounted on the roof of a building (“rooftop PV”) is one of the more common examples of

renewable energy systems that people are installing in jurisdictions all over the United States and

increasingly prove to be a viable option for homeowners. In recent years, the economics for residential

PV systems has improved dramatically as the price of components and installation comes down and with

new options coming on the market. However, there is still room to reduce costs by working to lower

various costs beyond those impacted by economy of scale or technology – such as the “soft costs” like

permitting, zoning barriers, inefficiencies in information, and non-standardized regulations.2

The purpose of this report is to provide local governments with resources to help update plans and

zoning codes to help accommodate this growing trend and encourage additional solar energy

production. This report is one of four reports produced by the Evergreen State Solar Program (ESSP), a

program of the United States Department of Energy’s Rooftop Solar Challenge. The other reports on

Streamlined Permitting, Interconnection, and Financing are available at www.nwseed.org/ESSP.asp.

Local government planners have various resources and opportunities available to them in their existing

planning and zoning processes for improving their response to rooftop PV. These can be used to both

support the installation of solar power and to help ensure the review and installation be done efficiently

and effectively for all involved. The purpose of planning, zoning, and development regulations is to

avoid conflicts, reduce the cost of providing public services, protect current and future homeowners and

neighborhoods, and to balance multiple interests within our communities. The intent of this guide is to

raise awareness and the most common issues local governments will need to address, and to provide

examples they can use to help in crafting their own standards and permitting processes.

Comprehensive Plans and Development Regulations – Comprehensive plans and development

regulations, such as zoning standards, are excellent tools to address renewable energy. Local land use

policies in the comprehensive plan can support renewable energy use in the community and encourage

individual homeowner use of solar power. Development regulations can address design standards,

building requirements, permitting structures and thresholds including exemptions, solar easements, and

the promotion of solar ready construction. Local governments can work with utilities, stakeholders, and

the public to determine how solar energy installations can be best integrated into the community in

balance with other policies and desired outcomes.

Local governments around the country are increasingly taking action to be efficient and effective in how

they manage the installation of rooftop PV installations. By addressing the issues and using the

resources referenced in this report, local governments in Washington State will be ready to review

applications for rooftop PV installations efficiently and effectively.

The research and industry resources referenced in this report are listed in Appendix A.

2 Benchmarking Non-Hardware Balance of System (Soft) Costs for U.S. Photovoltaic Systems Using a Data-Driven

Analysis from PV Installer Survey Results; http://www.nrel.gov/docs/fy13osti/56806.pdf

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SOLAR ACCESS Solar access is generally defined as the ability of the sun’s rays to directly shine on a particular spot.

Because a solar energy system will not work without access to the sun, any regulations about solar

energy need to consider solar access. While some passive solar features – such as clerestory windows –

can remain effective even with indirect light, active solar features, such as PV systems, need direct full

solar access to function optimally.

A PV system can be shaded by various items, either permanently or temporarily (e.g., a tree, building,

mechanical equipment, fence, vehicle, power pole, flag, or sign). The extent of this shading and its

impact on PV performance will vary based on the time of day and year and the duration of the shading.

Solar access is the ability of one property to continue to

receive sunlight across property lines without

obstruction (buildings, foliage or other impediment).

Solar access is calculated using a sun path diagram.3

Whether someone has solar access in a particular

location can be determined when a person decides to

install a rooftop system and evaluates what their roof

will allow as far as access to the sunrays. Using tools an

individual can obtain a picture, like the one inserted in

this section, showing the solar access for the entire year

and at any hour of the day (known as a sun path

diagram). It shows trees and other items that will block

solar access to that particular spot. Solar access can also

be designed into a building or system, in that a roof can

be constructed to allow PV modules to face south or a housing development can be designed so that the

houses and trees do not shade the roofs of the other houses; this type of access is discussed further in

the section about solar ready buildings.

If shading does occur, the shading can be prioritized based on what time of day and what time of year it

will shade the system. The sun’s rays are not of equal value throughout the day because of the angle

the sunrays enter our atmosphere and bend around the curvature of the earth. The sunrays are most

effective for a PV system from approximately 10:00 a.m. to 2:00 p.m., in most cases. In the northern

hemisphere, sunrays are most able to produce electricity on a PV system during summer months

compared to winter months, with some exceptions for particular site characteristics that warrant

individual analysis. PV systems will produce power at any time that they have sunrays on them, but they

are most productive when the modules are facing directly at the sun and during the mid-day hours.4

3 http://en.wikipedia.org/wiki/Sun_path

4 The modules can be placed on a racking system that allows the modules to rotate throughout the day so that

they always are facing directly at the sun; this is called a tracking system because the solar panels move and rotate throughout the day, following the sun’s path.

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As PV module technology has improved in recent years, PV systems have also gained more flexibility.

Some modules on the market have micro-inverters on each module that allow them to function as

independent systems so that the shading of one module does not take out an entire set of modules

hooked together (in “series”). Increasingly companies are working on developing PV modules that offer

more flexibility to allow the module to continue to function even with some shading. However, in every

case modules need solar access to produce electricity.

Without access to the sun, a rooftop PV system loses its ability to generate energy, so solar access is

imperative.

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PLANNING OPPORTUNITIES Counties, cities, and towns can better prepare for rooftop PV inquiries and applications by addressing

policies through both their comprehensive plans and the standards in their development regulations.

Goals and policies in a comprehensive plan, for example, can include support for renewable energy,

address big picture issues around solar rights and solar easements, balance solar with other interests

such as trees and historic structures, and set forth guiding principles around future land development.

Development regulations can identify standards and requirements regarding equipment placement,

safety, aesthetics, solar easements and rights, interconnection to the utility system, and permitting

guidelines and procedures. Clear standards contribute to application packets that are filled out fully and

correctly the first time, which can reduce agency staff review time and result in the customer getting the

permit quickly and with less difficulty.

American Planning Association Resources

The American Planning Association (APA) has been working to facilitate solar energy into planning

practices.5 With its partners, APA has developed solar briefing papers6 to help planners, elected

officials, and community members address solar issues locally. The solar briefing paper topics include:

Solar Community Engagement Strategies for Planners;

Solar Mapping;

Integrating Solar Energy into Local Plans;

Integrating Solar Energy into Local Development Regulations;

Balancing Solar Energy Use with Potential Competing Interests; and

Recycling Land for Solar Energy Development. These solar briefs provide an excellent summary of the issues and opportunities to address those issues

through planning. Additionally, examples and resources are provided.

Energy Planning

While this paper focuses on rooftop photovoltaic systems, communities may choose to address multiple

renewable energy sources in their plans and codes. Some communities are adding optional

comprehensive plan elements specific to energy, while others are choosing to add sections on energy

topics into existing elements of their plans (for examples, see Appendix B).

Guidelines Catered to Local Situation

The process that is best for each jurisdiction will be determined locally. Any recommendations in the

national resources or the ESSP work is meant to be a guide with specifics tailored to the jurisdiction’s

situation. However, when determined in advance, rather than on a case-by-case basis, predictability

and more certainty for all parties are provided. Information should be made available to interested

parties as early as possible in order to avoid unnecessary delays or complications. This can support

5 APA is working with the International City/County Management Association (ICMA), the National Association of

Regional Councils (NARC), and alongside ICLEI – Local Governments for Sustainability on the SunShot Solar Outreach Partnership (SolarOPs), an initiative of the U.S. Department of Energy (DOE). 6 http://www.planning.org/research/solar/briefingpapers/

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builders and owners through the permitting process, alleviate potential frustration, and help reduce

agency staff workload.

Definition

In the development of new standards or regulations, it is important that all terms be clearly defined.

This will help in the development and implementation of the new provisions. For example, local

government may wish to define solar access, solar rights, solar easements (consistent with state law), as

well as related terminology such as active solar and passive solar.

Balancing Interests

When designing policies, standards, and requirements, jurisdictions must balance various interests. For

example, taller buildings in high density or mixed use areas may block solar access for shorter buildings;

urban trees, which are desirable for multiple reasons (e.g., street shading to lower temperatures, tree

species variation for overall tree health, stormwater management, biodiversity, air quality, aesthetics)

may negatively impact solar access; some communities or neighborhoods may have concerns about

aesthetics of solar equipment; a jurisdiction may want housing developed to support solar by

encouraging south facing roofs and enough space between buildings to allow solar access on all roofs,

while a developer may want a certain look and feel to the house designs that does not support solar

access to the same degree; homeowners may have differing plans for future improvements that may

impact the ability of each other to fulfill those plans; and historic preservation concerns may seem in

contradiction to the installation of a solar energy system. The various aspects of these issues can be

consistently addressed if discussed, coordinated, and communicated throughout the jurisdiction as a

whole, rather than during the review of a specific project.

The next section provides an overview of various policy and development regulations available to

jurisdiction planners working with residential rooftop PV installations.

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POLICY AND ZONING TOOLS

Jurisdictions have various options within their policy and development regulations when it comes to

addressing rooftop PV. There are several issues related to rooftop solar energy systems that a local

government may want to consider. Issues such as permitting, connecting to the utility provider,

aesthetics, building and fire codes, and technical standards such as setbacks from roof edges or peak,

are examples. This section reviews specific topics that may help address residential rooftop PV

installations.

PERMITTING Most local governments already address permit review procedures in their zoning ordinance or other

development regulations. Local governments can identify the permitting and review procedures

applicable to rooftop solar proposals and package the information to increase ease of use by builders

and homeowners. Washington’s Evergreen State Solar Partnership work has addressed permitting in

greater detail, focusing specifically on what could be done to streamline the permitting of residential

and small commercial rooftop PV systems. Jurisdictions may want to review the permitting report and

recommendations so that any amendments to the zoning ordinance or development regulations can be

reviewed and determined comprehensively. For further information about the ESSP permitting work,

see the Local Examples in the Model Provisions section below.

Most local governments identify their permitting procedures in their adopted development regulations.

Many diagram the process in flow charts and provide other tools to help property owners understand

and proceed through permitting processes. Providing consistent information for rooftop solar energy

systems, especially for those that may need additional review steps such as architectural/design review

or historic review, can be a helpful communication tool for homeowners and the public.

A local government could develop a Best Management Practices guide, development standards, or

design guidelines that could be given out as informational handouts or written into codes. Systems

proposed on existing structures can be streamlined when pre-identified information and requirements

are anticipated and provided.

The permitting process can be utilized for more than just processing the permit. For example, the

information collected during the permitting process can be linked to the database that tracks easements

so that information is shared rather than having to be collected separately. It can also be used to assist

in mapping where solar energy systems are located within the electrical grid, helping the electrical

system managers (e.g., utility) track the loads and flow of use and generation, which can be important

for managing overloading parts of the system and knowing the best way to respond to outages. 7

Additionally, fire fighters may be able to use the information on where and what types of solar energy

systems are installed to maintain the information they use to prepare for responding to fires in each

particular building.

7 See glossary for more information about solar mapping.

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State Role

What should a state’s role be in facilitating or permitting rooftop solar energy systems? States have

taken a variety of approaches. One potential extreme is where the state has complete control over

permitting. Alternatively, the state could offer technical assistance to local governments in order to

enact locally determined development regulations, which would allow rooftop solar energy systems to

be reviewed and permitted locally. In such a case, the state may consider model language that

encourages consistency between local government’s standards. The other potential extreme would be

for the state to be completely silent on the issue, leaving each jurisdiction to determine if and how to

proceed, using their own separate and distinct sets of standards.

Washington State most closely exemplifies the technical assistance approach, as evidenced by the

efforts of the ESSP project, as well as the Department of Commerce’s technical assistance on planning

and permitting issues to local governments through the Growth Management Services unit.

When Additional Permitting Review May Be Needed

While the majority of residential rooftop solar energy systems are similar, and thus can fall within the

parameters covered by a streamlined and standardized permitting steps, there may be certain projects

that require or warrant additional review (e.g., historic buildings, architectural design review for

commercial buildings). Local governments can still identify opportunities to review and permit these

types of applications efficiently, but they may not be as standardized as in most other scenarios.

Washington’s ESSP permitting group worked through the many aspects of permitting in an effort to find

ways to streamline and standardize it. In so doing, they identified when permitting could not be

streamlined, that is, when further review is necessary. Their work was based on a review of the national

resources and then catered to a parameter that is acceptable to the four partners, but also with the goal

of making it a template that all Washington areas can use and cater to their particular situation. Review

of the products from the ESSP permitting work group is a good resource for when additional review may

be required. For further information about the ESSP permitting work, see the Local Examples in the

Model Provisions section below.

Historic Buildings

Installing rooftop PV on a historic property is a common example of a situation that may require

additional review and guidance for standards. Historic buildings warrant further focus. As planners

develop permitting processes, they should recognize the additional review and guidance that is needed

for these types of projects and should work with existing Historic Preservation Commission or Board

members to educate them about opportunities for accommodating solar energy systems and historic

preservation.

Jurisdictions may want to engage with local historic preservation groups and the Washington State

Department of Archaeology and Historic Preservation (DAHP) to develop procedures for projects

associated with known historic buildings or buildings eligible for the historic register. This process could

be applied to specific structures (e.g., homes listed on or eligible for the state register) or area-wide

(e.g., historic districts).

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In the case where Federal funds, permits or properties are involved with historic buildings, a review

process is triggered through Section 106 of the National Historic Preservation Act (36 CFR 800).

Essentially, a historic property inventory form (EZ2) is submitted online to DAHP if a property is over 50

years old. DAHP reviews whether or not the property is historically significant (“eligible for inclusion in

the National Register of Historic Places”). If it is not, then the review process terminates. If the property

is determined eligible and has the potential to visually affect nearby properties (for example, if the

building is within a historic district), then the applicant submits an EZ3 form with a description of the

proposed solar panel installation (roof plans, photos, cut sheets of the solar panel products – whatever

it takes to describe the project). DAHP staff reviews the form and determines whether or not the solar

panel installation would have an adverse effect to historic properties or not. If the installation does

have an adverse effect, DAHP can attempt to look at the design and location in order to minimize or

eliminate the adverse effect(s) or can minimize the adverse effect and mitigate through a written

agreement amongst the interested parties. The best path to avoiding an adverse effect is through

thoughtful application of all national, local and historic codes and regulations.

A solar installation is much less likely to get resistance from regulatory reviewers (e.g., federal

government, DAHP, and Historic Preservation Commissions) if these general guidelines are followed

(adapted from “Installing Solar Panels on Historic Buildings”):

Locate solar panels on site, rather than on historic buildings. Such examples include pole mounted arrays, as long as ground disturbance is minimized and no cultural landscapes are significantly affected.

Place panels on any new construction in order to avoid impacts to historic structures.

Place panels on non-historic outbuildings or additions, when feasible.

Minimize visibility from public right-of-way if placed on historic building.

Avoid installations that result in temporary or permanent loss or obstruction of character defining features (such as an installation on a roof slope between 3:12 and 12:12 on a primary façade).

If placed on historic building, solar panel installation must be “reversible.” This definition is a bit subjective – but the goal is to avoid alteration of historic fabric or character defining features.

Require low profiles, such as flush mounted and below existing rooflines.

Set panels back from roof edge if placed on a flat roof. In cases where there is a low parapet on a short, flat roofed building, panels should be located closer to the center of the roof and/or have a low profile. This is not a significant concern with taller buildings (such as the Leopold project referenced in Appendix C).

Avoid disjointed installations that decentralize panels onto several different roofs.

Maintain existing roof pitches. For example, an installation should not be made at a 45 degree angle if the roof pitch is 33 degrees (4:12).

Color of installation equipment should match existing building elements. Conduit and supporting structure should visually “disappear” and blend in with their surroundings. This does not apply to the modules themselves as they must not be painted or the sun cannot reach the internal working parts of the module that produces the electricity.

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In general, both the hierarchy and integrity of a building must be considered. Installations on primary façades should be avoided. Rear façades, service areas, and extensively altered building elements lend themselves much better to solar panel installation. Property owners and applicants should be encouraged to take advantage of historic tax credits (20%) as well as the 30% tax credit for solar installations to help support PV installations on historic buildings. APA’s solar briefing paper, Balancing Solar Energy Use with Potential Competing Interests, provides additional guidance pertaining to integrating solar energy systems and historic preservation. Successful case studies of incorporating solar energy into historic properties are available at:

National Park Service’s Technical Preservation Services website

Local Examples in the Model Provisions section below for a successful local example of a PV installation on a historic hotel in Bellingham, Washington that did not involve the significant difficulties many assume historic installations will include.

SOLAR EASEMENTS As noted in the solar access section of this report, a PV

system only functions if it has access to the sun’s rays, not

shaded light or indirect light. A solar easement is the

specific, permanent right to have access to the sunrays

through a specific space, even if that includes space that

goes over or through an adjoining property. For a PV

system, this would mean having the specific right to

maintain solar access to the PV system. The loss of solar

access can result from a variety of conditions. Some of

these sources of shading may be temporary – such as a

truck parked for a short time or a short-term decoration

or sign. This kind of a problem is resolved once the

temporary item is moved. Others, however, such as a

new building, or a bush or tree that has grown larger, are

long-term or permanent.

For the owner of the solar energy system, solar access is imperative for the system to work and the loss

of it means the loss of all or part of the use of that system. However, for the person who is told they

cannot do something on their property because it would block solar access to another person’s

property, the loss is of the right to use their space—be it adding to their house, having the vegetation

they wish to have in their yard, or building on their property.

Without formal easements, property owners do not have the ability to require the removal of

obstructions on adjacent properties. Local governments have options regarding how to address solar

easements and whether or not they should be required. We will introduce some of the major issues

here and strongly recommend referring to the reports referenced in this report—particularly pages 6

and 13 of the Solar ABC report—for guidance through this issue.

“The standard elements of a typical solar access law are that it must be in writing, be recorded (as any other real property interest), express the horizontal and vertical angles of the easement, include provisions relating to the grant or termination of the easement, and provide for any compensation arrangements to the grantor for maintaining the easement or to the grantee in the event of interference.”

Solar ABCs, page 6

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Jurisdictions around the country have allowed for solar easements with varying approaches. One of the

goals of the Solar ABC report is to offer example text and forms for jurisdictions to use in adopting their

own processes.8 The Solar ABC sample includes guidelines for documenting an easement and details

suggestions of what to include. The report uses the State of Massachusetts as an exemplary model,

adding that New Jersey, New Mexico and the City of Ashland, Oregon are also good examples worthy of

review by local jurisdictions while drafting their own easement rules.

Voluntary, Required, or Implied

One important decision is whether to have the easements be:

Voluntary – enacted only if the impacted parties wish to (with or without compensation);

Required – adjacent property owners are required to provided an easement if requested by a

property owner installing a solar energy system; or

Implied – the system owner automatically obtains an easement to protect the system’s solar

access when a solar energy system is installed.

Most solar easements in this country are voluntarily requested and entered into.9 Under Section 64.04

of the Revised Code of Washington (RCW), property owners throughout the state are allowed to enter

into voluntary solar easements. Implied and required easements, however, are rare and can be

controversial because they impose an easement on neighbors without their ability to decline or receive

compensation. Currently, there are no known jurisdictions in Washington State that have implemented

implied or required easements.

Many solar energy systems will be installed and never need an easement to maintain full solar access.

However in urban areas, residential landscaping and adjacent buildings can certainly impact adjoining

properties.

How a jurisdiction manages easements may differ depending on their terrain, existing buildings and

patterns of vegetation, and localized goals.

Documenting a Solar Easement

An important part of an easement is documenting or recording the easement. This involves both

obtaining the initial information and recording it. The Solar ABCs report suggests that easements

“…must be in writing, be recorded (as any other real property interest), express the horizontal and

vertical angles of the easement, include provisions relating to the grant or termination of the easement,

and provide for any compensation arrangements to the grantor for maintaining the easement or to the

grantee in the event of interference.”10

Easements are recorded at the county auditor’s office, either as a standalone document or as a note on

the face of a land division map. An additional way to track solar easements could be through use of a

permit tracking system; however property owners rarely look at past permitting data so this approach

8 Solar ABCs, page 13, http://www.solarabcs.org/about/publications/reports/solar-access/pdfs/Solaraccess-full.pdf 9 Many solar easements are so poorly written or enforced that they are ineffective. Solar ABCs, page 6

10 Solar ABC, page 6, http://www.solarabcs.org/about/publications/reports/solar-access/pdfs/Solaraccess-full.pdf

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can be problematic.11 Another possibility is that in subdivisions, the easement can be documented or

even required within the development process, depending on the local policy atmosphere12; in such

cases, easements are often noted on the face of final plat, which is a recorded document.

The Value

If one is able to obtain agreement to allow the easement without anyone requiring compensation, then

determining the value is not an issue. But, often if a person loses a portion of the right to her/his

property that person receives compensation. Determining the value of a solar easement is not always

straightforward and is generally left to the private parties to determine. Is the value of the easement

based on the current value of development potential, or the potential value of remodeling or

landscaping desires of a neighbor, whether they have an interest in doing those changes or not? Is it

some future value since resale of the home incurring the easement will include the easement and all

future owners will have to incur the limitations? Does it cover costs to maintain the easement (e.g.,

ongoing tree trimming)? If property owners or a jurisdiction do not sort out these easement issues prior

to a conflict, the court of law may be the place for parties to try to protect their interests.

Enforcement

Another key element is who will enforce the easement. The Solar ABCs report notes that “…even those

states that do have solar easements…have enforcement issues that can render the laws ineffective or

subject to expensive litigation to enforce.”13

Education

Often homeowners are unaware of their options until a conflict arises, such as they are sued by a

neighbor, are told to cease their installation by the homeowner association as it is occurring, or enter

into a dispute with a neighbor for their own easement over a tree that now is blocking their system.

What is the best way to educate solar owners of the solar easement available to them? The Solar ABCs

report suggests partnering with the League of Cities, Association of Counties, or the Community

Association Institute.14 Having information about easements incorporated in the standard installation

process offers a reasonable way to reach new solar installation owners. General public education

efforts could also increase knowledge of easements, but might be less efficient in reaching those who

specifically need the information.

Each local government should determine how to address solar easements and the potential

enforcement of them, preferably before the problem arises so systems can maintain appropriate access,

misunderstandings between neighbors do not occur often, and appropriate steps are clear and known

to help resolve any issues that do arise.

11

Los Angeles County and San Francisco are good examples of one-stop website portals for information which can be a component of tracking solar easements. The recommendation in these examples is to have registration associated with permitting process (per City of Seattle Gap Analysis Report, page ES-6). 12

Solar ABCs, page 6, http://www.solarabcs.org/about/publications/reports/solar-access/pdfs/Solaraccess-full.pdf 13

Solar ABCs, page 6, http://www.solarabcs.org/about/publications/reports/solar-access/pdfs/Solaraccess-full.pdf 14

Solar ABCs, page 10, http://www.solarabcs.org/about/publications/reports/solar-access/pdfs/Solaraccess-full.pdf

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SOLAR RIGHTS A solar right refers to one’s ability to lawfully install a solar energy system in

accordance with planning and zoning codes, homeowner association (HOA)

policies and requirements, and any other entity that may have the ability to

limit installation of a solar energy system. A solar rights law or regulation

can provide assurances that each property owner is protected from private

restrictions that may otherwise limit the ability to install a solar energy system. Whether these rights

exist in various locations and how these rights are defined and enforced can vary greatly and cause

confusion and disagreement.

Sometimes people are told they have the “right” to install solar, but have to work within restrictions

that essentially offer them no reasonable way to do so – because as a result of certain requirements

they would lose so much efficiency or the cost would increase to the extent that the system would

become cost prohibitive. Other times they may be told they are not allowed to install a rooftop solar

energy system because it does not fit within the aesthetic guidelines.

There are essentially two methods that attempt to protect the right of homeowners to install solar

energy systems. The first method is through local government ordinances; the second is through use of

private land use restrictions, such as covenants, conditions, or deed restrictions. Some states address

both.15 Increasingly, states and local governments specifically allow certain renewable energy facilities

when it is demonstrated that they meet applicable safety guidelines and public health and safety

protection guidelines. Some regulations require that rooftop systems match the slope of the roof or

that the panels and any related equipment do not extend beyond the peak of the roof.

Some states have enacted solar rights laws that limit the ability of private and/or government entities to

prohibit or restrict the installation of PV. In such cases it is common to prohibit imposing

“unreasonable” restrictions that significantly increase the cost or decrease the efficiency of a solar

energy system. Two states that have solar rights acts with reasonableness restrictions are California16

and Wisconsin17. Washington State also has laws regarding HOAs, as noted in more detail in the Local

Examples of the Model Ordinances section below.

Homeowner associations are often an issue when discussing solar rights. Although most HOAs do not

address solar energy systems specifically in their standards they are often concerned with aesthetics and

neighborhood character. Additional information regarding HOAs is provided next in order to highlight

their importance in working with solar rights.

15

Solar ABCs, page 6, http://www.solarabcs.org/about/publications/reports/solar-access/pdfs/Solaraccess-full.pdf 16

California has strong protection against restrictions; prohibits purely aesthetic restrictions on installations; any alterations to the design have to be “feasible” and are not allowed to increase the cost by $2,000 or more, or decrease the efficiency of the system by more than 20% (IREC report, page 11). 17

Wisconsin provisions limit how long the local government has to review a permit. A permit is considered accepted if government fails to act.

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Homeowners Associations

Homeowner Associations (HOAs) often find themselves involved in decisions about rooftop PV

installations when members submit an application to an architectural control committee because of the

exterior modifications required, when members install a system without proper permission, or when a

neighboring member complains about an installation. An HOA adopts and enforces the codes,

covenants, and restrictions (CC&Rs) for that development. HOAs often have prohibitions or partially

restrictive language in the CC&Rs regarding solar energy system installations, while others are

completely silent on the issue. Sometimes CC&Rs are strict enough to make PV essentially impossible to

install or include restrictions that limit their efficiency and/or effectiveness. Some may use aesthetic

concerns to limit the installations. For example, the HOA may state that solar energy systems are not

attractive so therefore should not be seen by neighbors and/or the public right-of-way, or must be on

the back of the structure. Such provisions may effectively eliminate any installations as it is difficult, if

not impossible, to install a rooftop system that cannot be seen while still having solar access. Other

restrictions may include the need to match the color of the house or roof, effectively eliminating their

ability to function because painting the modules themselves will block solar access. Some HOAs also

have tree or other landscaping requirements which may reduce PV potential. Washington State

requires HOAs to allow PV installations. Section 64.38 of the Revised Code of Washington limits the

ability of homeowner associations to prevent solar panel installations, but does provide guidelines that

they can use to guide design and location.

A wide variety of language has been used in HOA CC&Rs to address solar energy systems in the past.

Often the language includes descriptions like “reasonable” without any criteria to disclose what

reasonable means, which leaves room for varying definition and interpretation. Any disagreement

between an HOA member and board can become costly (ultimately to all homeowners collectively as

they pay fees out of a central account), delay installations, and lead to damaged relationships within the

neighborhood. HOAs can be best situated to deal with future applications for rooftop PV by adopting

specific guidelines or requirements before applications are submitted to them for review. Governments

may provide education and outreach to HOAs and therefore may want to have information available,

including examples of how other HOAs in the area are addressing the issue.

Below are some samples of generally agreed upon acceptable and unacceptable provisions for HOAs or

similar boards to consider when designing their policies regarding rooftop PV systems:

Generally Acceptable:

The system will not block existing equipment or access (e.g., people’s driveways, doors,

walkways);

Require piping/conduit, frames and boxes be painted to match building/roof exterior color, as

possible while still allowing the system to function (e.g., do not require the solar absorption

(modules) parts of the equipment to be painted, a meter to be covered, or modify a switch to

the point it can no longer move);

Specify that a solar energy system is allowed to be installed in areas where other modifications

are not allowed, such as on the roof on the front of the house. Washington law allows HOAs to

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require that any solar panels facing the street conform to the slope of the roof and be parallel to

the peak of the roof;

Modifications to design are allowed that do not increase the cost by more than 10% of the initial

installation price, including labor and materials;

Installation must meet current public health and safety guidelines, and current related electric

or plumbing certification systems.

Generally Unacceptable:

Direct the color of the system modules - they won’t work if paint covers the module glass;

Cannot be seen from other houses, walkways, street;

Limit which way the system can face – east, south or west;

Limit how many modules a homeowner can install;

Limit the number of pieces of equipment such that the system cannot meet current jurisdiction

code – e.g., if only allow a meter and inverter but code requires a disconnect;

Restrictions that increase the cost by 10% or more of the initial installation price, including labor

and materials,

Restrictions that decrease the efficiency or electricity output of the system by more than a

certain amount (e.g., 10%).

Examples of HOA solar guidelines are included in Appendix B. Washington State’s HOA Solar Rights law

is addressed in the Local Examples of the Model Ordinances section below.

As with solar easements, often people do not know about the solar rights applicable to them.

Governments can play an important role in providing the information and education needed to prevent

solar right conflicts, whether it is with an HOA, condominium association, or other similar situation.

TREE AND VEGETATION CONSIDERATIONS Trees are specifically mentioned in this report

because of the potential shading the solar access to

PV systems and the challenges in balancing the

value of solar energy and the value of trees. Trees

and vegetation provide valuable functions including

cleaning the air, managing stormwater, providing

visual enhancements to open spaces and

neighborhoods, creating habitat and shade, and

shading homes to reduce cooling costs. At the

same time, even just one branch of a tree can block

a solar electric module enough to negatively impact

its productivity. Local governments have the

opportunity to address tree and vegetation issues in regard to solar interests, in zoning codes and other

development regulations.

Example of shading of a PV system

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Tree considerations vary substantially between the different climates and communities. There are

different considerations for conifer and deciduous trees. Each jurisdiction will need to consider a variety

of issues, including the benefits of solar energy, benefits of trees and vegetation, desired community

character, and property rights issues.

A jurisdiction with a tree plan or program could factor in the various aspects of solar access and detail

approaches that will help to minimize conflicts. This could include guidance about appropriate trees to

plant near solar panels and other considerations. For example, some trees grow faster and taller than

others; some are deciduous while others are coniferous. Since shading in winter is less of a negative

impact to the productivity of a solar system (see solar access section above) then a tree that shades in

the winter but not in summer may be acceptable. When considering the potential of a tree to block

solar access, consider how quickly the tree will grow in both height and width, its rate of growth and size

at maturity, and the sun path. Some trees can be shaped and trimmed without the pruning being as

aesthetically obvious or impacting the overall visual balance of the tree in relation to that of other trees.

The standards in many zoning codes address species, spacing, and other locational requirements for

trees and vegetation. Most of these development regulations were probably written without specific

consideration of rooftop solar PV becoming more common. Some communities are already working to

develop plans and strategies to address these issues, specifically the desire for both trees in the urban

setting as well as rooftop solar energy systems. For example, the City of Denver is working to

successfully promote both urban trees and solar rooftops. A short 9 minute, 4 second video, “A Million

Trees and A Million Solar Roofs: Can We Have Both?”18 addresses issues and seeks out mutually

beneficial solutions.

APA’s solar brief, Balancing Solar Energy with Potential Competing Interests, also provides guidance and

resources related to balancing tree and solar interests.

Greenbelts and other types of tree or vegetation protection measures, such as easements or open space

areas, also should be considered. Many jurisdictions have tree protection regulations or have included

tree and vegetation requirements in past subdivision or other land use approvals (e.g., apartment

complexes, condominium developments). Many of these are protected either through notes on the face

of a subdivision map, recorded easements, or in Homeowner Association (HOAs) Codes, Covenants and

Restrictions (CC&Rs). Whether or not to require, encourage, or allow for modifications to these

protections should be discussed. For example, some subdivisions include an identified greenbelt or

easement across the back or sides of lots, especially when located around the perimeter of the

subdivision. This area may be of any width, but often are approximately 25 feet in width or less, at least

in urban areas. Some of these areas preclude tree removal, pruning, and removal of native vegetation

understory. It may be a topic in which a local government wants to work with those affected HOAs, as

well as those adjacent to it, to determine how to proceed to better facilitate rooftop solar.

18 http://www.youtube.com/watch?feature=player_embedded&v=NRK_vOdwI8g

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FIRE CODES Another issue for jurisdictions to consider when implementing various codes and regulations is fire

codes. All parties want to keep firefighters safe, which does not change when the structure in question

has a solar energy system. Fire codes are part of a local government’s building codes, and while not

specifically a zoning code issue, it is still part of a community’s development regulations that affect

rooftop PV.

Sometimes these interests seem to conflict. The current International Fire Code chapter on PV systems

requires a 3 foot setback from the solar panel to the edge of the roof. This provision limits the space

allowed for PV modules and therefore the size of the system. In some cases it may preclude the ability

to install a PV system at all. This has implications for solar installations, especially on smaller buildings

(e.g., outbuilding, residential garage). As discussed further in the Local Example Provisions section

below, the Washington State Building Code Council (SBCC) adopted an update of the state building code

in December of 2012. Because of concerns about a proposed new chapter on Solar Photovoltaic in the

2012 International Fire Code, they set up a committee to further consider these impacts. This

stakeholder process began in January 2013 and will delve into the details of the draft fire code language

related to solar PV and try to identify agreeable solutions. At the time of issuing this report, a draft of

their recommendations was not yet available.

The fire codes are updated periodically and jurisdictions will need to adapt as the fire codes, jurisdiction

codes and regulations, public interest, and solar technology change. For information on how

Washington State is responding to the current fire codes, see the Local Examples text in the Model

Ordinances section below.

SOLAR READY BUILDINGS Some states19 are requiring or encouraging that new homes be built

“solar ready” so that rooftop solar energy systems could be added at a

later date with relative ease and at lower costs than if the homes were

not built to solar ready standards. In December 2009, the National

Renewable Energy Lab (NREL) developed a Solar Ready Planning

Guide20, addressing photovoltaic (PV), solar hot water (abbreviated

as “ST” for solar thermal), and solar ventilation preheat (SVP)

systems. The report states:

Planning for the eventual installation of a solar system when designing a building can significantly improve the economics of the investment. Installation efficiency can be maximized and costs minimized by understanding these systems’ requirements and accounting for them during the design and construction of the building….System performance is another significant contributing factor in the economics of PV, ST, and SVP systems. Similar to installation efficiency, system performance can be maximized by planning ahead during the design of the building.

19

See California and Minnesota 20

Available at: http://www.nrel.gov/docs/fy10osti/46078.pdf

Solar Ready Building, Bellingham WA

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There are several issues to be considered for solar ready construction. Some are best addressed at the

subdivision or site planning stages, while others are best addressed during building design.

During subdivision or land development stages, it can helpful to consider layout of future lots and uses

in regard to solar orientation. This is a factor during site planning of specific projects, as well. Specific

items to consider include future solar access or shading from allowed or existing adjacent uses or

planned vegetation associated with the project. During pre-application meetings, and before project

engineering is completed, local government staff and developers may benefit from discussions about

provisions for solar access, solar easements, notes on the face of land divisions, and any solar issues to

be addressed in any association documents such as bylaws or Codes, Covenants, and Restrictions.

During building design, it is important to consider roof slope, rooftop equipment and vent locations,

wind and snow loads, and safety equipment needs. Likely roof mounting systems for the structure

should be considered. Other questions include:

Would future penetrations of the roof for the mounting equipment void the roof warranty?

Is it better to install roof mounting equipment at the time of construction to preserve the roof

warranty?

Is there enough information about the potential future system and potential racking or

bracketing systems likely to be used to be able to confidently install them at the time of building

construction?

The NREL Solar Ready Planning Guide also identifies the following important technical considerations for PV systems include:

Identify electrical panel location for convenient PV system inter-connections and keep adequate space available in the electrical panel for a PV circuit breaker (which may be a double sized electrical panel once the solar energy system is installed).

Specify panel capacity sufficient to accommodate the total power coming into the building (proposed PV system size power generation plus size of breaker protecting the main panel). The National Electrical Code (NEC) allows for the sum of these two sources of power to be 20% greater than the panel rating. Consult the local authority having jurisdiction.

Lay out the suggested locations for the inverter and the balance of system (BOS) components.

Identify the inter-connection restrictions for the location of the building site that apply to grid-tied systems. Begin by reviewing interconnection standards at http://www.dsireusa.org/.

Run electrical conduit from the solar collector location to the electrical panel and other electrical components.

Consider any special load needs (i.e., uninterrupted power supply) and consider whether storage is needed.

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PV panels are more sensitive to shading than solar thermal (ST) panels. Avoid shading PV panels as much as possible. Due to the individual modules of a PV panel being connected in series, even a narrow strip of shading (lightning rods, antennas, etc.) can limit the current of the entire array in that series in some cases.

Find out what the energy production of the proposed system will be using the PVWatts calculation tool, and adjust the system size as needed: http://rredc.nrel.gov/solar/codes_algs?PVWATTS/version1/.

Another aspect to consider is providing documentation when houses are built solar ready. In the event

of a sale, or even staff turnover, it may be helpful for a jurisdiction to have documentation that a house

was built to certain standards. Examples might include roof load capacity, location of conduit for solar

energy system use, and any additional wiring or plumbing that was installed and inspected.

Estimates for building a solar ready two-story home, in comparison to conventional construction, is

approximately $1,000 - $2,000.00 in additional cost. However, in order to convert an existing two-story

conventional home to a home ready for a PV system, the cost can range from approximately $4,000 -

$5,000.00.21 Solar Ready construction may increase the initial cost of the home, however it is more cost

effective for homeowners who desire to install solar energy systems in the future.

There are more advantages than just reduced cost of the eventual installation. Solar ready construction

can serve as a marketing incentive to builders who want to set themselves apart from other builders in

the area. Additional advantages of solar ready construction may include that it creates a sense of

momentum and perhaps even inevitability that solar panels will be installed. In some situations, groups

of homeowners with solar ready homes can work together to obtain bulk purchasing prices on future

installations. Local governments may wish to provide locally determined incentives, such as expedited

permitting, for projects including solar ready construction.

21

Solar Ready: An Overview of Implementation Practices, January 2012. National Renewable Energy Laboratory

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MODEL ORDINANCES & OTHER RESOURCES

Many states have model ordinances local governments can use as a starting point in the crafting of their

own development regulations. The Interstate Renewable Energy Council (IREC) and the Solar America

Board for Codes and Standards (Solar ABCs) have completed research in the US documenting measures

jurisdictions are taking to support the installation of rooftop solar by lowering the installation costs,

including the soft costs (costs not connected directly with the equipment) related to planning, siting and

zoning – e.g., solar access, solar easements, solar rights, and solar ready buildings. They have published

reports and sample policies to support an increase in the use of solar energy through standardized

paperwork and procedures, streamlined policies, and availability of information.

The Solar ABCs website provides sample documents and policies for consideration. These resources are

interactive so the improvement of their information is ongoing and the examples are flexible enough for

individual jurisdictions to modify as necessary to fit their particular situation. Their report, “A

Comprehensive Review of Solar Access Laws in the United States: Suggested Standards for a Model

Statute and Ordinance”22 provides valuable examples and discussion of issues that should be considered

at the local level.

The IREC report, “Sharing Success: Emerging Approaches to Efficient Rooftop Solar Permitting”,23 was

published in May of 2012. The report looks at state, regional, and local measures that can help

streamline permitting of rooftop solar energy systems and identifies jurisdictions around the nation that

have processes worth modeling.

IREC and others support a web portal called DSIRE (Database of State Incentives for Renewables and

Efficiency)24 which provides online access to information about current activities states offer to support

PV (and other renewables), including financial incentive programs, laws, regulations, policies, financing,

and more. The National Renewable Energy Laboratory (NREL)25 also addresses many aspects of

improving rooftop PV, including publishing informative reports on solar ready buildings.

Most of the model ordinances from other state are specific to wind and solar energy facilities, although

the State of Oregon model is comprehensive and includes geothermal and biomass provisions as well.

In prior work, Washington State Department of Commerce summarized model ordinances by other

states. Information is summarized in the “State Model Ordinances for Renewable Energy Facilities”

report, dated October 2011.26

Some states have legislatively addressed certain solar issues. For example, the State of New Mexico adopted the Solar Recordation Act.

“This act [47-3-6 to 47-3-12 NMSA 1978] may be cited as the “Solar Recordation Act.” 47-3-7. Legislative findings and declaration: The legislature finds that in view of the present

22

http://www.solarabcs.org/about/publications/reports/solar-access/index.html 23

http://www.irecusa.org/wp-content/uploads/Sharing-Success-final-version.pdf 24

http://www.dsireusa.org/solar/solarpolicyguide/?id=19 25

http://www.nrel.gov/solar/ 26

http://www.commerce.wa.gov/Documents/GMS-Model-Ordinances-from-Other-States.pdf

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energy crisis, all renewable energy sources must be encouraged for the benefit of the state as a whole. The legislature further finds that solar energy is a viable energy source in New Mexico, and as such, its development should be encouraged. Since solar energy may be used in small‐scale installations and one of the ways to accomplish such encouragement is by protection of rights necessary for small‐scale installations, the legislature declares such protection to be the purpose of the Solar Recordation Act and necessary to the public interest.

Additionally, the State of Massachusetts offers a Smart Growth/Smart Energy Toolkit,27 an excellent

resource of topics, examples, and model language.

Building designs may incorporate solar in their design via the LEED (Leadership in Energy and Efficiency

Design) certification. More and more frequently solar is a basic element of building design and function,

not simply an alternative option for a few. Nationally many jurisdictions are establishing rules and

regulations to address the various aspects of rooftop PV systems.

The State of California enacted the “Solar Shade Control Act.”28 California is often referred to as a guide

for those wanting to support installation of solar energy systems. During 2012 the state published

updated guides for installers and jurisdictions, expedited processes, and policy tools that support long-

term effective use of solar power (e.g., easements). A Solar Permitting Work Group formed from a

variety of stakeholders (interests representing fire prevention and safety, land use, building and

construction, local governments, installers, utility providers, etc.) to develop the latest version of

guidelines.29 However, California’s current law30 does not protect PV system owners from shading by

trees and shrubs planted prior to the installation of the solar energy system, so future conflicts may yet

arise.

Another example of how to manage solar access is offered by the City of Boulder, CO. There they have

the concept of a “solar fence” in solar access areas of town that protects existing or proposed devices,

whether registered or not.31 It is part of a building permit and is required for any new construction to

ensure that one building does not shade another so as to remove solar potential.

For solar access in general, the Solar ABCs report highlights examples from the City of Gainesville,

Florida; Hawaii; Massachusetts; New Jersey; New Mexico; City of Ashland, Oregon; Virgin Islands; and

Wisconsin.32 For local jurisdiction examples, the report referred to Massachusetts and Florida as

noteworthy guides for adaptation to local situations. In Washington State, the Municipal Research

Services Center (MRSC) has compiled resources and local government examples. MRSC has a webpage

dedicated to the topic of Planning for Alternative Energy Facilities . Please see Appendix B for those and

additional examples.

27

http://www.mass.gov/envir/smart_growth_toolkit/ 28

http://www.irecusa.org/uploads/media/Swenson_Paper-State_and_Local_Policies.pdf 29

http://osfm.fire.ca.gov/pdf/firemarshal/California_Solar_Permitting_Guidebook.pdf 30

According to DSIRE summary 31

http://joomla.ci.boulder.co.us/files/PDS/codes/solrshad.pdf, how to calculate the solar fence. 32

See pages 8-10; http://www.solarabcs.org/about/publications/reports/solar-access/index.html

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According to the DSIRE database, 41 of our 50 states and Virgin Islands have solar access policies (rights,

easement, zoning, land-use management, and/or standards) in one way or another.33 The DSIRE

website offers valuable examples and suggestions for state or local jurisdictions to use as they decide

how to respond to the growing momentum of rooftop PV.

In 2009 the U.S. Department of Energy’s Solar Energy Technologies Program worked with the city and

county of Denver, Colorado to develop solar access recommendations34. The recommendations include

information regarding Best Practices for Promoting and Protecting Solar Access.

EXAMPLES FROM WASHINGTON STATE

Washington State Department of Commerce Resource

For jurisdictions interested in aspects of energy and community planning/design, please visit

Commerce’s Energy Aware Communities website.35 The website includes a variety of briefing papers on

energy topics for their consideration in comprehensive plans and zoning ordinances.

Washington State – ESSP

Although local jurisdictions in the ESSP project are early in the process of establishing rules and

regulations within their formal procedures, they are working to support it. For information on the ESSP

grant and products visit www.nwseed.org/essp.asp. Washington’s goal is to identify resources for local

governments and to build upon the technical assistance provided in the work to streamline permitting

processes, information, and policies conducted through the ESSP project, and the technical assistance

materials on Commerce’s Energy Aware Communities webpage.

ESSP - Permitting

Permitting is a significant part of the planning soft costs of a solar installation and one of the areas

identified by various entities (e.g., US Department of Energy, Solar ABCs, IREC) as a place where savings

can be realized. The ESSP organizations worked together to identify a streamlined permitting process

that can be used for most residential rooftop PV systems, since most rooftop installations fall within a

fairly narrow range of technical specifications including size and the types of equipment used. Rather

than try to review all of the information from that in-depth process, please see the Streamlined

Permitting for Solar PV report and the Permitting Action Plan template.36

Washington State – HOA Solar Rights Law

Local Washington governments should be aware of the law that prohibits homeowners associations

(HOAs) from precluding the installation of small renewable energy systems on homes. In Washington

33

http://www.dsireusa.org/solar/incentives/index.cfm?EE=1&RE=1&SPV=1&ST=1&searchtype=Access&solarportal=1&sh=1 34

http://www4.eere.energy.gov/solar/sunshot/resource_center/sites/default/files/solar_access_recommendations_city_and_c

ounty_of_denver.pdf 35

http://www.commerce.wa.gov/Services/localgovernment/GrowthManagement/Growth-Management-Planning-Topics/Climate-Change-and-Energy/Pages/Energy-Aware-Communities.aspx

36 http://www.nwseed.org/documents/ESSP%20Permitting%20Report%20FINAL.pdf

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State, a law37 prevents HOAs from prohibiting the installation of a solar energy panel by an owner or

resident on the owner's or resident's property as long as the solar energy panel:

a) Meets applicable health and safety standards and requirements imposed by state and local permitting authorities;

b) If used to heat water, is certified by the solar rating certification corporation or another nationally recognized certification agency. Certification must be for the solar energy panel and for installation; and

c) If used to produce electricity, meets all applicable safety and performance standards established by the national electric code, the institute of electrical and electronics engineers, accredited testing laboratories, such as underwriters laboratories, and, where applicable, rules of the utilities and transportation commission regarding safety and reliability.

However, the law does allow HOAs to establish rules for them to follow.38 It states that the HOA’s governing documents may:

a) Prohibit the visibility of any part of a roof-mounted solar energy panel above the roof line; b) Permit the attachment of a solar energy panel to the slope of a roof facing a street only if:

i) The solar energy panel conforms to the slope of the roof; and ii) The top edge of the solar energy panel is parallel to the roof ridge; or

c) Require: i) A solar energy panel frame, a support bracket, or any visible piping or wiring to be

painted to coordinate with the roofing material; ii) An owner or resident to shield a ground-mounted solar energy panel if shielding the

panel does not prohibit economic installation of the solar energy panel or degrade the operational performance quality of the solar energy panel by more than ten percent; or

iii) Owners or residents who install solar energy panels to indemnify or reimburse the association or its members for loss or damage caused by the installation, maintenance, or use of a solar energy panel.

The HOA’s governing documents may also include other “reasonable rules” regarding the placement and manner of a solar energy panel.39 Homeowner Associations that address solar panel issues upfront and before such installations are preliminarily designed and submitted for review can certainly influence the design of systems, neighborhood appearance, and save homeowners costs of redesigning systems. By identifying and adopting what is “reasonable” the HOA not only helps homeowners know what is expected that they can then design to, it also provides board members criteria against which to review proposals.40

37

See RCW 64.38.055 38

The law does not apply to common areas within the neighborhood. 39 The law defines a "solar energy panel" as a panel device or system or combination of panel devices or systems

that relies on direct sunlight as an energy source, including a panel device or system or combination of panel devices or systems that collects sunlight for use in: a) The heating or cooling of a structure or building; b) The heating or pumping of water; c) Industrial, commercial, or agricultural processes; or d) The generation of electricity.

40 Over time, as technology changes, HOAs may need to revise/update their provisions.

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Many HOAs are not aware of the recent change in state law and have not amended their CC&Rs to proactively address rooftop solar installations. Local governments can reach out to HOAs, inform them of the law, and provide examples to help the HOAs update their CC&Rs. While each HOA is different and may choose to address solar issues differently within the legal framework, any consistency among the HOAs will help deal with neighborhood issues and help installers understand the requirements and prepare HOA and permit application materials more efficiently.

Washington State – Solar Easement

In Washington State, in reaction to the energy crises in the 1970s, the legislature passed laws in 1979

that apply to solar easements. RCW 64.04.140 authorizes the creation of solar easements to protect

future access that allows a solar energy installation to function. RCW 64.04.150 defines solar easement,

provides for the same conveyance and recording requirements of other easements, and sets forth

information that must be contained in a solar easement. Potential remedies for blocking an easement

are outlined in RCW 64.04.170. RCW 64.04.160 notes that the easement must be created in writing and

RCW 64.04.175 describes how to extinguish or alter an established easement.

Bellingham, WA - Historic Building

PV and historic buildings do not necessarily have to be

contradictory concepts. One success story of installing

PV on a local historical building occurred in Bellingham,

Washington. A full case study is included as Appendix C.

In Bellingham they were able to work with concerned

stakeholders about potential issues and find solutions

that resulted in all parties being satisfied with the

outcome. They were careful to think through the

potential concerns and find a way to work within those

concerns while maintaining the options for installing PV.

One of the main points they focused on was not having

the modules visible from the street, which avoided

many of the concerns of impacting the historical nature of the valued building. The owners and tenants

are pleased with the installation and with generating clean, local energy.

City of Seattle

The City of Seattle addressed various aspects of solar energy as early as 1980 in their codes41 and has

continued to add and update their code and information sources as they move to support solar (and

other clean and efficient energy activities).

In 2010, the City of Seattle reviewed their codes through a DOE grant specifically designed to improve

their management practices for increased solar use.42 This report covers the entire span of codes for

solar – access, easement, historical reviews, trees, etc.

41

www.cityofseattle.net/dclu/cms/groups/pan/@pan/@sustainableblding/documents/web_informational/dpdp018774.pdf Page ES-1 42

www.cityofseattle.net/dclu/cms/groups/pan/@pan/@sustainableblding/documents/web_informational/dpdp018774.pdf

Historic Leopold Hotel, Bellingham, WA

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The City of Seattle published a Client Assistance Memo, or CAM, #420, “Solar Energy Systems” in August

2009 “…to ensure that the two types of solar energy systems most commonly used in Seattle, electric

and hot water, are installed safely and provide maximum benefit to the owner.” The CAM directly

addressed solar access:

In the Single Family and Residential Small Lot zones, a solar collector exceeding the zone height limit must be placed so that it does not shade the property to the north on January 21 at noon any more than a structure built to the maximum permitted bulk for that zone. …In most other zones, the applicant shall either locate a solar collector at least 10 feet from the north edge of the roof, or provide shadow diagrams to demonstrate the lack of additional shading on January 21 as described above. However, this is not required in Downtown or Industrial zones.

Seattle also offers their “Guide to Installing a Solar Electric System” available at www.seattle.gov/

light/solar that helps support efficiency in processing installations via education.

Washington State – Response to 2012 International Fire Code

The Washington State Building Code Council (SBCC) adopted an update of the state building code in

December of 2012. Because of concerns about a proposed new chapter on Solar Photovoltaic in the

2012 International Fire Code, they set up a committee to further consider these impacts. This

stakeholder process began in January 2013 and will delve into the details of the draft fire code language

related to PV and try to identify agreeable solutions. At the time of finalization of this report, a draft of

their recommendations was not yet available.

A number of concerns were identified when the proposed 2012 International Fire Code was reviewed,

including:

Significant reduction in the amount of roof space available for residential solar energy

systems;

Requirements for the setbacks from the roof edges and the access provisions will be

challenging for local government staffs and is likely to result in inconsistent interpretation;

Alternative access and ventilation areas (in the event of a fire) are typically available on

residences with solar equipment;

The requirements for setbacks could result in additional snow loading issues.

Earlier in the process solar installers had proposed some potential approaches that could work for both

first responders and solar installers. The Fire Technical Advisory Group was asked to consider:

Instances when more than 50% of the roof area on both sides of the ridge will be covered

with solar equipment, then the access and ventilation provisions should apply;

If less than 50% of the roof area is covered with solar equipment, a single family residence

should be exempt from the proposed access and ventilation provisions;

Instances when a code/fire official determines there to be other provisions for ventilation

and no need for roof access.

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Solar advocates want to ensure that first responders can do their jobs safely and effectively without

preventing solar installations or creating snow loading or other issues. In addition to submitting the

results of that committee’s work to the Washington State Building Code Council, the results will be

forwarded to the International Code Council for consideration. Issues needing further research:

1) Many fire departments have changed policy, procedures, training, and equipment to avoid

putting firefighters on roofs for safety and insurance reasons.

2) The proposed codes apply to a wide range of buildings. Obviously, a one size fits all approach is

appealing for simplicity; however, many of the building practices, equipment and operations are

very different for single family dwellings and larger commercial buildings.

3) The National Renewable Energy Lab (NREL) has identified a number of code changes that should

be considered in the International Code processes to ensure that new buildings are solar ready.

4) Some codes overlap – fire, building, and electrical. Perhaps mechanisms can be identified to

ensure that code changes “flow through” between the various codes.

Codes have played a huge role in improving our building stock and improving safety, but it is vital that

the code changes make sense on the ground and the processes include input from people in the field in

order to ensure the outcome is supportive of all needs and interests. Issues around fire codes and

rooftop PV are evolving. This is a topic that local governments may wish to stay informed of and ensure

local codes are compliant.

City of Ferndale

City of Ferndale, Washington has a program called the EAGLE program (Energy Efficient Design,

Advanced Technologies, Greater good, Low Impact and Economic Development)43, one aspect of which

is to promote the use of solar energy.

Additional local examples are included in Appendix B.

43

http://www.cityofferndale.org/cdd/Planning/plansAndDocuments/Eagle%20Program.pdf

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SUMMARY

Local governments can facilitate residential and small commercial rooftop solar electric systems (PV)

through their planning and zoning efforts. Local governments can take action to advance PV through

comprehensive planning policies and guidance, development regulations and standards, permitting

processes, and education and outreach efforts. In most cases, local governments are not the providers

of electricity and, therefore, will need to work closely to ensure both the utility’s and jurisdiction’s needs

are addressed.

A comprehensive plan sets forth the community vision for its future, describing how the area will change

over a period of time (generally 20 years or more) and often highlights community attributes to be

protected or expanded upon. The plan serves as guiding policy in the crafting of development

regulations and decision-making. Local governments can add goals and policies, or even an optional

Energy Element, to its comprehensive plan.

Development regulations include adopted definitions, standards, and requirements for how future

growth or redevelopment will occur. The regulations also typically identify the permitting and decision-

making processes for application review, as well as how amendments to the development regulations

will be processed. Local governments can choose to include measures that would better facilitate

residential renewable energy systems, including rooftop solar.

Issues related to rooftop PV systems that a jurisdiction may want to consider and determine how to best

address locally in the comprehensive plans and development regulations include permitting, solar rights,

solar easements, trees and vegetation, fire codes and safety, and solar ready buildings. Great national

and local examples of policies and procedures already used by jurisdictions can be valuable resources to

help ease and speed up the implementation of plans and improvements in our Washington jurisdictions.

The Evergreen State Solar Partnership is providing these resources to all Washington jurisdictions to

consider as we work to encourage rooftop PV and to improve efficiency and effectiveness in working

with rooftop PV now and into the future.

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APPENDICES

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APPENDIX A – GENERAL RESOURCES American Planning Association: Solar Ready Homes:

http://www.planning.org/pas/infopackets/open/pdf/30part5.pdf Planning and Zoning for Solar Energy

http://www.planning.org/pas/infopackets/open/eip30.htm Zoning Practice: Practice Solar Access:

http://www.planning.org/pas/infopackets/open/pdf/30part1.pdf (first article) Solar Briefing Papers http://www.planning.org/research/solar/briefingpapers/

Solar Community Engagement Strategies for Planners

Solar Mapping

Integrating Solar Energy into Local Plans

Integrating Solar Energy into Local Development Regulations

Balancing Solar Energy Use with Potential Competing Interests

Recycling Land for Solar Energy Development Solar Energy Resources List: http://www.planning.org/research/solar/resources.htm

California County Planning Directors Association, Solar Energy Facility Permit Streamlining Guide:

http://www.ccpda.org/solar

City of Boulder, Colorado – Building Guide: Solar Access Guide or Solar Shadow Analysis: http://joomla.ci.boulder.co.us/files/PDS/codes/solrshad.pdf City of Ferndale, Washington - EAGLE program: http://www.cityofferndale.org/cdd/Planning/plansAndDocuments/Eagle%20Program.pdf City of Seattle 2010 Code Gap report:

www.cityofseattle.net/dclu/cms/groups/pan/@pan/@sustainableblding/documents/web_informational/dpdp018774.pdf

City of Seattle, Seattle City Light - Appendix C: Solar Access and Solar Easements: Recent Reports and Example Ordinances (October 2009):

http://www.seattle.gov/dpd/cms/groups/pan/@pan/@sustainableblding/documents/web_informational/dpdp018771.pdf

Database of State Incentives for Renewables and Efficiency (DSIRE):

(a) Solar Access Laws: http://www.dsireusa.org/solar/solarpolicyguide/?id=19

(b) List of current state rules, regulations, policies – covers solar access, solar rights, solar easements, zoning, land use: http://www.dsireusa.org/solar/incentives/index.cfm?EE=1&RE=1&SPV=1&ST=1&searchtype=Access&solarportal=1&sh=1

(c) Washington State Solar Easements, Rights, and Laws:

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http://www.dsireusa.org/solar/incentives/incentive.cfm?Incentive_Code=WA02R&re=1&ee=1 Interstate Renewable Energy Council (IREC) - Sharing Success Emerging Approaches to Efficient Rooftop Solar Permitting: http://www.irecusa.org/wp-content/uploads/FINAL-Sharing-Success-w-cover-revised-final052012.pdf Mid America Regional Council - Best Management Practices for Solar Installation Policy in Kansas City and Beyond:

http://marc.org/environment/Energy/assets/BMP%20Planning%20Step%202-1%20A%20Improve%20Solar%20Readiness.pdf

Municipal Research Services Center – Green Power and Renewable Energy webpage:

http://www.mrsc.org/subjects/planning/energy/e-alternative.aspx Municipal Research Services Center – Solar Energy Facilities webpage: http://www.mrsc.org/subjects/planning/energy/e-solar.aspx National Renewable Energy Laboratory - Solar Ready: An Overview of Implementation Practices:

www.nrel.gov/docs/fy12osti/51296.pdf

National Renewable Energy Laboratory - Solar Ready Buildings Planning Guide:

www.nrel.gov/docs/fy10osti/46078.pdf

Solar 3.0: A National Platform for Process Innovation:

http://solar30.org/ Solar 3.0 is an outreach initiative to promote process innovation in American cities

through the standardization of local land use, zoning code ordinances, permitting processes and interconnection rules for distributed solar PV. Funded by the U.S. Department of Energy, the main goal of Solar 3.0 is to increase the competitiveness of solar PV by reducing non-hardware balance-of-system costs by 50% in identified U.S. solar communities by 2014.

Solar America Board for Codes and Standards (Solar ABCs) – A Comprehensive Review of Solar Access Law in the United States: Suggested Standards for a Model Statute and Ordinance:

http://www.solarabcs.org/about/publications/reports/solar-access/pdfs/Solaraccess-full.pdf Solar America Board for Codes and Standards (Solar ABCs) – Expedited Permit Process for PV Systems: A Standardized Process for the Review of Small-Scale PV Systems

http://www.solarabcs.org/about/publications/reports/expedited-permit/pdfs/Expermitprocess.pdf Solar Powering Your Community: A Guide for Local Governments: http://www4.eere.energy.gov/solar/sunshot/resource_center/sites/default/files/solar-

powering-your-community-guide-for-local-governments.pdf

Solar-Ready Building Guidelines: https://www.solarroadmap.com/srmdata/userfiles/Resource-Section_Overview-of-Solar-Ready-Buildings.pdf

Solar Ready Building Design Guidelines for the Twin Cities, Minnesota:

http://mn.gov/commerce/energy/images/Solar-Ready-Building.pdf

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State and Local Policies Affecting the Advancement of Renewable Energy Sources by Erik J. A. Swenson et al. Published in American Bar Association Energy Committees Newsletter Vol. 4, No. 1, January 2007:

http://www.irecusa.org/uploads/media/Swenson_Paper-State_and_Local_Policies.pdf State of California - Solar Permitting Guidebook (2009):

http://osfm.fire.ca.gov/pdf/firemarshal/California_Solar_Permitting_Guidebook.pdf State of Colorado Governor's Energy Office - Solar Ready Homes Guide: Colorado's Solar Ready Homes Bill:

http://rechargecolorado.org/images/uploads/pdfs/Solar-ready_homes_guide_-_Colorado_20101220.pdf

United States Department of Energy, Solar Energy Resource Center, Designing and Building Houses that are Solar Ready:

http://www4.eere.energy.gov/solar/sunshot/resource_center/resources/designing_and_building_houses_are_solar_ready

University of San Diego School of Law, Energy Policy Initiatives Center - California Solar Rights Acts: A Review of the Statutes and Relevant Cases: http://www.sandiego.edu/epic/research_reports/documents/100426_SolarRightsAct_FINAL.pdf Washington State Department of Commerce Policy Brief – State Model Ordinances for Renewable Energy Facilities

http://www.commerce.wa.gov/Documents/GMS-Model-Ordinances-from-Other-States.pdf Washington State Department of Commerce Policy Brief – Streamlining Local Government Project Review and Permitting of Renewable Energy Facilities and Infill Development http://www.commerce.wa.gov/Documents/GMS-Streamlining-Project-Review-Permitting.pdf Washington State Department of Commerce - State Energy Office http://www.commerce.wa.gov/Programs/Energy/Office/Pages/default.aspx

Washington State Department of Commerce Technical Assistance - Energy Aware Communities: http://www.commerce.wa.gov/Services/localgovernment/GrowthManagement/Growth-Management-Planning-Topics/Climate-Change-and-Energy/Pages/Energy-Aware-Communities.aspx

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APPENDIX B – EXAMPLES City of Bothell - Adopted Ordinance # 2107 (2012) addressing alternative energy and electrical vehicle infrastructure City of Edgewood Comprehensive Plan – Energy Element

http://cityofedgewood.org/depts/planning/Comp%20Plan/Energy%20Element.pdf

City of Edmonds Comprehensive Plan - Community Sustainability Element http://www.edmondswa.gov/images/COE/Government/Departments/Development_Services/Planning_Division/Plans/Comp_plan.pdf

City of Lynnwood Comprehensive Plan – Energy and Sustainability Element http://www.ci.lynnwood.wa.us/Assets/City+Wide/Plans/Comprehensive+Plan.pdf City of Olympia Comprehensive Plan – Energy Element http://olympiawa.gov/~/media/Files/CPD/Planning/LongRange/Forms/CPChapter8.ashx Creekside HOA Solar Guidelines – Salem, Oregon:

http://www.sustainablecreekside.org/2010/03/creekside-hoa-board-approves-solar.html http://lohrman.com/blogimage/ApprovedGuidelines.pdf

Pioneer Crossing West HOA – What are the Guidelines for Solar Panel Installation? Austin, Texas: http://www.pioneercrossingwest.org/faqs/217 Solar ABCs - A Comprehensive Review of Solar Access Law in the United States: Model Statute/Ordinance to Encourage Access to Solar Energy (page 12-14): Components of Solar Access Legislation (pages 10-11): http://www.solarabcs.org/about/publications/reports/solar-access/pdfs/Solaraccess-full.pdf

From Municipal Research Services (MRSC) Website: Cities and Towns Bainbridge Island

o Bainbridge Island Municipal Code Sec. 18.18.020 - Encouraging Sustainability - solar panels and small wind energy generators

o Bainbridge Island Municipal Code Ch. 18.09 - Use Regulations - See provisions for wind and solar

o Bainbridge Island Municipal Code Ch. 18.12 - Dimensional Standards - See provisions for wind and solar

Burlington Municipal Code Sec. 17.48.110 - Solar Access Issaquah

o Issaquah Municipal Code Sec. 18.07.060(4)(i) - Development Standards Applicable to All Districts - Building Height - height restrictions related to solar facilities

o Issaquah Municipal Code Sec. 18.06.130 - Table of Permitted Land Uses - Accessory and Temporary Uses

Kent Municipal Code Sections. 15.08.230 - .234 - Solar Access Lynnwood Municipal Code Sec. 21.42.400(A) - Accessory Structures and Uses - Solar Energy

Systems Marysville Municipal Code Ch. 22C.270 - Solar Energy Systems

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Seattle o Seattle City Light Solar Energy o Seattle Department of Planning and Development Solar Energy Systems, Client

Assistance Memo CAM 420, August 2009 o Seattle Ordinance No. 122935 - Updates and clarifies use provisions and development

standards, provides new height limit exceptions, revises landscaping requirements including the Green Factor, clarifies and updates parking requirements, and corrects technical errors, passed 03/16/2009 - See Sections. on wind-driven power generators

From Municipal Research Services (MRSC) Website: Counties

Benton County Code Sec. 11.18.050 - Allowable Uses - See (25-26)Wind turbines, (28) solar power (28) Wind turbine or a wind turbine farm with heights greater than 350 feet

Issaquah Comprehensive Plan Utilities and Public Services Element Douglas County Code Ch. 18.80 - Conditional Use - See Energy generation facilities as a primary use

in Conditional Use Permit Matrix Kittitas County Code Ch. 17.61 - Utilities Kitsap County Energy Plan Klickitat County

o Klickitat Zoning Code - See Use Classification Sec. 2.30 - Energy Overlay Zone (EOZ) (page II-30-1)

o Index to Final Energy Overlay Zone and EIS Files Whatcom County

o Whatcom County Code Ch. 20.35 - Eliza Island EI District, and Sec. 20.35.100 - Accessory Uses and Sec. 20.35.150 - Conditional Uses, includes solar and wind power

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APPENDIX C - LEOPOLD RESIDENCE

HISTORIC BUILDING CASE STUDY

The Leopold Retirement Residences

At first it might seem daunting to consider installing solar

on historic buildings, but it may help to know that there

are examples of other historic buildings that have

succeeded. One successful example is the Leopold

Retirement Residence in Bellingham, Washington, which

installed an 8.6 kW array in December 2011.

The hotel was originally built in 1899 by Captain H.C. Byron, naming the building for himself, the Byron

Hotel. In 1910, Leopold Schmidt, the brewmaster at Bellingham Bay Brewery, acquired the hotel. When

he died in 1914, his hotel manager, Henry Schupp, renamed the hotel in his honor. Most of the hotel

was demolished in 1967, but today the refurbished heart of the building is operated under the same

name and houses 91 apartments for retirees in the heart of downtown Bellingham. The Leopold is on

both the local Bellingham Historic Register and the National Register of Historic Places.

In more recent history, the retirement residence has had a track record of proactive sustainability

involvement. As one of the first to join the Community Energy Challenge via Sustainable Connections,

the Leopold has been working toward sustainable energy use for years. With new incentives for PV, it

was a natural step for the owners to look into installing a rooftop solar array.

Initially there were concerns about how to install solar photovoltaics without compromising the

building’s historic significance. Due to its listing on the local historic register, the Leopold’s plan needed

approval by the Bellingham Planning Department.

Local Historic Register

The Leopold’s owners contacted the city’s Planning and Community Development Department. City

Planner Jackie Lynch emphasized that Bellingham “is extremely eager to work with historic building

owners to make these kinds of projects work. These are a win-win because the solar panels add to the

value of the historic buildings while decreasing their operating costs and increasing the financial viability

of the buildings; ultimately this can help building owners maintain their historic buildings even longer.”

To that end, the City of Bellingham offers support, including site specific consultation, for these kinds of

projects.

In the case of the Leopold, it was possible to design the system so that it would not be visible to the

public. This required a small adjustment to the angle at which the panels were mounted, but kept them

below the height of the parapet surrounding the roof. Drawings demonstrating this were submitted and

the City was able to give the owners a determination that the change was not an alteration of the

building’s historic character and was therefore exempt from further design review.

Had the panels been visible to the public, then the project would have been considered an “alteration”

which would have then needed to be reviewed by the Historic Preservation Commission. That

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Commission would have decided whether the alteration was significant to the historic nature of the

structure. Each municipality has its own review process and criteria for local register listing, so check

with the local planning department in each case. In this case, early consultation with city staff helped

make a small change to the plan and saved extra steps later.

A list of certified local government (CLG) programs and the contact person for each is available on the

Washington State Department of Archaeology and Historic Preservation’s website at

http://www.dahp.wa.gov/clg-program-participants

National Register of Historic Places and the Washington State Department of Archeology and

Historic Preservation

It is also important to follow guidance set forth by the Washington State Department of Archaeology

and Historic Preservation (DAHP). This office must be involved if there is a state or federal nexus

supporting a project, such as the use of capital funds from the Washington State Legislature, Federal

grants or other Federal funds, Federal permits, or Federal licenses. DAHP’s Preservation Design

Reviewer emphasized that their office, like the City of Bellingham, believes solar energy provides an

important benefit and can be compatible with historic structures. DAHP’s role is to help make them less

intrusive on historic structures.

When a project has a state or Federal nexus, DAHP works with applicants through a series of steps to

determine whether a proposed project has an impact on a potentially eligible or register-listed historic

structures. This review is mandatory where public funds support the project. The review process starts

with determining whether or not a property is eligible for inclusion on the National Register:

Is the building over 45 years old, or does it exhibit exceptional historic significance?

If so:

o Is the building currently listed on the National Register of Historic Places?

o Is it within the boundaries of a historic district?

o Does the project have the potential to affect eligible or listed historic properties? (These are not limited to buildings – landscapes and archaeological sites may also be considered)

If any of the above is true, a more careful review of the effects of the project is triggered. Through

guidance from the National Park Service regarding solar panel installation and interpretation of the

Secretary of the Interior’s Standards for the Treatment of Historic Properties (Standards), DAHP reviews

proposed installations to ensure that the Standards are being met. As DAHP staff emphasizes, “there are

usually good options to do solar in a non-intrusive way. When it comes to solar panels, it’s all about

placement. And we want to work with building owners to get to a project that works.” Had the Leopold

project (a National Register listed property) been officially reviewed by DAHP, the solar panels would

have been acceptable and warranted an opinion that the installation has no adverse effect, given its

relatively low profile and visually unobtrusive placement on the roof.

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Although not typical, in the case of the Leopold, it was determined that, because the project was not

visible to the public, it met an established categorical exemption and would not impact the historic

character. In this case, meeting the local standard was sufficient to ensure compliance with the state’s

rules as well.

For more information, please contact the Department of Archaeology and Historic Preservation and visit

their website at http://www.dahp.wa.gov/compliance-historic-buildings-2. For guidance from the

National Park Service regarding solar panel installation, visit

http://www.nps.gov/tps/sustainability/new-technology/solar-on-historic.htm.

Although local historic building code requirements vary throughout Washington, this case is a clear

example of how state-of-the-art solar photovoltaic technology can become a seamless part of historic

buildings. David Johnston, one of the owners of the Leopold often talks about how the residents are

proud to live in a building that is both a historic landmark and that is actively implementing clean energy

strategies.

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APPENDIX D – EXAMPLE PERMITTING CHECKLISTS Berkeley, California: The City of Berkeley has a checklist for Solar PV Panel Installations and one for Solar Thermal Hot Water Installations.

http://www.cityofberkeley.info/uploadedFiles/Online_Service_Center/Planning/ApplicantCheckListforSolarPanelInstallations.pdf

http://www.cityofberkeley.info/uploadedFiles/Online_Service_Center/Planning/Applicant%20Checklist%20for%20Solar%20Thermal%20Hot%20Water.pdf

Boulder County, Colorado: Solar Photovoltaic Systems Checklist, http://www.bouldercounty.org/doc/landuse/b46solarphotovoltaicchecklist.pdf For Jurisdictions within Sonoma County, California: Residential Rooftop Photovoltaic Systems, Information and Checklist: http://ci.sebastopol.ca.us/sites/default/files/sbd/residential_rooftop_pv_-_solar_sonoma_county_-_10-09-2012doc.pdf Best Management Practices for Solar Installation Policy in Kansas City and Beyond: Planning Improvements http://www.marc.org/environment/energy/assets/BMP%20Planning%20Step%202-1%20A%20Improve%20Solar%20Readiness.pdf City of Martinez: Plan Submittal Checklist for Residential Rooftop Solar PV Systems: http://solarfastrac.net/5/Solar%20PV%20Permit%20Submittal%20Checklist%20(Residential).pdf Tucson, Arizona: The City of Tucson has a Residential Photovoltaic Template, which includes a checklist for electrical and structural requirements for obtaining a permit. http://cms3.tucsonaz.gov/sites/default/files/dsd/Permit-review/residentialphotovoltaicelectrical_ii.pdf Evergreen State Solar Partnership: Photovoltaic Systems on Residential Rooftops: Building & Zoning Review Checklist (Working Draft, see next page)

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Photovoltaic Systems on Residential Rooftops Building & Zoning Review Checklist (Working Draft)

THIS SECTION TO BE COMPLETED BY APPLICANT

Project Information

Application/Project No.:

Project Address:

Project Applicant:

PV system size/description:

General Criteria

Yes No Comments

1. PV system is designed and proposed;

for a detached single family house

for Rooftop

2. The house is in general compliance with local building, land use and zoning codes

3. Mounting system is engineered and designed for PV.

4. Work to be done with approved electrical permit.

Structural Criteria

Yes No Comments

5. Roof covering is lightweight material such as shingles.

6. To address uplift, panels are mounted no higher than 18” above the surface of the roofing to which they are affixed. Except for flat roofs, no portion of the system may exceed the highest point of the roof.

7. Total dead load of panels, supports, mountings, raceways and all other appurtenances; a. Weigh no more than three and one-half (3.5)

pounds per square foot (PSF) or b. Frameless panels on at least 3/12 pitch roof

weigh no more than four and one-half (4.5) PSF

8. Supports for solar panels are installed to spread the dead load across as many roof-framing members as needed to ensure that no point loads in excess of fifty (50) pounds are created.

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Yes No Comments

9. Attachment to the roof is specified by the mounting system manufacturer.

10. Method and type of weatherproofing roof penetrations is provided

Land Use and Zoning Criteria

11. Home is code compliant to setbacks and height, or code allows expansion of nonconformity for solar panels.

12. Panels are mounted on pitched roof no higher than the roof ridge or apex of roof

I UNDERSTAND THAT THIS DOES NOT CONSTITUTE A PERMIT

I attest that all information in this checklist is true and correct to the best of my knowledge.

Applicant’s Signature:

Date:

Applicant’s Name (PLEASE PRINT)

TO BE COMPLETED BY STAFF

Building Permit Required

Signature Date

Yes No

Building

Land Use

Comments

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APPENDIX E – GLOSSARY ALTERNATIVE ENERGY – energy produced by a method that is not the main-stream, standard or common way of producing energy. Most people in the United States are accustomed to thinking of receiving their electricity from sources like natural gas, coal, or hydropower dams. Solar, wind, biogas and other “renewable energy” systems often are called “alternative” because they are not as common as natural gas and fossil-fuel based methods of producing power. HOA – “HOA” stands for Home Owner’s Association. It is one example of a neighborhood-run governing

body, which is a group of people who set rules and regulations over a living space. This can be an HOA

which is a group of homeowners who govern over all home owners within a set geographical area; it can

be within a condominium space which is condominium owners who govern over that condominium

complex; it can be any set of people who agree to live under the governing body of that set of living

spaces.

IREC – the abbreviation for the Interstate Renewable Energy Council; a non-profit with the purpose of

connecting people, ideas and technology to produce measurable results. http://www.irecusa.org/

JURISDICTION – an area managed by a government agency. It can be “local” which usually means the

level of a City or County, or it can be at the state level.

NREL – the abbreviation for the National Renewable Energy Laboratories, a national laboratory of the U.S. Department of Energy, Office of Energy Efficiency & Renewable Energy, operated by the Alliance for Sustainable Energy, LLC. http://www.nrel.gov/ PV – the abbreviation for Photovoltaic. PV is a technology using the sun’s rays to produce electricity via

a silicon wafer; many wafers are in a framed structure that is called a “module.”

RCW – Revised Code of Washington

RENEWABLE ENERGY – energy produced from natural resources which are continuously replenished such as sunlight, wind, tides, waves, and geothermal heat. Solar ABCs – the abbreviation for the Solar America Board for Codes and Standards. It is a collaborative

effort among experts to formally gather and prioritize input from the broad spectrum of solar

photovoltaic stakeholders including policy makers, manufacturers, installers, and consumers resulting in

coordinated recommendations to codes and standards making bodies for existing and new solar

technologies. The U.S. Department of Energy funds Solar ABCs as part of its commitment to facilitate

widespread adoption of safe, reliable, and cost-effective solar technologies. http://www.solarabcs.org/

SOLAR ACCESS – the ability of the sun’s rays to directly shine on a particular spot. Also used as a term to

include the concepts of solar rights and solar easements, in that solar access is one’s ability to use solar.

SOLAR EASEMENT – when the owner of a solar system has the official ability to maintain their access to

the sun on their system, even if that access crosses over another property line and requires that other

property owner to limit their activities to allow trees to grow, build structures, or do other activities that

block the sun from reaching the solar system.

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SOLAR INSTALLATION MAPPING – the process of tracking where solar energy systems have been

installed. It is helpful for conveying information to the public and utilities, as well as tracking various

aspects of the solar energy systems. For example, some jurisdictions may wish to know the location,

what type of building the systems are installed on (e.g., single family, commercial, government-owned),

the system size, and the system type (water, PV, wind, geothermal). Gathering this information can be

tied to the permitting process when staff is already collecting information on the installation. The

information can be put into a database and accessed by the agency that maps the energy system; or a

separate agency can coordinate data gathering with the permitting process.

Solar system installation mapping also can be an important tool for firefighters, providing information

regarding where solar systems are located. This can be valuable as part of their information gathering

process in preparation for the buildings they may have to respond to in the event of a fire.44

SOLAR READY BUILDING – to incorporate design features that offer the option of utilizing solar, even if

it is not put in to place at the time. One example is to build the roof so that it is facing south and is

sloping at the best angle to take full advantage of the solar potential at that particular location. Another

example is to install the piping in the walls to run solar hot water or solar electric systems. These pre-

designed features allow solar to be utilized by any of the future homeowners via a much easier and

cheaper installation since the infrastructure is in place already when it is much cheaper to place items in

the wall or to build it appropriately from the start rather than having to remodel to support the solar

system. It also offers the most efficient use of the sun as solar collection areas (often the roof) are

facing the way they need to be to capture the sun’s energy potential.

SOLAR RIGHT – one’s right or ability to install a solar energy system. HOAs and/or jurisdictions have

been known to have rules that do not allow or limit one’s ability to install a system by blatant or tricky

guidelines.

SOLAR WINDOW – the range from morning until night when the sun reaches a particular spot without

shading.

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Per City of Seattle Gap Analysis, pages ES-6