DOCSLIB.ORG

Use Laws to Preserve Trees

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Use Laws to Preserve Trees A Western Street Tree Management Symposium Presentation ~ Integration of the California Solar Act with Urban Forestry ~ Trees & Climate Change Los Angeles County Arboretum, California Ayers Hall January 14, 2010 Presented by: Dave Dockter, Environmental City Planner-- ASCA, ISA, APA City of Palo Alto Planning Department, California, USA California Solar Act & Urban Forestry~Integration Topical Agenda I. Solar Systems 101, the basics II. The CA Solar Act (Public Resources Code) Relationship to trees and fiscal impact III.The CA Santa Clara v. Sunnyvale Case IV.The Graphics & Shadow Study Components V. Summary Discussion with Attendees Targeted Audiences: Solar Unit Sales Managers, Resident Property Owners,l Urban Forest Mangers, Architects, Arborists who Consult, Attorneys, Planning and Council Commissioners,Govt. staff, Landscape Architects, Educators & Students, Engineers, Environmental Consultants, PE’s SUMMARY SLIDE: Where are the trees governed by codes? California Solar Act & Urban Forestry~Integration STREET TREES: 1 MUNI-CODE/CITY PROPERTY 1 2 2 RESIDENTIAL TREES: TREE ORDINANCE COMMERCIAL 4 PROPERTY TREES: ZONING, 3 HILLSIDE, COASTAL, STREAMSIDE OR 3 OTHER ENVIRONMENTAL SITE SCHEME ORDINANCES 4 SOLAR ACCESS: CA SOLAR ACT / ANY PROPERTY NORTH California Solar Act & Urban Forestry~Integration Attendee Information on Solar Shade Act is important to you as a ‘front-line’ audience 1. Solar Company Industry & Sales Managers: 2. Utility Rebate Entity 3. Urban Forest Managers 4. Architects 5. Arborists who consult 6. Attorneys 7. Other secondary persons who are involved with policy setting, sustainability & energy criteria, zoning or code enforcement California Solar Act & Urban Forestry~Integration Solar Energy System Basics¹ The Solar Photovoltaic (PV) panels Solar (PV) panels: Generate electric current by converting direct sunlight radiation to electricity. Optimum when perpendicular to the sun. Unobstructed high angle summer sun produces more than tree obstructed low angle winter sun Solar thermal systems: Use the sun to heat water, either active or passive. May require less surface area than PV. Requires a storage tank for heated water or pool ¹Zoning Practice. American Planning Association. Issue Number 4. Solar Access. April 2009 California Solar Act & Urban Forestry~Integration Ground mounted PV Single cell, Roof mounted PV unlinked California Solar Act & Urban Forestry~Integration Cells are connected ‘in- line’, like a daisy chain Shading cells mid-line from a tree or building may diminish or cancel out the remaining PV cells in the line. California Solar Act & Urban Forestry~Integration Incentives for the Solar Energy Systems Federal, State and Tax Credits Income tax deduction to 30% of installation cost (renewable Energy Tax Credit 2008): For an average $30,000 residential installation, income deduction would be $8,000 to $10,000 in a tax year. Local governments have renewable energy loan programs as part of their overall climate change plans. Loan repayment times of between 10 and 30 years thru utility bill savings or property tax bills. California Solar Act & Urban Forestry~Integration Incentives for the Solar Energy Installation Solar Collector companies and local agencies provide loan programs to lower upfront cost: For a comprehensive listing of incentive programs browse the Database of State initiatives for Renewable and Efficiency (DSIRE), via North Carolina State University. Expidential numbers of Solar Collector increase should be expected in all areas of residential, commercial, educational hillside and grassland areas. Cities in northern california recorded more than 11,500 new solar PV systems between 1998-2007. 2007- 2010 may have tripled this number. California Solar Act & Urban Forestry~Integration Solar Access Protection CA Solar Shade Control Act of 1979 (old law) Originally drafted prohibited shading of solar collectors due to tree growth a solar system is installed. Must maintain tree size indefinitely. No more than 10% of the PV can be shaded between 10a.m. and 2p.m. Location must be 5-feet from property line and 10-feet from ground. Law required trees to remain ‘static’ in size and shade cast when encroaching on a PV system. Public and private urban shade tree investments and benefits were at significant risk if PV systems were not installed in prime locations. California Solar Act & Urban Forestry~Integration d oo w se ed a R C e ity ul C s ap C • Solar PV panel array proposed for the south facing roof exposure. • City street tree would need to be topped annually for solar access, thereby eliminating long term service benefits of the large canopy tree Application was denied resource. •Photo story by Gordon Mann California Solar Act & Urban Forestry~Integration Solar Access Protection CA Solar Shade Control Act of 2009 (current law) California Public Resources Code Chapter 176, Sec 25981-25985 The original 1979 Solar Shade Act Trees must allow optimum shade of 10% or less between 10 am and 2 pm. Santa Clara County v. Treanor. AKA, Sunnyvale/Santa Clara case. 2007-2008. Law reform legislation was brought by Senator Joe Simitian after the residential solar conflict with trees issue was brought to his attention by his annual, ‘There otta be a law’ contest. The 1979 law was amended in 2008 to address issues that stemmed from the landmark Sunnyvale/Santa Clara court case. California Solar Act & Urban Forestry~Integration CA Solar Shade Control Act of 2009 (current law) Changes now in effect Exemptions to the Act if trees were planted before the installation of a solar collector Includes the future growth of a tree, and its replacement if the tree dies or is removed. Exemption provides for the future growth of the tree, as well as its replacement if the tree dies or is removed. Definition of solar collector was changed to include PV devices on the ground. Ground installation locations may increase the occurrence of tree conflicts in densely populated zones. California Solar Act & Urban Forestry~Integration CA Solar Shade Control Act of 2009 (current law) Changes now in effect Changed the remedy of a violation from a public nuisance to a private nuisance. State no longer prosecutes, civil matter not adjudicated by local govt. In other words, the burden is now on both parties, instead of the defendant tree owner against the public nuisance criminal violation. (Ex., the Sunnyvale (Treanor) v. Santa Clara County (DA) Exempts trees that are subject to a local city or county ordinance, such as: Tree Ordinance protected trees (muni-code) Publicly owned trees (muni-code) Zoning trees (designated as part of a formal landscape plan required by a entitlement approval) California Solar Act & Urban Forestry~Integration CA Solar Shade Control Act of 2009 (current law) Changes now in effect Changed the remedy of a violation from a public nuisance to a private nuisance. State no longer prosecutes, civil matter not adjudicated by local govt. In other words, the burden is now on both parties, instead of the defendant tree owner against the public nuisance criminal violation. (Ex., the Sunnyvale (Treanor) v. Santa Clara County (DA) Excludes a solar collector that is designed and intended to offset more than the building’e electric demand. In other words, a system cannot generate a profit or prevail over a tree even if it has ‘first right’ designation. California Solar Act & Urban Forestry~Integration Shading Study, Spring 10AM Correct Placement Solar Thermal Panels Photovoltaic PV Panels Redwoods, north side Oaks, south side California Solar Act & Urban Forestry~Integration Shading Study, Fall 10AM Not optimum placement Redwoods, north side Oaks, south side California Solar Act & Urban Forestry~Integration Panels Shading Study, Winter 10AM shaded in excess of Not optimum placement 10% Tree canopy growing in size Redwoods, north side Oaks, south side California Solar Act & Urban Forestry~Integration Fox 2 Video District Attorney vs. Sunnyvale (Treanor) case 2008 California Solar Act & Urban Forestry~Integration Case Capsule Vargas vs. Treanor Mercury News Photo California Solar Act & Urban Forestry~Integration Mercury News Photo • Solar PV panels installed low in the shade cast of Case existing redwoods Capsule • Subject to prior 1978 law provisions. Two trees in violation of 10%+ panel shade Vargas • If subject to the 2009 law vs. provisions, trees, future growth and replacement Treanor would prevail California Solar Act & Urban Forestry~Integration Ned Patchett, ProjectType Arborist II er m um S n Su California Solar Act & Urban Forestry~Integration Type II Ned Patchett, Project Arborist un r S te in W California Solar Act & Urban Forestry~Integration Document trees on plot plans to locate the PV panels in optimum PV Panels locations PV Panels • Plans for site, zoning review PV Panels and building permit for the solar collector unit location • Show presence of trees, including on neighboring lot that may cast shadow near proposed PV panels California Solar Act & Urban Forestry~Integration Related solar access case: New 3-story Hotel An Oak tree is Century old identified as a Coat Live Oak being protected biological and supplied resource with solar access Environmental impact tree saving measres were created Solar Access Study of Shading (required by planning staff) for a mature Coast Live Oak revealed significant foreseeable impact. Mitigation was required. Rooms were swapped w/ other areas, bldg & roof were notched, and new study reflects acceptable increase in solar access. Tree protection
Load more

Recommended publications
  • Access Rights for the Solar User: in Search of the Best Statutory Approach
    Land & Water Law Review Volume 16 Issue 2 Article 3 1981 Access Rights for the Solar User: In Search of the Best Statutory Approach Robert W. Tiedeken Follow this and additional works at: https://scholarship.law.uwyo.edu/land_water Recommended Citation Tiedeken, Robert W. (1981) "Access Rights for the Solar User: In Search of the Best Statutory Approach," Land & Water Law Review: Vol. 16 : Iss. 2 , pp. 501 - 523. Available at: https://scholarship.law.uwyo.edu/land_water/vol16/iss2/3 This Comment is brought to you for free and open access by Law Archive of Wyoming Scholarship. It has been accepted for inclusion in Land & Water Law Review by an authorized editor of Law Archive of Wyoming Scholarship. Tiedeken: Access Rights for the Solar User: In Search of the Best Statutory COMMENTS ACCESS RIGHTS FOR THE SOLAR USER: IN SEARCH OF THE BEST STATUTORY APPROACH "In the final analysis, almost all the energy avail- able to man is solar: fossil fuels are simply the stored legacy of past photosynthesis, the fissionable elements are formed in a solar furnace; and a ther- monuclear,1 fusion reaction is essentially a miniature sun." The above statement contains a profound fact that was long overlooked in our energy consumptive society. Not until the oil embargo of 1973 did the United States begin to consider solar energy as a viable, efficient replacement for the energy needs of the country. Clearly the substitu- tion of solar for fossil fuels or nuclear energy would re- quire enormous capital expenditure, however, solar power is extremely attractive as a source of energy at the local level.2 Moreover, with the onslaught of the need to develop new energy sources it was soon discovered that the legal system did not encourage the wide-scale development of solar power.
    [Show full text]
  • Report on the Database on Laws and Policies Related to Renewable Energy
    Report on the Database on Laws and Policies Related to Renewable Energy Prepared by Véronique Robichaud Report and database prepared for The Commission for Environmental Cooperation 28 February 2006 Database on Laws and Policies Related to Renewable Energy Table of Contents Introduction .................................................................................................................................................. 3 Definitions ..................................................................................................................................................... 4 Financial Incentives................................................................................................................................... 4 Corporate Tax Incentives...................................................................................................................... 4 Direct Equipment Sales......................................................................................................................... 4 Grant Programs ..................................................................................................................................... 4 Industrial Recruitment Incentives ......................................................................................................... 4 Leasing/Lease Purchase Programs........................................................................................................ 5 Loan Programs.....................................................................................................................................
    [Show full text]
  • Hawaiian Electric Company, Inc. INTEGRATED RESOURCE PLAN 2009–2028
    Hawaiian Electric Company, Inc. INTEGRATED RESOURCE PLAN 2009–2028 Docket No. 2007-0084 September 30, 2008 Hawaiian Electric Company, Inc. HECO IRP-4 Table of Contents TABLE OF CONTENTS Page EXECUTIVE SUMMARY…………………………………………………………. ES-1 1 INTRODUCTION.........................................................................................1-1 1.1 Purpose of IRP.............................................................................................................................. 1-1 1.2 Commission Ruling on HECO IRP-3 ......................................................................................... 1-1 1.3 May 2007 Evaluation Report....................................................................................................... 1-1 1.4 Major Changes since HECO IRP-3 ............................................................................................ 1-4 1.4.1 Hawaii Global Warming Solutions - Act 234 ............................................................................ 1-4 1.4.2 Hawaii Renewable Portfolio Standard ....................................................................................... 1-4 1.4.3 Hawaii Clean Energy Initiative..................................................................................................1-5 1.4.4 Biofuels Legislation ................................................................................................................... 1-5 1.4.5 Renewable Energy Infrastructure Program Docket...................................................................
    [Show full text]
  • California's Solar Shade Control
    California’s Solar Shade Control Act A Review of the Statutes and Relevant Cases Scott J. Anders Kevin Grigsby Carolyn Adi Kuduk Taylor Day Updated March 2010 Originally Published January 2007 Energy Policy Initiatives Center University of San Diego School of Law University of San Diego, 5998 Alcalá Park, San Diego, CA 92110 ◆ www.sandiego.edu/epic Disclaimer: The materials included in this paper are intended to be for informational purposes only, and should not be considered a substitute for legal advice in any particular case. About EPIC The Energy Policy Initiatives Center (EPIC) is a nonprofit academic and research center of the USD School of Law that studies energy policy issues affecting the San Diego region and California. EPIC integrates research and analysis, law school study, and public education, and serves as a source of legal and policy expertise and information in the development of sustainable solutions that meet our future energy needs. For more information, please visit the EPIC website at www.sandiego.edu/epic. © 2010 University of San Diego. All rights reserved. Solar Shade Control Act Table of Contents 1. Introduction ................................................................................................................................................................1 1.1. Organization of the Paper.................................................................................................................................1 2. The Solar Shade Control Act....................................................................................................................................3
    [Show full text]
  • Solar Skyspace B
    Minnesota Journal of Law, Science & Technology Volume 15 Issue 1 Article 19 2014 Solar Skyspace B Kk K. DuVivier Follow this and additional works at: https://scholarship.law.umn.edu/mjlst Recommended Citation Kk K. DuVivier, Solar Skyspace B, 15 MINN. J.L. SCI. & TECH. 389 (2014). Available at: https://scholarship.law.umn.edu/mjlst/vol15/iss1/19 The Minnesota Journal of Law, Science & Technology is published by the University of Minnesota Libraries Publishing. Solar Skyspace B K.K. DuVivier* I. Introduction ........................................................................... 389 II. The Solar Skyspace Problem ............................................... 391 A. Technology Considerations ..................................... 391 B. Solar Skyspace B ...................................................... 394 III. The Rise and Fall of Solar Access Right Legislation ........ 395 A. Strongest State Solar Access Protections ............... 399 B. State Solar Easement Statutes ............................... 403 C. State Statutes Authorizing Local Regulation of Solar Access.............................................................. 406 D. Local Solar Ordinances .............................................. 408 E. Other Solar Legislation that Has Been Eroded ........ 412 IV. A Case for Stronger Legislative Protections for Solar Skyspace B ...................................................................... 414 A. Common Law Rationales ......................................... 415 1. Ad Coelum Doctrine ..........................................
    [Show full text]
  • Don't Take My Sunshine Away: Right-To-Light and Solar Energy in the Twenty-First Century
    Pace Law Review Volume 28 Issue 3 Spring 2008 Article 3 April 2008 Don't Take My Sunshine Away: Right-to-Light and Solar Energy in the Twenty-First Century Tawny L. Alvarez Follow this and additional works at: https://digitalcommons.pace.edu/plr Part of the Energy and Utilities Law Commons Recommended Citation Tawny L. Alvarez, Don't Take My Sunshine Away: Right-to-Light and Solar Energy in the Twenty- First Century, 28 Pace L. Rev. 535 (2008) Available at: https://digitalcommons.pace.edu/plr/vol28/iss3/3 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. Comments Don't Take My Sunshine Away: Right-to-Light and Solar Energy in the Twenty-First Century Tawny L. Alvarez* Introduction In 1977, in response to the Arab oil embargo and the United States' increasing dependency on foreign oil, President Jimmy Carter installed solar heating panels on the roof of the West Wing.' In 1980, when President Ronald Regan took office, he removed the panels, and the White House would not use so- lar energy again until August 2002, when President George W. Bush had 167 solar energy panels installed to help heat the presidential pool and spa.2 As gas prices rise in the early twenty-first century, United States citizens have again begun to question the country's de- pendency on foreign oil.
    [Show full text]
  • Simple and Low-Cost Method of Planning for Tree Growth and Lifetime Effects on Solar Photovoltaic Systems Performance
    Michigan Technological University Digital Commons @ Michigan Tech Department of Materials Science and Department of Materials Science and Engineering Publications Engineering 7-13-2013 Simple and Low-Cost Method of Planning for Tree Growth and Lifetime Effects on Solar Photovoltaic Systems Performance C. Dereli Michigan Technological University C. Yücedağ Michigan Technological University Joshua M. Pearce Michigan Technological University Follow this and additional works at: https://digitalcommons.mtu.edu/materials_fp Recommended Citation Z. Dereli, C. Yücedağ and J. M. Pearce, “Simple and Low-Cost Method of Planning for Tree Growth and Lifetime Effectson Solar Photovoltaic Systems Performance”, Solar Energy. http://digitalcommons.mtu.edu/materials_fp/34/ Follow this and additional works at: https://digitalcommons.mtu.edu/materials_fp Published as: Z. Dereli, C. Yücedağ and J. M. Pearce, “Simple and Low-Cost Method of Planning for Tree Growth and Lifetime Effects on Solar Photovoltaic Systems Performance”, Solar Energy (in press). DOI: http://dx.doi.org/10.1016/j.solener.2013.06.019 Simple and Low-Cost Method of Planning for Tree Growth and Lifetime Effects on Solar Photovoltaic Systems Performance Z. Dereli1, C. Yücedağ 2,4 and J. M. Pearce1,3,* 1. Department of Electrical & Computer Engineering, Michigan Tech. University, Houghton, MI, USA 2. School of Forest Resources and Environmental Science, Michigan Tech. University, Houghton, MI, USA 3. Department of Materials Science & Engineering, Michigan Tech. University Houghton, MI, USA 4. Department of Environmental Engineering, Bartın University, Bartın, Turkey * corresponding author: 601 M&M Building, 1400 Townsend Dr., Houghton, MI 49931-1295 [email protected] Abstract The use of distributed solar photovoltaic (PV) systems is growing more common as solar energy conversion efficiencies increase while costs decrease.
    [Show full text]
  • Solar Photovoltaics in British Columbia a Scoping Review of Residential, Grid-Connected Systems
    Solar Photovoltaics in British Columbia A Scoping Review of Residential, Grid-Connected Systems by SEAN TYNAN A PROJECT SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS (PLANNING) in THE FACULTY OF GRADUATE STUDIES School of Community and Regional Planning We accept this project as conforming to the required standard …………………………………………………………….. …………………………………………………………….. …………………………………………………………….. THE UNIVERSITY OF BRITISH COLUMBIA Vancouver April, 2010 © Sean Tynan, 2010 Abstract This document provides information regarding recent developments in small-scale residential, grid-connected photovoltaic systems. The purpose of the document is three-fold: to explore the current status and potential of these systems within the Province of British Columbia, to identify the major barriers to PV systems, and to examine the key policy interventions that would be required to bring about widespread uptake of these systems. Research was conducted primarily through a review of the literature. This information was supplemented through a market survey and interviews with key informants from both the public and private sector. The document contains two substantive findings. Firstly, there are environmental benefits (greenhouse gas reductions) that will result from the uptake of residential PV systems within the Province. Secondly, cost is by far the largest barrier to PV system uptake. A major policy intervention to rebalance the economics of PV systems in BC would be required to support their widespread adoption within the next decade. Economic interventions to directly subsidize solar PV would likely be expensive relative to other forms of renewable energy in BC, and are therefore unlikely to be justifiable at present. If the price of PV systems reduces sufficiently over time, such measures could be considered.
    [Show full text]
  • How to Do Solar Energy Systems (Photovoltaic) in Hermosa Beach
    How to do Solar Energy Systems (Photovoltaic) in Hermosa Beach Why Go Solar? Solar photovoltaic (PV) technology converts sunlight directly into electricity. Increasing solar power is an important and efficient way that Hermosa Beach residents and businesses can create clean energy and gain the following benefits: • Solar energy puts the power to supply your electricity needs directly in your hands. • Harnessing the power of the sun can help lower your electric bill, decrease annual operating costs, and increase your property’s value. • Tax credits and incentives currently available can help lower your out-of-pocket costs and maximize your investment. Refer to the resources below. • Solar energy improves air quality by generating electricity free from harmful emissions. Los Angeles has the worst air quality in the nation. • Solar power helps ease demand on the power grid, which increases system reliability and decreases the need to build more power plants. • Solar energy can be used to power electric vehicles which reduce air pollution, noise and health impacts. • Solar power reduces dependence on fossil fuels and greenhouse gases. California has set a goal to create 3,000 megawatts of new solar-produced electricity by 2017, moving the state toward a cleaner energy future while helping to lower the cost of "going solar." Support renewable energy and reduce impacts on the environment by participating in the California Solar Initiative. http://www.sce.com/solarleadership/gosolar/california-solar- initiative/default.htm . Will a Solar Energy System Work at My Home or Business? Before considering solar, you are advised to implement conservation measures. In addition to gaining many of the benefits above, conversation will minimize the size of your PV system and make your home or business a more comfortable and healthy place to be.
    [Show full text]
  • Download Interface Controlled Organic Thin Films Free Ebook
    INTERFACE CONTROLLED ORGANIC THIN FILMS DOWNLOAD FREE BOOK Horst-GГјnter Rubahn, Helmut Sitter, Giles Horowitz, Katharina Al-Shamery | 230 pages | 16 Dec 2010 | Springer-Verlag Berlin and Heidelberg GmbH & Co. KG | 9783642101083 | English | Berlin, Germany Organic solar cell Matt, C. Important variables include materials, solvents and the donor-acceptor weight ratio. In Fig. Here, a highly cryst. Home About Help Search. Hence, UV-ozone treatment is a simple and efficient way to produce the desirable interface qualities that enable the highly ordered growth of C8-BTBT films. By continuing to use the site, you are accepting our use of cookies. Interface Controlled Organic Thin Films illumination with UV light, a dramatic change in the elec. AIP Adv. Sitter, B. Modulated photoelec. Despite the large roughness of Interface Controlled Organic Thin Films paper substrate, the fabricated transistor arrays exhibited high performance with a field-effect mobility reaching 1. Organic semiconductors are a central topic of advanced materials research. Figure 7. The phase-sepn. By adopting an up-side-down funnel, single cryst. All materials were used as received without further purification. These merits lead to OFETs with high performance and good reliability. H -G Rubahn. Front Matter Pages Heliostat Solar tracker Parabolic trough Solar power tower. Be the first. High-performance low-voltage flash memories based on org. The authors herein present results obtained from the authors' study of flat and uniform polymer-blended Interface Controlled Organic Thin Films. ACS Appl. Print version: Interface controlled organic thin films. Polymer solar cells inefficiency and stability problems, [5] combined with their promise of low costs [6] and increased efficiency [7] made them a popular field in solar cell research.
    [Show full text]
  • California's Solar Access Laws
    California’s Solar Access Laws By Kurt Newick & Andy Black California has several laws designed to encourage solar access and prevent restrictions on solar energy systems. These laws address municipal restrictions, residential landscaping, and homeowner association restrictions. • Solar Rights Act amended in 2004 by AB 2473 (Civil code section 714, Health and Safety Code section 17959.1, Government code section 65850.5): Prohibits local governments from restricting the installation of a solar energy system based on aesthetics. • Solar Rights Act amended in 2003 by AB 1407 (Civil Code section 714): Requires that public entities do not place unreasonable restrictions on the procurement of solar energy systems when applying for state-sponsored grants and loans. • Solar Shade Control Act of 1979 (Public Resources Code sections 25980- 25986): addresses shade from neighboring vegetation. • Solar Rights Act of 1978 (Civil Code section 714): Homeowner associations must not place unreasonable restrictions on homeowners wishing to install solar energy systems. • Solar Easement Law (Civil code sections 801 & 801.5): Provides the opportunity to protect future solar access via a negotiated easement with neighboring property owners. • Many cities and counties have local solar access laws and guidelines. For regional specific information on these and financial incentives, including tax credits, that make solar power more affordable, go to www.dsireusa.org. Solar Rights Act amended by AB 2473 This law became effective on 1/1/2005. It is the intent of this law that “local agencies not adopt ordinances that create unreasonable barriers to the installation of solar energy systems, including, but not limited to, design review for aesthetic purposes.” Local authorities shall approve applications through permit issuance and can only restrict solar installations based on health and safety reasons.
    [Show full text]
  • Solar Access Laws in a Different Light Troy A
    University of Missouri School of Law Scholarship Repository Faculty Publications 2010 Shadows on the Cathedral: Solar Access Laws in a Different Light Troy A. Rule University of Missouri School of Law, [email protected] Follow this and additional works at: http://scholarship.law.missouri.edu/facpubs Part of the Air and Space Law Commons, Energy Law Commons, and the Land Use Planning Commons Recommended Citation Troy A. Rule, Shadows on the Cathedral: Solar Access Laws in A Different Light, 2010 U. Ill. L. Rev. 851 (2010) This Article is brought to you for free and open access by University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of University of Missouri School of Law Scholarship Repository. SHADOWS ON THE CATHEDRAL: SOLAR ACCESS LAWS IN A DIFFERENT LIGHT Troy A. Rule* Unprecedented growth in rooftop solar energy development is drawing increased attention to the issue of solar access. To operate effectively, solarpanels require unshaded access to the sun's rays dur- ing peak sunlight hours. Some landowners are reluctant to invest in rooftop solar panels because they fear that a neighbor will erect a structure or grow a tree on nearby property that shades their panels. Existing statutory approachesto protectingsolar access for such land- owners vary widely acrossjurisdictions, and some approachesignore the airspace rights of neighbors. Which rule regime for solar access protection best promotes the efficient allocation of scarce airspace, within the constraints of existing law? This Article applies Calabresi and Melamed's "Cathedral"framework of property rules and liability rules to compare and analyze existing solar access laws and to eval- uate a model solar access statute recently drafted under funding from the United States Department of Energy.
    [Show full text]