So you live in town and want to put solar panels on your house.  You love the idea of generating your own energy!  It’s comforting because you have more self-sufficiency and less dependence on fossil fuels.   But what if someone else builds a house, or an apartment complex or plants trees that will eventually grow so large that they will significantly shade your solar panels?

As of 2025 there are 30 states that have created specific laws which either state that HMO’s cannot restrict a person’s installation of solar on their property, or protect a person who has installed solar on their property from future developments by other homeowners or companies who want to put up a building or structure that would block their solar panels from getting sun.

Below are a list of states whose laws in some way address this subject.  Below the list is a print out of the current Solar Rights law in  New Mexico.

In today’s world there are many ways of generating light, heat and electricity that do not involve blowing toxic substances into the air we breathe.  We hear about solar and wind, and now there are major geothermal plants being built.   If you want to have direct control over your energy use, make sure to look up the laws in your area in order to forestall anyone depriving you of your rights!

 

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States with laws that address Solar Home Installation

Arizona  has laws that prohibit HOAs from restricting solar panel installations, and there are more than 70 policies and incentives for clean energy in the state.

California has strong solar access laws, including the California Solar Rights Act, which limits the ability of HOAs and local governments to restrict solar installations.

Colorado has solar access and easement laws dating back to 1979, with updates in 2021 to allow HOAs to set reasonable aesthetic guidelines for solar installations.

Connecticut passed solar access laws in 2023, adding to the list of New England states with such protections, though HOAs may still impose rules on the size and placement of solar installations .

Delaware has solar access laws that protect homeowners’ rights to install solar panels .

Florida has solar access laws that protect homeowners’ rights to install solar panels .

Hawaii has solar access laws that protect homeowners’ rights to install solar panels .

Idaho has solar access laws that protect homeowners’ rights to install solar panels .

Illinois has laws that prevent HOAs from banning solar installations but allow them to adjust the placement of panels as long as it doesn’t reduce expected production by more than 10% .

Indiana has laws that allow residents to collect signatures from neighbors to override HOA objections to solar panel installations .

Iowa has solar access laws that protect homeowners’ rights to install solar panels .

Louisiana has a solar access law that prohibits any person or entity from unreasonably restricting the right of a property owner to install or use a solar collector .

Maine has solar rights that give locals the right to install and use solar energy devices, with restrictions only possible in the event of public safety or building damage .

Maryland’s  Real Property Code prohibits HOAs from establishing restrictions or conditions for solar installations that significantly increase the cost or decrease the efficiency of a solar system .

Massachusetts has solar access laws that protect homeowners’ rights to install solar panels .

Michigan recently passed a law requiring HOAs to allow solar panels, which goes into effect next year .

Minnesota has solar access laws that protect homeowners’ rights to install solar panels .

Nevada has solar access laws that protect homeowners’ rights to install solar panels .

New Hampshire has solar access laws that protect homeowners’ rights to install solar panels .

New Jersey has solar access laws that protect homeowners’ rights to install solar panels .

New Mexico’s Solar Rights Act protects residents’ access to solar as a property right, voiding covenants and restrictions from preventing reasonable PV installations .  (See more info at the bottom of this list)

New York has solar access laws that protect homeowners’ rights to install solar panels .

North Carolina has solar access laws that ensure no city ordinance can prohibit the installation of a solar collector for a detached single-family residence .

Oregon has solar access laws that protect homeowners’ rights to install solar panels .

Pennsylvania has solar access laws that protect homeowners’ rights to install solar panels .

Texas has solar access laws that protect homeowners’ rights to install solar panels .

Vermont  has solar access laws that protect homeowners’ rights to install solar panels .

Washington (state) has solar access laws that protect homeowners’ rights to install solar panels .

Washington, D.C.  has solar access laws that protect homeowners’ rights to install solar panels .

Wisconsin has solar access laws that protect homeowners’ rights to install solar panels

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2024 New Mexico Statutes
Chapter 47 – Property Law
Article 3 – Solar Rights
Section 47-3-4 – Declaration of solar rights.

Universal Citation:

NM Stat § 47-3-4 (2024)

This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

1. The legislature declares that the right to use the natural resource of solar energy is a property right, the exercise of which is to be encouraged and regulated by the laws of this state. Such property right shall be known as a solar right.
2. The following concepts shall be applicable to the regulation of disputes over the use of solar energy where practicable:

(1) “beneficial use.” Beneficial use shall be the basis, the measure and the limit of the solar right, except as otherwise provided by written contract. If the amount of solar energy which a solar collector user can beneficially use varies with the season of the year, then the extent of the solar right shall vary likewise;

(2) “prior appropriation.” In disputes involving solar rights, priority in time shall have the better right except that the state and its political subdivisions may legislate, or ordain that a solar collector user has a solar right even though a structure or building located on neighborhood property blocks the sunshine from the proposed solar collector site. Nothing in this paragraph shall be construed to diminish in any way the right of eminent domain of the state or any of its political subdivisions or any other entity that currently has such a right; and

(3) “transferability.” Solar rights shall be freely transferable within the bounds of such regulation as the legislature may impose. The transfer of a solar right shall be recorded in accordance with Chapter 14, Article 9 NMSA 1978.

1. Unless a singular overriding state concerns occur which significantly affect the health and welfare of the citizens of this state, permit systems for the use and application of solar energy shall reside with county and municipal zoning authorities.

History: 1953 Comp., § 70-8-4, enacted by Laws 1977, ch. 169, § 4.

ANNOTATIONS

Law reviews. — For note, “Rate Structure and Energy Conservation in the 1977 New Mexico Legislative Session,” see 8 N.M.L. Rev. 99 (1978).

For note, “Access to Sunlight: New Mexico’s Solar Rights Act,” see 19 Nat. Res. J. 957 (1979); 10 N.M.L. Rev. 169 (1979-80).

For article, “Access to Solar Energy: The Problem and Its Current Status,” see 22 Nat. Res. J. 21 (1982).

Nothing in the Solar Rights Act shall be construed to alter, amend, deny, impair or modify any solar right, lease, easement or contract right which has vested prior to the effective date of the Solar Rights Act.

History: 1953 Comp., § 70-8-5, enacted by Laws 1977, ch. 169, § 5.