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Colorado

Colorado

Incentives/Policies for Renewables & Efficiency

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Solar, Wind, and Energy Efficiency Easements and Rights Laws   
Last DSIRE Review: 06/12/2012
Program Overview:
State: Colorado
Incentive Type: Solar/Wind Access Policy
Eligible Efficiency Technologies: Lighting, Shading Structures, Evaporative Coolers, Retractable Clotheslines
Eligible Renewable/Other Technologies: Passive Solar Space Heat, Solar Water Heat, Solar Space Heat, Photovoltaics, Wind
Applicable Sectors: Residential
Authority 1:
Date Enacted:
Date Effective:
Expiration Date:
 CRS § 38-30-168
1979
5/26/1979 (Amended 2008)
None
Authority 2:
 CRS § 38-32.5-100.3, et seq.
Authority 3:
Date Enacted:
Date Effective:
 HB 1105
05/29/2012
05/29/2012
Summary:
Colorado's solar access laws, which date back to 1979, prohibit any residential covenants that restrict solar access. HB 1270 of 2008 extended the law to protect installations of wind turbines that meet the state's interconnection standards, and certain energy-efficiency measures including awnings, shutters and other shade structures, garage fans, energy-efficient outdoor lighting, retractable clotheslines, and evaporative coolers. Some exceptions are made to allow for aesthetic requirements that do not significantly increase the cost of the device or decrease its performance. HB 1270 further protects owners of solar or wind-energy systems by awarding reasonable attorney fees to the prevailing party in any court case involving the significant increase in the system's cost based on aesthetic requirements.

Colorado also allows property owners to agree voluntarily to solar easements with their neighbors for the purpose of protecting and maintaining proper access to sunlight. HB 1105, signed in 2012, also provides for wind easements on property. The legislation provides details about the process for filing an easement, and includes provisions regarding the reversion of easements. 
 
Contact:
  Public Information
Colorado Energy Office
1580 Logan Street
Suite 100
Denver, CO 80203
Phone: (303) 866-2100
Phone 2: (800) 632-6662
Fax: (303) 866-2930
E-Mail: geo@state.co.us
Web Site: http://www.colorado.gov/energy
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Disclaimer: The information presented on the DSIRE web site provides an unofficial overview of financial incentives and other policies. It does not constitute professional tax advice or other professional financial guidance, and it should not be used as the only source of information when making purchasing decisions, investment decisions or tax decisions, or when executing other binding agreements. Please refer to the individual contact provided below each summary to verify that a specific financial incentive or other policy applies to your project.

While the DSIRE staff strives to provide the best information possible, the DSIRE staff, the N.C. Solar Center, N.C. State University and the Interstate Renewable Energy Council, Inc. make no representations or warranties, either express or implied, concerning the accuracy, completeness, reliability or suitability of the information. The DSIRE staff, the N.C. Solar Center, N.C. State University and the Interstate Renewable Energy Council, Inc. disclaim all liability of any kind arising out of your use or misuse of the information contained or referenced on DSIRE Web pages.

Copyright 2012 - 2013 North Carolina State University, under NREL Subcontract No. XEU-0-99515-01. Permission granted only for personal or educational use, or for use by or on behalf of the U.S. government. North Carolina State University prohibits the unauthorized display, reproduction, sale, and/or distribution of all or portions of the content of the Database of State Incentives for Renewables and Efficiency (DSIRE) without prior, written consent.