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New York

New York

Incentives/Policies for Renewables & Efficiency

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Solar Easements & Local Option Solar Rights Laws   

Last DSIRE Review: 10/16/2012
Program Overview:
State: New York
Incentive Type: Solar/Wind Access Policy
Eligible Renewable/Other Technologies: Passive Solar Space Heat, Solar Water Heat, Solar Space Heat, Solar Thermal Electric, Solar Thermal Process Heat, Photovoltaics
Applicable Sectors: Commercial, Industrial, Residential, Nonprofit, Schools, Local Government, State Government, Fed. Government, Agricultural, Institutional
Authority 1:
Date Effective:
NY CLS Real Property § 335-b
1979
Authority 2:
Date Effective:
NY CLS General City § 20 (24)
1981
Authority 3:
Date Effective:
NY CLS Town § 263
1981
Authority 4:
Date Effective:
NY CLS Vill § 7-704
1981
Summary:

New York's real property laws allow for the creation of solar easements. Like those in many other states, these are voluntary contracts which must be entered into in order to ensure uninterrupted solar access for solar energy devices. Solar easement agreements are required at a minimum to contain information describing the easement location and orientation to real property subject to the easement, provisions for termination, and provisions for compensation in the event that interference occurs.

The New York General City, Town, and Village codes also allow local zoning districts to make regulations regarding solar access that provide for "the accommodation of solar energy systems and equipment and access to sunlight necessary therefor...". The stated intent of the authorizing legislation enacted in 1979 recognizes "access to solar energy as a valid public purpose within the zoning authority of local governments...".

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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.