Virgin Islands

Incentives/Policies for Renewables & Efficiency

U.S. Virgin Islands - Solar and Wind Easements & Rights Laws

Last DSIRE Review: 12/17/2012

Program Overview:

State:	Virgin Islands
Incentive Type:	Solar/Wind Access Policy
Eligible Renewable/Other Technologies:	Solar Water Heat, Solar Space Heat, Photovoltaics, Wind
Applicable Sectors:	Commercial, Industrial, Residential, Nonprofit, Schools, Local Government, State Government, Fed. Government, Institutional
Authority 1: Date Enacted:	12 V.I.C. § 1154 et seq. 2007 (subsequently amended)

Summary:

In the U.S. Virgin Islands, the owner of a solar or wind-energy system is permitted to negotiate for assurance of continued access to the system’s energy source. "Solar or wind-energy system" is defined as "any system that converts, stores, collects, protects or distributes the kinetic energy of the sun or wind into mechanical, chemical or electrical energy to provide power generation for the heating of water, the heating and cooling of buildings or other structures, and other similar purposes."

Furthermore, any covenant, condition or restriction contained in any deed, contract, mortgage, security instrument or other instrument pertaining to a conveyance, sale or transfer of real property or interest may not prohibit or unreasonably limit the installation or use of a solar or wind-energy system. A covenant, condition or restriction is considered "unreasonable" if it significantly increases the cost and expense of the solar or wind-energy system to its owner or user, or significantly decreases its efficiency, or otherwise effectively discourages the installation or use of a system.

The height of small wind turbines are determined by regulations for small wind energy system and the height of utility scale wind turbines are restricted on to the extent that they are regulated by the Federal Aviation Administration (FAA).

Contact:

Don Buchanan
Virgin Islands Energy Office
4101 Mars Hill
Frederisksted
St. Croix , VI 00840
Phone: (340) 713-8436 Ext.3612
Fax: (340) 772-0063
Web Site: http://www.vienergy.org/

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.

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