Solar, Wind, and Energy Efficiency Easements and Rights Laws (Colorado)

From Open Energy Information

Last modified on February 12, 2015.

Rules Regulations Policies Program

Place Colorado
Name Solar, Wind, and Energy Efficiency Easements and Rights Laws
Incentive Type Solar/Wind Access Policy
Applicable Sector Residential
Eligible Technologies Lighting, Passive Solar Space Heat, Photovoltaics, Solar Space Heat, Solar Water Heat, Wind, Shading Structures, Evaporative Coolers, Retractable Clotheslines
Active Incentive Yes
Implementing Sector State/Territory
Energy Category Energy Efficiency Incentive Programs, Renewable Energy Incentive Programs

Date added to DSIRE 2000-01-01
Last DSIRE Review 2013-07-30
Last Substantive Modification
to Summary by DSIRE

References DSIRE[1]


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.

Incentive Contact

Contact Name Public Information
Department Colorado Energy Office
Address 1580 Logan Street
Address 2 Suite 100
Place Denver, Colorado
Zip/Postal Code 80203
Phone (303) 866-2100
Phone 2 (800) 632-6662
Fax (303) 866-2930

Authorities (Please contact the if there are any file problems.)

Authority 1: CRS § 38-30-168
Date Effective 5/26/1979 (Amended 2008)
Date Enacted 1979
Expiration Date None
Authority 2: CRS § 38-32.5

Authority 3: CRS § 38-30.7-101, et seq.
Date Effective 2012-05-29
Date Enacted 2012-05-29

  • Incentive and policy data are reviewed and approved by the N.C. Solar Center's DSIRE project staff.[1]


  1. 1.0 1.1  "Database of State Incentives for Renewables and Efficiency (DSIRE)"