Solar Easements (New Jersey)

Last modified on February 12, 2015.

Rules Regulations Policies Program

Place	New Jersey
Name	Solar Easements
Incentive Type	Solar/Wind Access Policy
Applicable Sector	Commercial, Fed. Government, Industrial, Institutional, Local Government, Nonprofit, Residential, Schools, State Government
Eligible Technologies	Passive Solar Space Heat, Photovoltaics, Solar Space Heat, Solar Thermal Electric, Solar Thermal Process Heat, Solar Water Heat
Active Incentive	Yes
Implementing Sector	State/Territory
Energy Category	Renewable Energy Incentive Programs
Date added to DSIRE	2000-01-01
Last DSIRE Review	2012-10-11
Last Substantive Modification to Summary by DSIRE	2011-11-08
References	DSIRE

Summary

New Jersey law provides for the creation of solar easements to ensure that proper sunlight is available to those who operate solar-energy systems. The term "solar energy device" is not defined by the law, and thus could conceivably include all manner of systems or equipment that utilize solar energy. The law also establishes requirements for certain types of information that must be included in the easement agreement, listed as follows:

• The vertical and horizontal angles, expressed in degrees, at which the solar easement extends over the real property subject to the solar easement.
• Any terms or conditions or both under which the solar easement is granted or will be terminated.
• Any provisions for compensation of the owner of the property benefiting from the solar easement in the event of interference with the enjoyment of the solar easement or compensation of the owner of the property subject to the solar easement for maintaining the solar easement.

These are minimum requirements, so additional points of agreement may be added at the discretion of those involved.

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

Authority 1:	N.J. Stat. § 46:3-24 et seq.
Date Effective	1978

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