Chapter 22 - Solar Rights
CHAPTER 22 - SOLAR RIGHTS
34-22-101. Short title.
Thisact may be cited as the "Solar Rights Act".
34-22-102. Definitions.
(a) As used in this act:
(i) "Solar collector" is one (1) of the followingwhich is capable of collecting, storing or transmitting at least twenty-fivethousand (25,000) BTU's on a clear winter solstice day:
(A) A wall, clerestory or skylight window designed to transmitsolar energy into a structure for heating purposes;
(B) A greenhouse attached to another structure and designed toprovide part of the heating load for the structure to which it is attached;
(C) A trombe wall, "drum wall" or other wall or roofstructural element designed to collect and transmit solar energy into astructure;
(D) A photovoltaic collector designed to convert solar energyinto electric energy;
(E) A plate-type collector designed to use solar energy to heatair, water or other fluids for use in hot water or space heating or for otherapplications; or
(F) A massive structural element designed to collect solarenergy and transmit it to internal spaces for heating.
(ii) "Solar right" is a property right to anunobstructed line-of-sight path from a solar collector to the sun which permitsradiation from the sun to impinge directly on the solar collector. The extentof the solar right shall be described by that illumination provided by the pathof the sun on the winter solstice day which is put to a beneficial use orotherwise limited by this act;
(iii) "Winter solstice day" is the solstice on or aboutDecember 21 which marks the beginning of winter in the northern hemisphere andis the time when the sun reaches its southernmost point;
(iv) "Local government" means a city, town or county;
(v) "This act" means W.S. 34-22-101 through34-22-106.
34-22-103. Declaration of solar rights.
(a) The beneficial use of solar energy is a property right.
(b) In disputes over the use of solar energy:
(i) Beneficial use shall be the basis, the measure and thelimit of the solar right, except as otherwise provided by written contract. Ifthe amount of solar energy which a solar user can beneficially use varies withthe season of the year, then the extent of the solar right shall vary likewise;
(ii) Priority in time shall have the better right, except asprovided in this act; and
(iii) Nothing in this act diminishes the right of eminent domain.
(c) Solar rights are property rights and as such shall befreely transferable within the bounds of law.
34-22-104. Restrictions on solar rights.
(a) The solar right to radiation of the sun before 9:00 a.m. orafter 3:00 p.m. Mountain Standard Time is de minimus and may be infringedwithout compensation to the owner of the solar collector.
(b) A solar right which is not applied to a beneficial use fora period of five (5) years or more shall be deemed abandoned and withoutpriority.
(c) Solar collectors shall be located on the solar user'sproperty so as not to unreasonably or unnecessarily restrict the uses ofneighboring property. Unless otherwise permitted by the local government, nosolar right attaches to a solar collector, or a portion of a solar collector,which would be shaded by a ten (10) foot wall located on the property line on awinter solstice day.
34-22-105. County and municipal authority.
(a) Land-use regulations of local governments may encourage theuse of solar energy systems. To encourage the use of solar energy systems,local governments may regulate:
(i) The height, location, setback and energy efficiency ofstructures;
(ii) The height and location of vegetation with respect toproperty lines;
(iii) The platting and orientation of land developments; and
(iv) The type and location of energy systems or theircomponents.
(b) The local government shall establish permit systems for theuse and application of solar energy. Where a local government establishes apermit system for the use and application of solar energy:
(i) A solar permit shall be granted before a solar right may beestablished;
(ii) The local government shall grant a solar permit to anyproposed or existing solar collector which complies with this act. If a localgovernment sets height or locational limits on structures or vegetation, thelocal government may restrict the solar permit to the airspace above orsurrounding the restrictions. The extent of the solar right granted by this actshall not exceed the extent of the solar right granted by the solar permit;
(iii) The solar right vests on the date the solar permit isgranted. The solar collector shall be put to beneficial use within two (2)years except the local government may allow additional time for good causeshown. The local government shall certify the right and its beneficial usewithin two (2) years of its vesting;
(iv) The priority of new construction with regard tointerference in solar rights shall vest as of the date the building permit isapplied for;
(v) Cities and towns shall regulate solar rights within theirboundaries. Counties shall regulate solar rights within the county and outsidecity limits. Local governments which agree may regulate solar rights jointly;
(vi) Existing solar collector users shall apply for permitswithin five (5) years after the date permit systems are established by theirlocal governments. The priority date for these solar rights shall be the firstdate the solar collector was beneficially used.
(c) No local government shall prohibit the construction or useof solar collectors except for reasons of public health and safety.
34-22-106. Recording solar rights.
Thegranting of solar permits and the transfer of solar rights shall be recordedpursuant to W.S. 34-1-101 through 34-1-140. The instrument granting a solarpermit shall include a description of the collector surface, or that portion ofthe collector surface to which the solar permit is granted. The description shallinclude the dimensions of the collector surface, the direction of orientation,the height above ground level and the location of the collector on the solaruser's property.