Massachusetts Incentives/Policies for Renewables & Efficiency |
 |
Last DSIRE Review: 12/17/2012
Program Overview:
| State: |
Massachusetts |
| 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 |
Authority 1:
|
M.G.L. ch. 187 § 1A. Solar easements
|
Authority 2:
|
M.G.L. ch. 184 § 23C. Solar energy systems; installation or use; restrictive provisions
|
Authority 3:
|
M.G.L. ch. 40A § 1A. et seq.
|
Authority 4:
|
M.G.L. ch. 41 § 81Q. Planning board; adoption of rules and regulations
|
Authority 5:
|
M.G.L. ch. 40A § 9B. Solar access
|
Summary:
Solar access provisions in the General Laws of Massachusetts allow for the creation of voluntary solar easements to protect solar exposure and authorizes zoning rules that prohibit unreasonable infringements on solar access. Similar to solar easement provisions in many other states, Massachusetts solar easements allow for the voluntary creation of solar access contracts, but do not make solar access an automatic right. In addition, the statutes allow for communities to authorize zoning boards to issue permits creating solar rights.
Massachusetts also prohibits restrictions on solar devices, voiding "any provision in an instrument relative to the ownership or use of real property which purports to forbid or unreasonably restrict the installation or use of a solar energy system ... or the building of structures that facilitate the collection of solar energy."
Furthermore, Massachusetts zoning laws prohibit local governments from enacting local laws that prohibit or "unreasonably regulate" solar energy systems. |
|
 |
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.
|
