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The U.S. Department of Energy and the North Carolina Clean Energy Technology Center are excited to announce that a new, modernized DSIRE is under construction. The new version of DSIRE will offer significant improvements over the current version, including expanded data accessibility and an array of new tools for site users. The new DSIRE site will be available in December 2014. Staff are currently working hard on the new version of DSIRE but are also maintaining the content of the current version of DSIRE. Thank you for your continued support and patience during this transition. We hope you are as excited for December as we are!

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Oregon

Oregon

Incentives/Policies for Renewables & Efficiency

Printable Version
Solar and Wind Easements & Rights Laws & Local Option Solar Rights Law   

Last DSIRE Review: 11/11/2014
Program Overview:
State: Oregon
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, Wind, Solar Pool Heating
Applicable Sectors: Commercial, Industrial, Residential, Nonprofit, Schools, Local Government, State Government, Fed. Government, Agricultural, Institutional
Authority 1:
Date Effective:
ORS § 105.880 et seq.
1979 (wind added in 1981)
Authority 2:
ORS § 215.044 et seq.
Authority 3:
Date Effective:
ORS § 227.190 et seq.
1981
Authority 4:
Date Effective:
ORS § 215.439
2012
Summary:

Oregon has several laws that protect access to solar and wind resources and the use of solar energy systems. Oregon's solar access laws date back to 1979 and state that no person conveying or contracting to convey a property title can include provisions that prohibit the use of solar energy systems on the property. Any provisions that prohibit the use of solar energy systems are void and unenforceable. Solar energy systems are defined broadly to include anything that uses solar radiation for heating, cooling, or electrical energy.  In June 2011, this law was expanded upon with the passage of HB 3516.  This legislation clarifies that in zones where residential and commercial structures are allowed uses, solar photovoltaic (PV) and solar thermal systems are explicitly allowed as a permitted use.

Oregon's solar and wind easements provisions allow property owners to create solar and wind easements for the purpose of protecting and maintaining proper access to sunlight and wind. Easements are negotiated with neighboring property owners. Oregon's solar easement law was enacted in 1979; the wind easement law was enacted in 1981.

Oregon state law also allows municipalities and local authorities to establish solar access laws. Access laws are intended to protect solar access to the south face of buildings during solar heating hours, taking into account existing development, vegetation, and planned uses. The local ordinances may include standards for orientation of new streets and lots, placement and height of new buildings, and the placement of new trees on public property. City and county laws are generally designed to protect south-facing roof space for active solar energy systems such as solar electric and solar hot water panels, as opposed to daylighting and passive solar heating that require southern exposure to a building's wall.

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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.

Copyright 2013 - 2014 North Carolina State University, under NREL Subcontract No. XEU-0-99515-01. Permission granted only for personal or educational use, or for use by or on behalf of the U.S. government. North Carolina State University prohibits the unauthorized display, reproduction, sale, and/or distribution of all or portions of the content of the Database of State Incentives for Renewables and Efficiency (DSIRE) without prior, written consent.