| Implementing Sector: | State |
| Category: | Regulatory Policy |
| State: | Massachusetts |
| Incentive Type: | Solar/Wind Access Policy |
| Eligible Renewable/Other Technologies: | Solar - Passive, Solar Water Heat, Solar Space Heat, Solar Thermal Electric, Solar Thermal Process Heat, Solar Photovoltaics |
| Name: | M.G.L. ch. 187 § 1A. Solar easements |
| Name: | M.G.L. ch. 184 § 23C. Solar energy systems; installation or use; restrictive provisions |
| Name: | M.G.L. ch. 40A § 1A. et seq. |
| Name: | M.G.L. ch. 41 § 81Q. Planning board; adoption of rules and regulations |
| Name: | M.G.L. ch. 40A § 9B. Solar access |
Solar access provisions in Massachusetts allow for the creation of voluntary solar easements to protect solar exposure and authorizes zoning rules that prohibit unreasonable restrictions on solar access. Similar to solar easement provisions in many other states, solar easements in Massachusetts 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 rules that prohibit or "unreasonably regulate" solar energy systems.
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