Colorado Solar/Wind Easements and Rights Law

October 30, 2023

Summary

Colorado's solar access laws, which date back to 1979, render void any covenants, restrictions, or conditions that prohibit “renewable energy generation devices” or “energy efficiency measures”. Renewable energy generation devices include solar energy devices and wind-electric generators that meet the state’s interconnection standards. Energy efficiency measures include awnings, attic fans, energy efficient lighting, and clotheslines, among other technologies. Some exceptions are made for both renewable energy devices and energy efficiency measures for safety requirements and aesthetic purposes that do not significantly increase the cost of the device or decrease its performance.

Colorado also allows property owners to agree voluntarily to solar and wind easements with their neighbors for the purpose of protecting and maintaining proper access to sunlight and wind. The statute provides details about the process for filing an easement, and includes provisions regarding the reversion of easements.

Program Overview

Implementing Sector:	State
Category:	Regulatory Policy
State:	Colorado
Incentive Type:	Solar/Wind Access Policy
Web Site:
Administrator:
Start Date:
Eligible Renewable/Other Technologies:	Solar - Passive Solar Water Heat Solar Space Heat Solar Photovoltaics Wind (All) Lighting Other EE Wind (Small)

Authorities

Name:	CRS § 38-30-168
Date Enacted:	1979
Effective Date:	05/26/1979 (Subsequently amended)

Name:

CRS § 38-32.5-100.3, et seq.

Name:	CRS § 38-30.7-101, et seq.
Date Enacted:	05/29/2012
Effective Date:	05/29/2012

Name:	CRS § 38-33.3-106.7
Effective Date:	08/05/2008

Contact

Name:	Public Information
Organization:	Governor's Energy Office
Address:	1600 Broadway Denver CO 80202
Phone:	(303) 866-2100
Email:	Coloradoenergyoffice@state.co.us

This information is sourced from DSIRE; the most comprehensive source of information on incentives and policies that support renewables and energy efficiency in the United States. Established in 1995, DSIRE is operated by the N.C. Clean Energy Technology Center at N.C. State University.