Indiana Solar Easements & Rights Laws

September 22, 2023

Summary

Indiana state law includes both covenant restrictions and solar easement provisions. The state's covenant restrictions prevent planning and zoning authorities from prohibiting or unreasonably restricting the use of solar energy. Indiana's solar easement provisions are similar to those in many other states. Although they do not create an automatic right to sunlight they allow parties to voluntarily enter into solar easement contracts which are enforceable by law. Passive solar structures are explicitly included in the type of solar-collection equipment that may be protected by solar easements.

In March 2022, Indiana adopted a bill, H.B. 1196, preventing homeowners' associations from prohibiting solar panel installation except in certain circumstances and providing a petition process for residents to overturn existing prohibitions.

Program Overview

Implementing Sector:	State
Category:	Regulatory Policy
State:	Indiana
Incentive Type:	Solar/Wind Access Policy
Web Site:
Administrator:
Start Date:
Eligible Renewable/Other Technologies:	Solar - Passive Solar Water Heat Solar Space Heat Solar Thermal Electric Solar Thermal Process Heat Solar Photovoltaics

Authorities

Name:	Ind. Code § 32-23-4 et seq.
Date Enacted:	01/01/1980

Name:	Ind. Code § 36-7-2-8 et seq.
Date Enacted:	03/21/2002
Effective Date:	07/01/2002

Name:	H.B. 1196
Date Enacted:	03/10/2022

Contact

Name:	Assistance - Office of Energy Development
Address:	One North Capitol, Suite 600 Indianapolis IN 46204
Phone:	(317) 232-8939

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.