Missouri Solar Easements & Rights Laws

September 22, 2023

Summary

In Missouri, the right to utilize solar energy is a property right, but eminent domain may not be used to obtain such a property right. Easements obtained for the purpose of construction, reconstruction, remodeling, or acquisition of a solar energy system should be created in writing and are subject to the same conveyance and instrument recording requirements as other easements. Solar easements are considered a negative (i.e., restrictive or use prohibitive) easement and cannot be acquired by prescription; they must be negotiated expressly.

In June 2022, Missouri adopted S.B. 820, which prevents deed restrictions, covenants, and other similar binding agreements running with the land from prohibiting or unreasonably limiting the installation of solar panels on rooftops.

Program Overview

Implementing Sector:	State
Category:	Regulatory Policy
State:	Missouri
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:	442.012 R.S. Mo.
Date Enacted:	01/01/1979

Name:	S.B. 820
Date Enacted:	06/29/2022
Effective Date:	01/01/2023

Contact

Name:	Missouri Department of Natural Resources’ Division of Energy Division of Energy
Address:	1101 Riverside Drive Jefferson City MO 65102
Phone:	(573) 751-2254
Email:	energy@dnr.mo.gov

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.