State Solar Policies and HOAs

SR-1 State Policies and HOAs

To educate our residents, the City of Athens has provided a summary of state policies related to a property owner’s solar access and solar rights, including links to state policies.

Solar Access Easements - link.

The state of Ohio allows property owners to write solar easements. Solar easements are binding written agreements that protect the homeowner implementing solar panels on their property. They prevent the obstruction of solar access and ensure the maintenance of proper access to sunlight.

A solar access easement agreement shall include:

• A description of the real property burdened and and benefited by the easement
• A description of the limits in heights, locations, or both, of permissible development on the burdened land in terms of structures, vegetation, or both, for the purpose of providing solar access for the benefited land
• Any terms or conditions under which the solar access easement is granted or may be terminated
• A term stating that the solar access easement runs with the land, unless terminated in accordance with the terms of the easement regarding termination, or unless otherwise agreed by the parties
• Any other provisions necessary or desirable to execute the instrument

All documents to be recorded must be prepared and executed according to provisions set forth in the Ohio Revised Code. Link to Legislation here.

Basic Recording fees are $34.00 for the first two pages and $8.00 for each additional printed page thereafter; $4.00 for each marginal notation/reference. A complete fee schedule is available at Ohio Recorders.

Please note that Ohio House Bill 525 went into effect July 1, 2009. This law establishes standardization guidelines that must be met, with few exceptions, for all recorded documents. If the document does not meet the set guidelines it may be recorded for an additional $20.00 fee. Please feel free to contact the Athens County Recorder's Office with any questions concerning this law. You may also choose to visit Ohio Recorders for details as well as a useful template outlining the requirements.

Athens County Recorder Office: 15 S. Court Street | Room 236 | Athens, OH 45701

State Policies related to HOAs ability to regulate and/or restrict solar PV

Information about Senate Bill 61 can be found here and here.

Athens’ Municipal Code can be found here.

Other Relevant State Policies 

https://puco.ohio.gov/utilities/electricity/resources/ohio-renewable-energy-portfolio-standard