from Charles in New Berlin, WI :
#362
We own the southern half of a two-unit, side-by-side condo. Our portion has a large roof with southern exposure. We are interested in solar water heating and have had one supplier give us a proposal. My primary question is what experience has there been in dealing with a condo association in allowing such an installation, and what rights, if any, the owner of the northern unit would have either in terms of preventing this or sharing in the benefits?
The law protects your right to install renewable energy systems.
I'm glad to hear you are considering a solar hot water system! First, please remember we recommend that you get at least three bids for your project. You can find a list of Full Service Installers on the Focus on Energy Web site.
Wisconsin has several laws that protect your right to install a solar (or wind) energy system. First of all, on private land use:
Wisconsin Statute § 236.292, voids all restrictions on platted land that prevent or unduly restrict the construction or operation of solar and wind energy systems. This law effectively prohibits private land use controls (e.g., deed restrictions, homeowner association regulations, easements, etc.) from preventing the installation and operation of wind and solar energy (thermal and electric) systems.
In addition, the town, village, or whomever would handle the permit for the project must adhere to the following:
Under Wisconsin Statute § 66.0401, local governments--counties, towns, cities and villages--may not place any restriction on the installation or use of solar or wind energy systems unless the restriction:
• serves to preserve or protect public health or safety
• does not significantly increase the cost of the system or decrease its efficiency
• allows for an alternative system of comparable cost and efficiency
You can find a nice summary of the solar and wind access laws on the Database of State Incentives for Renewables & Efficiency (DSIRE).
Please contact the Public Service Commission of Wisconsin for more information.
Published Wednesday, October 28, 2009