TITLE XLVIII
CONVEYANCES AND MORTGAGES OF REALTY

CHAPTER 477
CONVEYANCES OF REALTY AND INTERESTS THEREIN

Solar Skyspace Easements

Section 477:49

    477:49 Definitions. –
As used in this subdivision:
I. "Solar energy" means radiant energy, whether direct, diffuse, or reflected, received from the sun at wavelengths suitable for conversion into thermal, chemical, or electrical energy.
II. "Solar energy collector" means part or all of a device or structure used to transform solar energy into thermal, chemical, or electrical energy and any space or structural components of a building specifically designed to retain heat derived from solar energy.
III. "Solar skyspace" means the space between a solar energy collector and the sun which must remain unobstructed in order to permit sufficient solar energy to the collector for thermally efficient operation.
IV. "Solar skyspace easement" means a limitation, whether or not stated in the form of a restrictive easement, covenant, or condition, in any deed or other instrument executed by or on behalf of the landowner described in the deed or instrument creating and preserving a right to unobstructed access to solar energy; provided, however, the easement shall be exempt from the frontage and area requirements of local zoning ordinances.

Source. 1985, 369:3, eff. Aug. 17, 1985.