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Solar Shade Control Act

The Solar Shade Control Act was enacted in 1978 as a way to balance planting trees and shrubs for shade and visual appeal with the goal of increased use of solar energy devices, whose performance can be hindered by nearby vegetation.

There are situations in which the need for alternative energy devices, like solar collectors, requires specific and limited controls on trees and shrubs to protect the use of nearby solar energy systems. However, it is somewhat confusing as to the extent to which the act protects solar energy systems from vegetation created shade, and is often the cause for many property owners’ clashes.

In this act, “solar collector” is defined as a fixed device or structure that is used primarily to transform solar energy into thermal, chemical, or electrical energy. The solar collector is part of a system that makes solar energy for any or all of the following purposes: water heating, space heating or cooling, and power generation. Solar pools are not protected from shading under the Solar Shade Control Act.

Active or passive?

There seems to be much confusion over what is considered an “active” or “passive” system under the act. There are two main types of solar water heating systems: active and passive.

Active systems use pumps and sensors to control the flow of the water into/out of the collector.
Passive systems have no moving parts and rely on water pressure from the homes plumbing and convection to move water through the collector.

Both active and passive solar water heating systems are used primarily to convert solar energy into hot water. They are considered solar collectors under the Act and are entitled to protection from shading.

Installation requirements

Solar collectors need to be installed according to specific local building and setback requirements. They must be set back not less than 5 feet from the property line and no less than 10 feet above the ground. It may be less than 10 feet in height but, only if in addition to the 5 feet setback, the collector is set back three times the amount lowered. So, it’s possible that the solar energy system that meets the definition of a solar collector may be installed incorrectly, thus violating the setback requirements. If this were to happen, there’d be no protection from the provisions of the act.

Threshold for violation

The Act prohibits people from planting trees or shrubs or allowing a newly planted tree or shrub to cast a shadow over more than 10% of a solar collector on a neighboring property during the hours of 10 a.m. to 2 p.m. This applies to existing or newly planted trees that don’t cast a shadow on the solar collector within one year of the collector’s installation. If trees cast a shadow on the solar collector at the time of installation, or if the trees begin to cast a shadow within one year of its installation, the neighbor with the solar collector wins.

What can happen if you don’t comply

Whether you’re a property owner or a renter, if you maintain any tree or shrub that is in violation, you will receive a 30-day notice in writing from a district attorney, city attorney, or prosecuting attorney to remove or alter the tree or shrub. If you don’t comply you’ll be guilty of a public nuisance (infraction). The complainant can proceed with action against you if, after the 30 days has expired, the tree or shrub wasn’t altered or removed. For each and every day after the 30 days has expired that you do not remove or alter the trees/shrubs, you will be guilty of violating this Act by continuous prosecutions until the violation is corrected. Each and every violation is punishable by a fine not to exceed one thousand dollars.

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