Solar power projects can add value to existing municipal buildings and landfills, improve local air quality and create green jobs. Although some local governments have the expertise and resources to create financial incentives, finance private solar projects, retrofit buildings, or develop their own solar power projects, many do not have the same capabilities. However, there are some low-risk and low-cost, entry-level steps that many cities and counties can take to create environments that encourage the development of solar power.

Solar power constitutes a small amount of the renewable energy generated in the United States, but its use is growing, aided by state and federal financial incentives, solar power purchases by public and private utility power authorities, state renewable portfolio standards and energy efficiency goals, efforts to increase diversity of energy sources, and technical assistance programs for local governments and consumers. The 2009 stimulus package includes $16.8 billion for the U.S. Department of Energy Office of Energy Efficiency and Renewable Energy's programs and initiatives, of which $117.6 million is allocated for the agency's solar program. In addition, 45 states, the District of Columbia, Puerto Rico and the U.S. Virgin Islands offer financial incentives to use solar photovoltaic (PV) panels.

As a result, investments in the industry are significant, even in Northeastern states, which receive fewer kilowatt hours of solar radiation per square meter. For example, in January 2010, the New York State Energy Research and Development Authority, which administers New York's recovery act programs, announced an additional $10 million in federal stimulus funding for the installation of solar PV systems.

Steps Locals Can Take as Land Use Regulators

Many local officials think of solar panels as providing power to their buildings. However, local governments can take several steps to increase the number of privately developed solar projects by clarifying land use requirements, creating host sites that are attractive to solar power developers and promoting solar power development. For example, many municipalities have changed solar energy zoning codes, which have defined conditions for new solar projects and whether variances will be needed. The following are areas in which some local governments have changed regulations to encourage solar energy development.

Use restrictions. Zoning codes should specify in which districts solar energy is permitted. Ithaca, N.Y.'s zoning code, for example, provides that rooftop, building-mounted, ground-mounted and freestanding solar collectors are permitted in all zoning districts, subject to setback requirements and height limits. Zoning codes also can exempt solar projects from needing a variance for a utility use in certain zones or at landfill sites. Seattle authorizes solar collectors that increase an existing nonconforming use.

Height limits. Zoning codes also should specify whether solar panels must be installed within building height limits, whether those panels are mounted on rooftops or on the ground. Oyster Bay, N.Y., for example, lists solar panels along with antennas, chimneys, cupolas and the like in its height limit exception, allowing an extra 10 feet in residential districts and 15 feet in nonresidential districts, and excludes solar panels from the limit of 10 percent roof coverage that applies to other height exceptions. Roseville, Calif., in contrast, requires solar panels in residential zones to be within building height limits, "in a manner that does not detract from the surrounding neighborhood and preserves the residential nature of the house" such as "close to parallel to the pitch of the roof and in close proximity to the roofing material."

Lot coverage limits. Zoning codes also should specify whether solar collectors may be located in front and side yards, and establish setback requirements.

Installation or decommissioning requirements. When the local government has additional requirements, specifying them in the zoning code will help developers design projects more likely to gain prompt approval. For example, Ithaca requires installation by qualified solar installers, inspection of electrical and public utility grid connections, storage of solar batteries in secure containers and removal of solar collectors that have been non-operational for 12 months.

Shading. Many state statutes, including those in California, Hawaii, New Mexico and New Jersey, restrict shading of solar panels, and also invalidate restrictive homeowners' association and condominium rules that prohibit solar panels for purely aesthetic reasons. Shading on existing or future solar projects also can be regulated locally. For example, Fillmore County, Minn., and Massena, N.Y., prohibit new buildings and landscaping from shading solar energy systems on adjacent lots. The SolarAmerica Board for Codes and Standards, www.solarabcs.org, has developed a model solar access statute.