§1423. Use and installation of solar energy devices
1.
Application.
This section applies to a legal instrument adopted or created after September 30, 2009 that defines or limits the rights or privileges of owners or renters with respect to the use of residential property.
[PL 2009, c. 273, §2 (NEW).]
2.
Right to install and use solar energy devices.
Except as provided in subsections 3 and 4, a legal instrument subject to this section may not prohibit a person from installing or using:
A.
A solar energy device on residential property owned by that person; or
[PL 2009, c. 273, §2 (NEW).]
B.
A solar clothes-drying device on residential property leased or rented by that person.
[PL 2009, c. 273, §2 (NEW).]
[PL 2009, c. 273, §2 (NEW).]
3.
Exception.
A legal instrument subject to this section may prohibit the installation and use of solar energy devices on residential property in common ownership with 3rd parties or common elements of a condominium.
[PL 2009, c. 273, §2 (NEW).]
4.
Reasonable restrictions.
A legal instrument subject to this section may include reasonable restrictions on the installation and use of a solar energy device. For the purposes of this section, a reasonable restriction is any restriction that is necessary to protect:
A.
Public health and safety, including but not limited to ensuring safe access to and rapid evacuation of buildings;
[PL 2009, c. 273, §2 (NEW).]
B.
Buildings from damage;
[PL 2009, c. 273, §2 (NEW).]
C.
Historic or aesthetic values, when an alternative of reasonably comparable cost and convenience is available; or
[PL 2009, c. 273, §2 (NEW).]
D.
Shorelands under shoreland zoning provisions pursuant to Title 38, chapter 3, subchapter 1, article 2‑B.
[PL 2009, c. 273, §2 (NEW).]
[PL 2009, c. 273, §2 (NEW).]
SECTION HISTORY
PL 2009, c. 273, §2 (NEW).