Apex's Solar Energy: The Rules That Matter

Every city handles solar energy a little differently. In Apex, North Carolina, there are 2 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

HOA Restrictions

North Carolina has a partial Solar Access Statute at NCGS 22B-20 that VOIDS HOA covenants that 'prohibit, or have the effect of prohibiting, the installation of a solar collector' on residential property. However, the statute contains a substantial carve-out at NCGS 22B-20(d) allowing HOAs to PROHIBIT solar collectors on (1) facades facing a public or common street, (2) roof surfaces sloping toward such facades, and (3) areas within sight lines from those facades. Reasonable rules on location and screening under subsection (c) are also enforceable. Voluntary solar easements between neighbors are also recognized under NCGS 22B-20.

Key details: Statewide Solar Statute: NCGS 22B-20 (PARTIAL protection). Total Bans: VOID under subsection (a). Reasonable Location Rules: Allowed under subsection (c). Visibility Carve-Out: Subsection (d) — front-facing roof bans OK. Condos Excluded: Multi-story with horizontal unit boundaries.

An HOA that adopts or enforces a covenant that totally prohibits residential solar collectors in violation of NCGS 22B-20(a) faces a homeowner action in Wake County Superior Court, with the prevailing party entitled to recover reasonable attorney's fees and costs under NCGS 22B-20(e). Reasonable location-and-screening rules under subsection (c) and the visibility prohibition of subsection (d) are NOT unlawful and are enforceable by the HOA against the homeowner. A homeowner who installs solar in defiance of an enforceable subsection (d) prohibition (front-facing roof, common-area visibility) is subject to HOA injunction, fines, liens under NCGS Chapter 47F-3-116, and forced removal at the homeowner's expense, all enforceable in Wake County Superior Court. The Town of Apex will still issue building and electrical permits regardless of HOA dispute — the Town does not enforce private covenants — but Apex Electric or Duke Energy interconnection paperwork is independent of HOA approval.

Panel Permits

Apex has aggressively streamlined residential solar permitting. In July 2018 the Town eliminated the $100 application review fee and the ~$100 building-inspection fee for standard rooftop solar PV systems, removed the engineer's-seal requirement for rooftop PV under most cases, and raised the residential rooftop system cap from 10 kW to 20 kW. The Town targets a 3-business-day review for completed 1- and 2-family solar permits (10 days for commercial). Time-of-Use rates are optional for solar customers, and credits for excess generation can be carried forward as long as the account remains active. State law (NCGS 160D-914) prohibits HOA bans on solar collectors.

Key details: Permit Authority: Apex Planning Department / Inspections (919-249-3418). Application Fee: $0 review fee for standard rooftop residential PV (eliminated 2018). Inspection Fee: $0 standard inspection fee (eliminated 2018). Engineer Seal: Not required for standard rooftop PV (eliminated 2018). Residential System Cap: 20 kW rooftop (raised from 10 kW in 2018).

Installing a rooftop solar PV system without a Town permit / inspection is a Town Code / building-code violation; the Town may require removal, retrofit, or re-permitting plus civil penalties under standard NC municipal authority (up to $500/day, each day a separate offense). Unlicensed electrical work can trigger NC State Electrical Licensing Board action.

Apex is more permissive than most cities when it comes to panel permits. That said, there are still limits.

The Bottom Line

Apex's solar energy rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Apex is broadly strict or permissive.

This guide is based on Apex's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.