Bellingham's Solar Energy: The Rules That Matter

If you live in Bellingham or are thinking about moving there, solar energy are one of those things you probably won't think about until they affect you directly. Bellingham has 2 specific rules on the books covering different aspects of solar energy, and some of them might surprise you.

HOA Restrictions

Washington state law sharply limits what a Bellingham HOA may do to a solar installation. RCW 64.38.055 declares that the governing documents of a homeowners' association 'may not prohibit the installation of a solar energy panel by an owner or resident on the owner's or resident's property,' subject to applicable state and local permitting and to reasonable rules on placement and manner that do not significantly increase cost or significantly decrease performance. Condominiums get a parallel protection for solar (and a separate EV-charging right) under RCW 64.34.395. WUCIOA Act communities (associations formed July 1, 2018 or later) are similarly governed by RCW 64.90.510.

Key details: Controlling Statute (Older HOAs): RCW 64.38.055. Controlling Statute (Condos): RCW 64.34.395 (also covers EV charging). Controlling Statute (Newer HOAs): RCW 64.90.510 (WUCIOA). Void Restrictions: Any covenant prohibiting solar installation. Allowed Rules: Reasonable placement and manner — no significant cost/performance hit.

An HOA in Bellingham that enforces a covenant void under RCW 64.38.055, RCW 64.34.395, or RCW 64.90.510 exposes itself to civil suit in Whatcom County Superior Court. Courts have repeatedly held that void HOA solar restrictions cannot be enforced, and may award injunctive relief and the homeowner's costs. Condominium associations that block reasonable EV-charging installations face the same exposure under RCW 64.34.395. The HOA may still adopt and enforce reasonable, content-neutral placement and aesthetic rules — but those rules must not significantly increase the installed cost of the system or significantly decrease its efficiency or performance, or they too are unenforceable.

Bellingham is more permissive than most cities when it comes to hoa restrictions. That said, there are still limits.

Panel Permits

Bellingham is one of the most solar-friendly permit jurisdictions in Washington — the city created the first photovoltaic building permit exemption program in Washington State in 2009. Residential and commercial solar PV is permitted through the Permit Center at 210 Lottie Street under BMC Title 17, which adopts the Washington State Building Code (WAC 51-50 IBC, WAC 51-51 IRC, WAC 51-54 IFC) as required by RCW 19.27. The Washington State Energy Code (WAC 51-11C / 51-11R) is also adopted by reference. Electrical work is permitted and inspected separately by Washington Labor & Industries under RCW 19.28 and Chapter 296-46B WAC. Net metering is administered by Puget Sound Energy under Chapter 480-108 WAC.

Key details: City Building Code: BMC Title 17 (adopts Washington State Building Code per RCW 19.27). Bellingham PV Exemption: First in Washington State — adopted 2009. Electrical Permits: Washington L&I — RCW 19.28 / Chapter 296-46B WAC (NOT city). Energy Code: WAC 51-11C / 51-11R (adopted statewide). Fee Cap Authority: Actual cost recovery — RCW 19.27.085.

Installing solar PV outside the city's residential PV exemption and without a building permit violates BMC Title 17 and the State Building Code Act, RCW 19.27. The city may issue a Stop Work order, require after-the-fact permitting (typically at doubled fees), and refuse the final inspection until brought into compliance. Energizing an unpermitted electrical system violates RCW 19.28 and is enforceable by Labor & Industries with civil penalties up to $10,000 per violation under RCW 19.28.131. Interconnecting an unapproved generator with the Puget Sound Energy distribution system violates the WAC 480-108 net-metering rule and the utility tariff and can result in service disconnection.

If you are coming from a city with tighter rules, you will find Bellingham gives residents more flexibility on panel permits.

The Bottom Line

Compared to many U.S. cities, Bellingham gives residents more room on solar energy. 2 of the 2 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.

Keep in mind that Bellingham can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.