Nashua's Solar Energy: The Rules That Matter

Every city handles solar energy a little differently. In Nashua, New Hampshire, 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.

Panel Permits

Solar PV installations in Nashua require a building permit from the Building Safety Department at Nashua City Hall (229 Main Street) under Chapter 158 (Building Code), Article II, which adopts the New Hampshire State Building Code under RSA 155-A. A separate electrical permit is also required and is reviewed under the National Electrical Code as adopted by the NH State Building Code. Nashua's Permit Fee Schedule sets the residential building-permit fee at $0.18 per square foot of area affected, plus a $35 filing fee and a $25 Land Use review fee; commercial solar energy systems are billed at $0.65 per $100 of construction cost. Nashua administers the state-authorized Solar Energy Systems Property Tax Exemption under RSA 72:62, with applications due to the Assessing Department by April 15.

Key details: Governing Code: Chapter 158 — Building Code (adopts NH State Building Code under RSA 155-A). Permitting Office: Building Safety Department, 229 Main Street. Residential Fee: $0.18 per sq ft + $35 filing + $25 Land Use review. Commercial Solar Fee: $0.65 per $100 of construction cost. Electrical Permit: Required separately under NH State Building Code.

Installing solar PV without a building or electrical permit violates Chapter 158 of the Nashua Revised Ordinances and the New Hampshire State Building Code (RSA 155-A) and is enforceable by stop-work order, after-the-fact permitting (typically at doubled fees), denial of final inspection, and civil penalty. Energizing an unpermitted electrical system or doing electrical work without a licensed electrician violates RSA 319-C (Electricians) and is enforceable by the NH Electricians Licensing Board. Interconnecting an unapproved generator with the Eversource (or other utility) distribution system violates the utility's tariff and RSA 362-A:9 / Puc 900 net-metering rules and can result in service disconnection. Filing a fraudulent RSA 72:62 property-tax exemption application can result in revocation of the exemption, recovery of back taxes, and penalties under RSA 76:17-a.

HOA Restrictions

New Hampshire does NOT have a statewide solar-access override statute comparable to Colorado, Florida, Texas, or California. The state's solar statutes — RSA 477:49, RSA 477:50, and RSA 477:51 — authorize VOLUNTARY solar skyspace easements that must be negotiated and recorded by the property owners involved, but they do NOT void HOA covenants that restrict solar installations. A Nashua HOA whose declaration or rules prohibit or limit rooftop or ground-mount solar can generally enforce those restrictions absent a separately negotiated solar skyspace easement. Disputes are resolved in Hillsborough County Superior Court under contract and condominium-association law.

Key details: Statewide Solar HOA Override: NONE — New Hampshire does not preempt HOA solar restrictions. Solar Skyspace Easement Authority: RSA 477:49, RSA 477:50, RSA 477:51 (voluntary). Easement Recording: Same as any conveyance of real property — county registry of deeds. Minimum Easement Term: 10 years (RSA 477:50). Zoning Frontage / Area Exemption: Solar skyspace easement is exempt (RSA 477:49).

If a Nashua HOA enforces a covenant prohibiting solar, the homeowner's recourse is contractual — typically a declaratory-judgment or injunctive action in Hillsborough County Superior Court arguing that the covenant is ambiguous, has been waived, or has been overridden by a recorded solar skyspace easement under RSA 477:50. Unlike the solar-rights statutes in Colorado (CRS 38-30-168), Florida (FS 163.04), Texas (Property Code 202.010), or California (Civil Code 714), New Hampshire has no statute that automatically voids restrictive HOA covenants on solar. An HOA's restrictions can be unenforceable if they were procedurally improper (e.g., adopted in violation of the declaration's amendment provisions or RSA 356-B for condominium associations) or if they unreasonably restrict a recorded solar skyspace easement. Condominium associations are also governed by RSA 356-B (Condominium Act), which requires reasonable rule-making procedures.

The Bottom Line

Nashua'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 Nashua is broadly strict or permissive.

All of the above reflects Nashua's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.