Dane County, WI Solar Energy: HOA Restrictions (2026)

Wisconsin Statute §66.0401(1m) makes any deed restriction, covenant, or other instrument that prohibits or restricts solar energy systems VOID and UNENFORCEABLE unless the restriction (1) serves to preserve or protect public health or safety, (2) does not significantly increase the cost of the system (generally interpreted as 10% or less) or significantly decrease its efficiency (10% or less), or (3) allows alternative systems of comparable cost and efficiency. HOAs in Madison, Sun Prairie, Middleton, Fitchburg, Verona, Stoughton, and Monona subdivisions cannot ban rooftop solar outright. HOAs may still impose reasonable placement guidelines (e.g., prefer rear or side-facing roof surfaces where feasible), require screening of ground-mount equipment, and mandate professional installation meeting the Wisconsin UDC. Battery storage (Tesla Powerwall, etc.) is not explicitly covered by §66.0401 but courts have generally extended protection. Architectural review must be completed within reasonable time; indefinite delays violate the solar-access law. A homeowner denied improperly may sue for declaratory and injunctive relief plus attorney fees.