Whatcom County, WA Solar Energy: HOA Restrictions (2026)
Key Facts
- Governing law
- RCW 64.38.055
- HOA outright ban
- Void and unenforceable
- Max output loss from shielding
- 10 percent
- Retroactive to
- July 26, 2009
- Common areas covered?
- No, excluded
- Statute sunsets
- January 1, 2028
Summary
Washington law voids any Whatcom County homeowners association rule that bans rooftop or ground-mounted solar panels outright. HOAs may only impose reasonable placement conditions, not a prohibition, under RCW 64.38.055.
(1) The governing documents may not prohibit the installation of a solar energy panel by an owner or resident on the owner's or resident's property as long as the solar energy panel: (a) Meets applicable health and safety standards and requirements imposed by state and local permitting authorities; (b) If used to heat water, is certified by the solar rating certification corporation or another nationally recognized certification agency... (2) The governing documents may: (a) Prohibit the visibility of any part of a roof-mounted solar energy panel above the roofline... (c) Require... (ii) An owner or resident to shield a ground-mounted solar energy panel if shielding the panel does not prohibit economic installation of the solar energy panel or degrade the operational performance quality of the solar energy panel by more than ten percent... (5) This section does not apply to common areas as defined in RCW 64.38.010. (6) This section applies retroactively to a governing document in effect on July 26, 2009. A provision in a governing document in effect on July 26, 2009, that is inconsistent with this section is void and unenforceable.
Full Breakdown
055 governs every homeowners association in unincorporated Whatcom County, including Birch Bay, Point Roberts and the rural county (Bellingham, Ferndale, Lynden, Blaine, Everson, Nooksack and Sumas residents fall under their own city HOAs but the same state statute applies). An HOA's governing documents cannot prohibit an owner or resident from installing a solar energy panel on their own property, so long as the panel meets state and local health and safety permitting standards, is certified by the Solar Rating Certification Corporation (or another nationally recognized agency) if it heats water, and meets National Electrical Code, IEEE and UL safety and performance standards if it generates electricity.
Within that floor, an HOA retains real design authority: it may prohibit any part of a roof-mounted panel from being visible above the roofline, may limit street-facing roof panels to installations that conform to the roof's slope with the top edge parallel to the ridge, may require frames, brackets, piping or wiring to be painted to match the roofing material, may require an owner to shield a ground-mounted panel (as long as shielding doesn't block economical installation or cut output by more than 10 percent), and may require the installing owner to indemnify the association for damage the installation causes.
010, and it applies retroactively: any governing document provision in effect on July 26, 2009 that conflicts with it is void and unenforceable. Note the section is effective only until January 1, 2028, when 2024 c 321 s 503 repeals it.
Violations & Fines
There is no local Whatcom County permit or fee tied to this statute; enforcement runs through the HOA's own governing documents and, if the association still refuses a compliant installation, through a civil declaratory or injunctive action in Whatcom County Superior Court under RCW 64.38's general enforcement provisions, not a county code citation.
Frequently Asked Questions
Can my Whatcom County HOA simply refuse to let me install solar panels?
Can the HOA still control where the panels go?
Does this rule cover shared HOA common areas like a clubhouse roof?
Does a pre-2009 CC&R clause banning solar still apply?
Sources & Official References
Other rules in Whatcom County
Compare Whatcom County to another location·View the Washington solar energy overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.