Colorado Statewide Rule
Colorado Solar Easement and Permit Fee Cap Law
Key Facts
- Residential Fee Cap
- $500 maximum
- Commercial Cap
- $1,000 maximum
- Statute
- HB 21-1284
- Easements
- C.R.S. 38-32.5
Summary
Colorado caps solar permit fees and prohibits restrictions on solar access easements. The law preempts local efforts to block residential solar installations across all Colorado.
24-48.5-113. Limit on fees - active solar energy systems - geothermal systems - definitions - repeal. (1) (a) Except as otherwise provided in this section, the aggregate of all charges or other related or associated fees the state or any agency, institution, authority, or political subdivision of the state may impose or assess to install an active solar energy system or a geothermal energy system shall not exceed: (I) The lesser of the actual costs in issuing the permit or reviewing the application or five hundred dollars for a residential application or one thousand dollars for a nonresidential application if the device or system produces fewer than two megawatts of direct current electricity or an equivalent-sized thermal energy system; or (II) The actual costs in issuing the permit if the device or system produces at least two megawatts of direct current electricity or an equivalent-sized thermal energy system.
Full Breakdown
C.R.S. 38-32.5-100 et seq. authorizes solar easements, and C.R.S. 30-28-103.5 and 31-23-301.5 limit local permit fees for residential solar installations to recovery of actual costs. House Bill 21-1284 capped residential solar permit fees at $500 and commercial at $1,000. Local governments must use streamlined permitting and cannot impose unreasonable design restrictions. The Public Utilities Commission regulates net metering under C.R.S. 40-2-124. Building code compliance still applies through local authorities.
Violations & Penalties
Excessive permit fees or unreasonable restrictions are subject to civil enforcement and fee refunds; the Colorado Energy Office investigates complaints.
Frequently Asked Questions
Can my Colorado city charge high permit fees for solar?
Does Colorado have solar easement protections?
Sources
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