Montana Solar Easement Law Limits Restrictive Covenants

MCA 70-17-301 through 70-17-303 authorizes solar easements that may be created and enforced like other property easements. The statute establishes that solar access agreements between adjoining owners are legally binding when recorded. While Montana lacks a comprehensive HOA solar prohibition like California, the easement law provides homeowners legal tools to secure solar access. Covenants requiring association approval must still permit reasonable solar installations under contract law principles. Local zoning ordinances may not arbitrarily ban solar installations on residential property where the state has authorized solar development.

Violating recorded solar easements may result in injunctive relief, damages for lost solar capacity, and reimbursement of legal fees in property disputes.