Montana Statewide Rule

Montana Solar Easements Are Voluntary; No HOA Solar Mandate

Some RestrictionsApplies statewide across Montana (2026)

Montana's solar-easement statute (MCA 70-17-301 to 70-17-303) lets adjoining owners create voluntary, recorded easements for solar access. It does not override HOA covenants: Montana has no statute barring an HOA from restricting rooftop solar.

Key Facts

Easement statute: MCA 70-17-301 to 70-17-303
Nature: Voluntary neighbor agreement
Recording: Required for enforcement
HOA solar bans: Not overridden by statute

Source: Montana Legislature

Full Breakdown

MCA 70-17-301 through 70-17-303 authorize solar easements that, once recorded, are enforceable like other property easements. They work only by voluntary written agreement between neighboring owners to protect a solar collector's access to sunlight. Montana has no solar-access statute that voids HOA covenants, so a recorded declaration restricting or prohibiting rooftop solar may be enforceable. The easement law gives no homeowner a right to install panels over an association's objection; it only lets neighbors bargain for and record light-access rights. Local zoning may address solar separately.

Violations & Penalties

Interfering with a recorded solar easement may support an action for injunctive relief and damages for lost solar access under general property law.

Frequently Asked Questions

Can Montana HOAs ban solar panels?

Possibly yes. Montana has no statute voiding HOA solar restrictions. The solar-easement law only enables voluntary neighbor easements and does not override covenants, so an HOA rooftop-solar restriction may be enforceable.

How do I create a solar easement in Montana?

Negotiate a written agreement with the affected neighbor, describe the solar-access area precisely, and record it with the county clerk under MCA 70-17-301 to 70-17-303.

Sources

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