Washington Statewide Rule
Washington Solar Permit and Local Approval Limitations
Key Facts
- Solar policy
- RCW 64.04.140
- HOA protection
- RCW 64.38.055
- Condo/WUCIOA protection
- RCW 64.90.510
- Permits
- Local building/electrical permits apply
Summary
Washington RCW 64.38.055 and RCW 64.90.510 bar HOAs and condominium associations from prohibiting solar panels. State policy under RCW 64.04.140 encourages solar energy and authorizes solar easements. Cities may still require building and electrical permits.
(1) A city or county planning under RCW 36.70A.040 must allow a building to exceed any maximum allowable roof height limits by at least 48 inches to accommodate a roof-mounted solar energy panel. (2) For purposes of this section, "solar energy panel" means a panel device or system or combination of panel devices or systems that relies on direct sunlight as an energy source, including a panel device or system or combination of panel devices or systems that collects sunlight for use in: (a) The heating or cooling of a structure or building; (b) The heating or pumping of water; (c) Industrial, commercial, or agricultural processes; or (d) The generation of electricity.
Full Breakdown
RCW 64.04.140 declares that the economic and environmental benefits of solar energy are in the public interest and authorizes privately negotiated solar easements to protect access to sunlight. RCW 64.38.055 voids HOA governing documents that prohibit solar panels on an owner's property, allowing only reasonable placement rules; RCW 64.90.510 extends the same protection to condominium and WUCIOA communities. Cities and counties may require building and electrical permits and apply the Washington State Energy Code, but the association protections make covenant-based solar bans unenforceable.
Violations & Penalties
HOA enforcement of prohibited solar restrictions exposes the association to injunctive relief and attorney fee awards, with covenants deemed void and unenforceable to that extent.
Frequently Asked Questions
Can a Washington city require permits for residential solar panels?
Can my HOA force me to remove solar panels in Washington?
Sources
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