Wyoming Statewide Rule
Wyoming Solar Rights Act Does Not Override HOA Covenants
Key Facts
- Statute
- Solar Rights Act, W.S. 34-22-101 to -106
- HOA covenants
- Not overridden; written contract controls
- Local-government limit
- No ban except health/safety (§34-22-105(c))
- Solar right
- Line-of-sight to winter-solstice sun
- Enforcement
- Private civil suit, district court
Summary
Wyoming's Solar Rights Act (W.S. 34-22-101 through 34-22-106) makes solar access a property right against neighbors and local governments, but it does not void homeowners-association covenants. The statute measures the solar right 'except as otherwise provided by written contract,' so a recorded HOA covenant can restrict panels.
34-22-103. Declaration of solar rights. (a) The beneficial use of solar energy is a property right. (b) In disputes over the use of solar energy: (i) Beneficial use shall be the basis, the measure and the limit of the solar right, except as otherwise provided by written contract... (c) Solar rights are property rights and as such shall be freely transferable within the bounds of law. ... 34-22-105. ... (c) No local government shall prohibit the construction or use of solar collectors except for reasons of public health and safety...
Full Breakdown
The Solar Rights Act creates a recordable line-of-sight solar right to the winter-solstice sun, established through local-government solar permits (W.S. 34-22-105, 34-22-106). But W.S. 34-22-103(b)(i) subordinates that right to any 'written contract', and an HOA declaration or CC&R is a written contract. No Wyoming statute prohibits an association from restricting or banning rooftop solar, and the state has no covenant carve-out like California or Texas. Only local governments are constrained: W.S. 34-22-105(c) bars a city, town or county from prohibiting solar collectors 'except for reasons of public health and safety.' Covenant disputes are private civil matters resolved in district court.
Violations & Penalties
Wyoming imposes no state penalty on an HOA that restricts solar. A homeowner who installs panels against a recorded covenant risks association fines, forced removal, and liens enforced by civil suit in district court.
Frequently Asked Questions
Can a Wyoming HOA ban rooftop solar panels?
Does Wyoming have any solar-access law?
Sources
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