In 1977, the State of New Mexico enacted the Solar Rights Act, the first law in the country recognizing the natural resource of solar energy as a property right. The property owner who first claims solar rights (for unhindered access to sun for passive or active solar strategies) can prevent neighborhing property owners from encroaching upon the right with new buildings or trees. I’d love to see many more states follow New Mexico’s lead. For more information contact the Energy Conservation and Management Division, NM Energy, Minerals and Natural Resources Department, 1220 S. Saint Francis, Santa Fe, NM 87505; phone: 505-476-3310; website: www.emnrd.state.nm.us/ecmd/html/solar.htm

Arizona lacks a Solar Rights Act. However, it does have a weaker law that could be enhanced. Solar Rights Law ARS 33-439 has banned any covenant, restriction, or condition from prohibiting the installation or use of a solar energy device.

The progressive communities of Village Homes in Davis, CA and Milagro Cohousing in Tucson, AZ state in their Declaration of Covenants, Conditions, and Restrictions that residents are probibited from interfering with a neighbor’s solar rights. A homeowner is, however, allowed to infringe on his or her own solar rights. And rather than banning the use of clothes lines - otherwise known as solar clothes driers - they encourage their use.