Section 564A.1 – Purpose.

564A.1 Purpose. It is the purpose of this chapter to facilitate the orderly development and use of solar energy by establishing and providing certain procedures for obtaining access to solar energy. [81 Acts, ch 184, §3]

Section 564A.2 – Definitions.

564A.2 Definitions. As used in this chapter, unless the context otherwise requires: 1. “Development of property” means construction, landscaping, growth of vegetation, or other alteration of property that interferes with the operation of a solar collector. 2. “Dominant estate” means that parcel of land to which the benefits of a solar access easement attach. 3. […]

Section 564A.3 – Designation.

564A.3 Designation. The city council or the county board of supervisors may designate a solar access regulatory board to receive and act on applications for a solar access easement. The board designated by the city council may be a board of adjustment having jurisdiction in the city, the city council itself, or any board with […]

Section 564A.4 – Application for solar access easement.

564A.4 Application for solar access easement. 1. An owner of property may apply to the solar access regulatory board designated under section 564A.3 for an order granting a solar access easement. The application must be filed before installation or construction of the solar collector. The application shall state the following: a. A statement of the […]

Section 564A.5 – Decision.

564A.5 Decision. 1. After the hearing on the application, the solar access regulatory board shall determine whether to issue an order granting a solar access easement. The board shall grant a solar access easement if the board finds that there is a need for the solar collector, that the space burdened by the easement was […]

Section 564A.6 – Removal of easement.

564A.6 Removal of easement. 1. The owner of a servient estate may apply to the solar access regulatory board or may petition the district court for an order removing a solar access easement granted by a solar access regulatory board under this chapter under any of the following conditions: a. If the solar collector is […]

Section 564A.7 – Solar access easements.

564A.7 Solar access easements. 1. Persons, including public bodies, may voluntarily agree to create a solar access easement. A solar access easement whether obtained voluntarily or pursuant to the order of a solar access regulatory board is subject to the same recording and conveyance requirements as other easements. 2. A solar access easement shall be […]

Section 564A.8 – Restrictive covenants.

564A.8 Restrictive covenants. City councils and county boards of supervisors may include in ordinances relating to subdivisions a provision prohibiting deeds for property located in new subdivisions from containing restrictive covenants that include unreasonable restrictions on the use of solar collectors. [81 Acts, ch 184, §10]

Section 564A.9 – Assistance to local government bodies and the public.

564A.9 Assistance to local government bodies and the public. The department of natural resources shall make available information and guidelines to assist local government bodies and the public to understand and use the provisions of this chapter. The information and guidelines shall include an application form for a solar access easement, instructions and aids for […]