Legislation signed by Gov. John Carney bars covenants or other restrictions that would halt or unreasonably limit the use of roof or ground-mounted residential solar systems.
The bill applies to unreasonable restrictions regardless of the date recorded.
This bill points out the policy of the State of Delaware to protect public health, safety, and welfare by encouraging the development and use of renewable resources.
The provides for costs and reasonable attorneys’ fees to be awarded to the prevailing party in any litigation arising under the provisions of the bill.
The amended bill allows reasonable restrictions on roof or ground-mounted solar systems and lowers the voting margin for a homeowners group to ease restrictions from a two-thirds vote to a simple majority.
Delaware, despite being the second smallest state in land area and having many cloudy days, ranks 32ndoverall in solar installations. It ranked 39thin 2018, according to the Solar Energy Industries Association.
Click here for more details on the bill which was passed unanimously by the Senate, with three no votes in the House from central and southern Delaware Republicans.