§ 153A-144. Limitations on regulating solar collectors. - North Carolina Statutes

§ 153A‑144.  Limitationson regulating solar collectors.

(a)        Except as providedin subsection (c) of this section, no county ordinance shall prohibit, or havethe effect of prohibiting, the installation of a solar collector that gatherssolar radiation as a substitute for traditional energy for water heating,active space heating and cooling, passive heating, or generating electricityfor a residential property. No person shall be denied permission by a county toinstall a solar collector that gathers solar radiation as a substitute fortraditional energy for water heating, active space heating and cooling, passiveheating, or generating electricity for a residential property. As used in thissection, the term "residential property" means property where the predominantuse is for residential purposes.

(b)        This section doesnot prohibit an ordinance regulating the location or screening of solarcollectors as described in subsection (a) of this section, provided theordinance does not have the effect of preventing the reasonable use of a solarcollector for a residential property.

(c)        This section doesnot prohibit an ordinance that would prohibit the location of solar collectorsas described in subsection (a) of this section that are visible by a person onthe ground:

(1)        On the facade of astructure that faces areas open to common or public access;

(2)        On a roof surfacethat slopes downward toward the same areas open to common or public access thatthe facade of the structure faces; or

(3)        Within the area setoff by a line running across the facade of the structure extending to theproperty boundaries on either side of the facade, and those areas of common orpublic access faced by the structure.

(d)        In any civil actionarising under this section, the court may award costs and reasonable attorneys'fees to the prevailing party.  (2007‑279, s. 2; 2009‑553, s. 2.)