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Maine Revised Statutes Title 33. Property § 1423. Use and installation of solar energy devices

Current as of January 01, 2025 | Updated by Findlaw Staff

1. Application. This section applies to a legal instrument adopted or created after September 30, 2009 that defines or limits the rights or privileges of owners or renters with respect to the use of residential property.

2. Right to install and use solar energy devices. Except as provided in subsections 3 and 4, a legal instrument subject to this section may not prohibit a person from installing or using:

A. A solar energy device on residential property owned by that person; or

B. A solar clothes-drying device on residential property leased or rented by that person.

3. Exception. A legal instrument subject to this section may prohibit the installation and use of solar energy devices on residential property in common ownership with 3rd parties or common elements of a condominium.

4. Reasonable restrictions. A legal instrument subject to this section may include reasonable restrictions on the installation and use of a solar energy device. For the purposes of this section, a reasonable restriction is any restriction that is necessary to protect:

A. Public health and safety, including but not limited to ensuring safe access to and rapid evacuation of buildings;

B. Buildings from damage;

C. Historic or aesthetic values, when an alternative of reasonably comparable cost and convenience is available; or

D. Shorelands under shoreland zoning provisions pursuant to Title 38, chapter 3, subchapter 1, article 2-B.  1

1 38 M.R.S.A. § 436-A et seq.
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Cite this article: FindLaw.com - Maine Revised Statutes Title 33. Property § 1423. Use and installation of solar energy devices - last updated January 01, 2025 | https://codes.findlaw.com/me/title-33-property/me-rev-st-tit-33-sect-1423/

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