Georgia Solar Easement Laws
Georgia law lets you negotiate a written solar easement with a neighbor or adjoining property owner to help protect your solar system's access to sunlight. The easement must describe the affected airspace and state any terms or conditions for granting or ending it, and it must meet the same requirements as other legal easements. It does not provide money, so consider consulting a real estate attorney to prepare and record it.
You can tell customers that Georgia's Solar Easements Act of 1978 allows owners of solar water heating, space heating, thermal electric, process heat, and photovoltaic systems to secure continued sunlight access through a negotiated easement. The easement must be in writing, follow standard easement requirements, describe the affected airspace, and spell out the terms or conditions for granting or termination. Suggest customers get legal help drafting it, since it protects the long-term performance of their installation.
This is a state solar access policy, not a funded incentive, and it works through voluntary written easements negotiated between property owners under the Solar Easements Act of 1978. Each easement must meet general legal easement requirements and include a description of the affected airspace plus the terms or conditions for granting or termination. It applies to a wide range of solar technologies and to residential, commercial, industrial, nonprofit, school, and government property owners.
Program details
- Program ID
- 10
- Last updated
- 1/2/2026
Eligibility
- Sectors
- commercial industrial local government nonprofit residential schools state government federal government
- Technologies
- solar water heat solar space heat solar thermal electric solar thermal process heat solar photovoltaics
Program summary
In determining that the use of solar energy "can help reduce the nation's reliance upon imported fuels," Georgia encourages the development of solar-energy systems. Accordingly, under Georgia's Solar Easements Act of 1978, easements may be established to allow owners of solar-energy systems to negotiate for assurance of continued access to sunlight. Any easement must be created in writing and is subject to the same requirements as all other legal easements. The easement must contain:
- A description of the airspace affected by the easement
- Any terms and/or conditions under which the easement is granted or will be terminated
Contact & resources
Please verify current program details with the administering agency before making any financial decisions.