Tennessee Solar Easement and Access Laws
Tennessee law lets you create a written solar easement with a neighboring property owner to protect your solar system's access to direct sunlight. The easement should describe the affected property, the angles it extends, any compensation terms, and how long it lasts, and it must be recorded with the register of deeds in your county so it passes with the property when land is sold. The state Office of Energy Programs in the Department of Environment and Conservation provides a sample easement form you can use.
You can tell customers that Tennessee law allows recorded solar easements to protect sunlight access for solar systems, including PV, solar water heating, space heating, pool heating, and passive solar. A valid easement must be in writing and include a property description, the angles of the easement, conditions for compensation or termination, and its duration, and it should be recorded with the county register of deeds. The state's Office of Energy Programs offers a sample instrument that customers can use as a starting point.
This is a statutory access policy, not a funded incentive, so there is no budget or application process. The statute authorizes voluntary written solar easements recorded with the county register of deeds that run with the land, and it recognizes solar protection as a valid objective for county and municipal zoning regulations. It applies to all sectors and solar technologies, and the Department of Environment and Conservation's Office of Energy Programs provides a sample easement instrument.
Program details
- Program ID
- 18
- Last updated
- 1/2/2026
Eligibility
- Sectors
- commercial industrial local government nonprofit residential schools state government federal government agricultural
- Technologies
- solar - passive solar water heat solar space heat solar thermal electric solar thermal process heat solar photovoltaics solar pool heating
Program summary
Tennessee law allows for the creation of easements for the purpose of ensuring access to direct sunlight for solar energy systems. This statute also states that the "encouragement and protection of solar energy systems is a valid objective which counties and municipalities may consider in promulgating zoning regulations." When land is sold, easements pass with the property as recorded with the register of deeds in the county in which the land is situated.
The written creation of a solar easement shall include but is not limited to: descriptions of the property affected, angles at which the easement extends, and conditions of compensation or termination. Any provisions for compensation of the owner of the property benefiting from the solar easement in the event of interference with the solar easement or compensation of the owner of the property subject to the solar easement for maintaining the solar easement. The period of time for which the easement exists.
Note: The Office of Energy Programs of the Department of Environment and Conservation provides a sample solar energy easement instrument for use in the state.
Contact & resources
- Contact email
- jeff.bolton@state.tn.us
Please verify current program details with the administering agency before making any financial decisions.
