U.S. Virgin Islands - Solar and Wind Easements & Rights Laws
In the U.S. Virgin Islands, you can negotiate for assurance of continued access to the sun or wind your solar or wind system relies on. Deed covenants, mortgage terms, and similar property restrictions cannot prohibit or unreasonably limit installing or using a system, including terms that significantly raise its cost, significantly cut its efficiency, or effectively discourage its use. This is a legal protection rather than a cash incentive, so there is no application, but you can cite it if a restriction blocks your project.
Customers in the U.S. Virgin Islands can install solar or wind systems without being blocked by unreasonable deed, contract, or mortgage restrictions, which helps you close sales where such restrictions come up. Small wind turbine heights follow small wind energy system regulations, while utility-scale turbine heights are limited only as regulated by the FAA. New or substantially modified developments must use solar systems or heat pump water heaters for at least 70% of water heating unless the Commissioner of the Department finds it not cost-effective or in conflict with the building's use.
This is a solar and wind access policy, not a funded incentive, so it involves no budget or application process. It lets system owners negotiate for continued access to their energy source and bars covenants or restrictions in property instruments that prohibit or unreasonably limit systems, with unreasonable defined by significantly higher cost, significantly lower efficiency, or effective discouragement. It also requires developers of new or substantially modified developments to supply at least 70% of water heating with solar or heat pump water heaters, subject to a Commissioner exemption, and it applies to residential, commercial, industrial, institutional, nonprofit, school, and government sectors.
Program details
- Program ID
- 2506
- Last updated
- 1/2/2026
Eligibility
- Sectors
- commercial industrial local government nonprofit residential schools state government federal government institutional
- Technologies
- solar water heat solar space heat solar photovoltaics wind (all) wind (small)
Program summary
In the U.S. Virgin Islands, the owner of a solar or wind-energy system is permitted to negotiate for assurance of continued access to the system’s energy source. "Solar or wind-energy system" is defined as "any system that converts, stores, collects, protects or distributes the kinetic energy of the sun or wind into mechanical, chemical or electrical energy to provide power generation for the heating of water, the heating and cooling of buildings or other structures, and other similar purposes."
Furthermore, any covenant, condition or restriction contained in any deed, contract, mortgage, security instrument or other instrument pertaining to a conveyance, sale or transfer of real property or interest may not prohibit or unreasonably limit the installation or use of a solar or wind-energy system. A covenant, condition or restriction is considered "unreasonable" if it significantly increases the cost and expense of the solar or wind-energy system to its owner or user, or significantly decreases its efficiency, or otherwise effectively discourages the installation or use of a system.
The height of small wind turbines are determined by regulations for small wind energy system and the height of utility scale wind turbines are restricted on to the extent that they are regulated by the Federal Aviation Administration (FAA).
In the construction of new developments or substantially modified developments after the effective date of this subchapter, the developer shall use energy-efficient solar systems or heat pump water heaters for providing not less than 70% of water heating, unless the Commissioner of the Department determines that the use of such a system is not cost-effective or interferes or conflicts with the use of the building.
Contact & resources
- Contact email
- melissa.carter@eo.vi.gov
Please verify current program details with the administering agency before making any financial decisions.
