West Virginia Solar Rights

West Virginia law (H.B. 2740) protects your right to install a solar energy system on your home even if you live in a housing association. Any governing document executed or recorded after June 8, 2012 that effectively prohibits or restricts solar is void and unenforceable, though reasonable restrictions (such as historic preservation or architectural significance) and rules for common areas can still apply. Check your association's documents and local land use, health and safety rules before installing, and note that members can vote to add or remove solar restrictions.

Customers in West Virginia housing associations can generally install solar PV, solar water heating, space heating, thermal electric, or pool heating systems, because post-June 8, 2012 governing documents that effectively ban or restrict solar are void. Systems must be affixed to a building and thermally isolated from living space or areas where the energy is used. Reasonable restrictions (historic preservation, architectural significance, religious or cultural importance), state and local land use, health and safety standards, and association limits on common areas and structures still apply, so verify these with each customer before proposing a project.

This is a solar access policy enacted in March 2012 as H.B. 2740, applying to the residential sector and covering solar water heat, space heat, thermal electric, photovoltaics, and pool heating. It voids governing documents executed or recorded after June 8, 2012 that effectively prohibit or restrict solar systems, while allowing association members to vote to establish or remove such restrictions. It carries no funding or incentive; reasonable restrictions, state and local regulation, and common-area limits remain permitted, and the target group is homeowners in housing associations.