Article Real Property
(a) (1) In this section the following words have the meanings indicated.
(2) “Restriction on use” includes any covenant, restriction, or condition
(i) A deed;
(ii) A declaration;
(iii) A contract;
(iv) The bylaws or rules of a condominium or homeowners
(v) A security instrument; or
(vi) Any other instrument affecting:
1. The transfer or sale of real property; or
2. Any other interest in real property.
(3) “Solar collector system” means a solar collector or other solar energy
device, the primary purpose of which is to provide for the collection, storage, and
distribution of solar energy for electricity generation, space heating, space cooling, or
(4) “Solar easement” means an interest in land that:
(i) Is conveyed or assigned in perpetuity; and
(ii) Limits the use of the land to preserve the receipt of sunlight
across the land for the use of a property owner’s solar collector system.
(b) (1) A restriction on use regarding land use may not impose or act to impose
unreasonable limitations on the installation of a solar collector system on the roof or
exterior walls of improvements, provided that the property owner owns or has the right
to exclusive use of the roof or exterior walls.
(2) For purposes of paragraph (1) of this subsection, an unreasonable
limitation includes a limitation that:
(i) Significantly increases the cost of the solar collector system; or
(ii) Significantly decreases the efficiency ofthe solar collector system.
(c) (1) A property owner who has installed or intends to install a solar
collector system may negotiate to obtain a solar easement in writing.
(2) Any written instrument creating a solar easement shall include:
(i) A description of the dimensions of the solar easement expressed
in measurable terms, including vertical or horizontal angles measured in degrees or
the hours of the day on specified dates when direct sunlight to a specified surface of a
solar collector system may not be obstructed;
(ii) The restrictions placed on vegetation, structures, and other
objects that would impair the passage of sunlight through the solar easement; and
(iii) The terms under which the solar easement may be revised or
(3) A written instrument creating a solar easement shall be recorded in
the land records of the county where the property is located.
(d) This section does not apply to a restriction on use on historic property that is
listed in, or determined by the Director of the Maryland Historical Trust to be eligible
for inclusion in, the Maryland Register of Historic Properties.