Its difficult to get approval to put solar panels on historic homes

As a land use lawyer for the past 20 years, I understand the need for regulations to protect certain uses from incompatible construction or improvements.  Oftentimes, there is a delicate balancing act between protecting private property rights of the applicant and enforcing land use restrictions that are intended to benefit the public as a whole.

Recently, this clash manifested in New Orleans, LA, when solar panels were denied under historic building preservation regulations.  City officials through the Vieux Carre Commission determined that rooftop solar panels which require roof penetration and – let’s face it – can be a visual eye sore were not consistent with maintaining the historical integrity of the 1834 French Quarter home on which they were proposed.

Historic building preservation regulations are not unique to Louisiana.  Across the country, historic preservation offices are frequently called to determine whether additions like solar panels are consistent with traditional aesthetics of structures.  The National Trust for Historic Preservation in Washington notes that more and more often, local building officials and historic preservation departments are called on to balance homeowners’ desires to go green against maintaining the integrity of the original structure.

Solar panels consistent with historic buildings?

With images like the one to the right in mind, reviewing agencies seek to prevent the jarring appearance of solar panels from detracting from the aesthetics of historic buildings.  And its not just historic building preservation regulations that are coming into play.  Homeowners Associations (commonly known as “HOAs”) often reserve authority to review, approve or deny additions to homes in certain neighborhoods.  Solar panels may be viewed as ugly or even a negative impact on property values, despite the fact that a home with solar panels is worth more than one without.

So what is one to do?  Historic building preservation is a more difficult issue than getting approval from an HOA.  Neighborhood rules can be revised and the boards of directors can be educated regarding the value of solar panels on a home.  But when it comes to maintaining the structural integrity of a historic building so that it looks like it did when constructed, bulky solar panels probably won’t make the grade.  Even if they are proposed for the rear of the home, due to concerns of setting a precedent for additional applications for approval of solar panels.

Your best bet is to go with solar roof shingles, which are a type of building integrated photovoltaics.  The solar tiles made with thin film solar cells, blend right into the profile of the roof and penetrations are not required to secure them to the rooftop.  Alternatively, if allowed under local land use regulations, constructing a stand-alone shed or garage (that would not be a historic structure) on which solar panels could be installed might be an option to consider.

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