Friday, February 8, 2008

Trees, Shade and Solar Panels = a Possible Crime

Considering solar panels? How is your relationship with your neighbors? You might want to look around you and see if any neighbors have trees which may in the future shade your planned panel locations. Technically, if they eventually do, it will be a crime.

Richard Treanor and neighbor Mark Vargas are both very green. They both recycle, one has a hybrid and the other an all-electric, etc. etc. However, Treanor has ended up in Santa Clara County Superior Court because his large, 35-foot oak trees, which he planted over a decade ago, shade the solar panels in Vargas' yard.

It's because of a little-known California law called the Solar Shade Control Act (.PDF), passed in 1979 after the Oil Crisis convinced California lawmakers (obviously, not federal ones) of the importance of solar energy. The law states:
After January 1, 1979, no person owning, or in control of a property shall allow a tree or shrub to be placed, or, if placed, to grow on such property, subsequent to the installation of a solar collector on the property of another so as to cast a shadow greater than 10 percent of the collector absorption area upon that solar collector surface on the property of another at any one time between the hours of 10 a.m. and 2 p.m., local standard time; provided, that this section shall not apply to specific trees and shrubs which at the time of installation of a solar collector or during the remainder of that annual solar cycle cast a shadow upon that solar collector.
This is the first time this law has ever been applied, and it calls for fines of up to $1,000 a day. Fortunately, Treanor has note been fined, but he has been ordered to cut down two of his trees.

This creates an enormous conundrum, as you can see. Greater adoption of solar panels is necessary in the future, to reduce dependence on oil and global warming. However, reduction of CO2 could certainly be helped by more trees. But we have to cut them down, so solar panels can get sunlight. Quite the dilemma.

Vargas has a $100,000 system which generates enough electricity for his needs. Some might wonder if this is just a typical property line dispute rather than something over solar, but who really knows.

The trees are scheduled to come down on 3/28, but Treanor has indicated he may appeal.

36 comments:

rey said...

This is a stupid problem and I don't see how the law could force Treanor to cut down the tree.

The tree was planted over a decade ago. Vargas and the installers should have known from the start the decade old tree was going to be a problem. The installation should have accounted for the tree's already EXISTING location.

I read the text as stating the tree stays because it was there first. Treanor did not plant the tree AFTER the solar panels.

Vargas should instead sue the fool he paid to install the panels. If he did it himself he has only himself to blame.

Anonymous said...

Interesting delema..

If a neighbor allows his pre-existing tree to grow up to shade my solar panels it is a crime..

Seems ideal for neighbors abuse if someone whats a neighbor to cut down a tree..

Anonymous said...

A single oak tree isn't even a drop in the bucket. Tell you what...to compensate for the loss of an oak tree in California I'll plant a pine tree in Idaho, next to the 10,000 pines I've already got there.

Anonymous said...

Obviously this could be a real problem in the future. Care must be taken so that solar and trees, both important to the environment, are not in conflict. In this case I would think that trimming would be adequate because the trees apparently didn't interfere when the panels were first installed.

At any rate careful planning and a little understanding and compromise are the order of the day.

rey said...

The anonymous statement about a single oak tree is as dumb as the subject itself.

The write will run to a lawyer at the speed of light the instant someone is taking control over his property.

quattrone said...

Move the panels. Problem solved.

mobile phone sell said...

I think reduction of CO2 could certainly be helped by more trees,but they have to cut them down, so solar panels can get sunlight.

recycle cell phone said...

"Trees, Shade and Solar Panels = a Possible Crime" - This post is really worth reading and interesting as well.

Scott Stuart said...

The installation should have accounted for the tree's already EXISTING location.Interesting information. Thanks for sharing with us...

declaring bankruptcy said...

After January 1, 1979, no person owning, or in control of a property shall allow a tree or shrub
to be placed.

cottages said...

I would think that trimming would be adequate because the trees apparently didn't interfere..Thanks

Capital Gold Group said...

This is the first time this law has ever been applied, and it calls for fines of up to $1,000 a day. I means, Treanor has note been fined, but he has been ordered to cut down two of his trees.

data services said...

Its a situation of dillema.Bt....every problem has a solution.SO focus.Get the trees trimmed bt i know what if trimming not worked?-then either cut trees or dont install solar panels at place where trees r already planted.well,thanks for sharing with us.

Pet Care Rx Reviews said...

This section shall not apply to specific trees and shrubs which at the time of installation of a solar collector or during the remainder of that annual solar cycle cast a shadow upon that solar collector

Max Furniture said...

I appreciate you for your analysis but its not correct ,you just change your vision results will change..

office cleaning services said...

Trees, Shade and Solar Panels = a Possible Crime by this staza i think that the writer want to say to stop these type of crimes otherwise we have to suffer a great loss in future.

Gatehouse Academy Review said...

Trees are very important they should not get cut down... Greater adoption of solar panels is necessary in the future, to reduce dependence on oil and global warming. However, reduction of CO2 could certainly be helped by more trees.what should be done?waiting for further elaborated blog...

Fed Mod said...

Sorry I am not agree with you "Trees, Shade and Solar Panels = a Possible Crime"

Debt Consolidation Loans said...

Greater adoption of solar panels is necessary in the future, to reduce dependence on oil and global warming.

freightbrokering.info said...

We can not let nature get in the way of progress in any way or we will never destroy ourselves. This should be common knowledge.

baby products said...

Who has seen the future....if someone plant has planted trees before this law passed ,infront of their house its not their fault..trees are important but ya solar panels too are important... California law must be followed..

cash for cell phones said...

Greater adoption of solar panels is necessary in the future, to reduce dependence on oil and global warming.

Dodge Caravan parts said...

This post it is really Good thanks for sharing with us...

Gaston Cantens said...

Greater adoption of solar panels is necessary in the future, to reduce dependence on oil and global warming. But reduction of CO2 could certainly be helped by more trees.so cutting down would be problematic.

old cell phone donations said...

It was small enough for wood-stove heating, faced the right way for good solar exposure and, most important, was in a liberal suburb that embraces all things ecological.

Ford contour parts said...

Care must be taken so that solar and trees, both important to the environment, are not in conflict. In this case I would think that trimming would be adequate because the trees apparently didn't interfere when the panels were first installed.

Local Internet Marketing said...

Care must be taken so that solar and trees, both important to the environment, are not in conflict.

Professor Prosperity said...

Well Treanor did not plant the tree AFTER the solar panels.

cash for old mobiles said...

Solar Panels are very helpful to secure future or to secure the gasoline and other resources which may be available in low quantity in future and I think its not crime,its alternate way to use natural resources or to protect the natural resources which are on end...

friendship bracelet said...

Solar panels are very useful save your money to save natural resources which are in limited quantity and I think its a best sources to use for many purposes....

PetCareRx scam said...

The heading of this post speaks everything,,ya definitely solar panels are awesome and beneficial but it doesnot mean that realizing the importance of solar panels! we should forget the importance of trees!

software development database said...

I totally agree that adoption of solar panels is necessary to reduce usage of oil and the effect of global warming.

eBridge advertising said...

Only one thing can be done either cut trees or dont install solar panels at place where trees are already planted.well,thanks for sharing with us.

value of home said...

As a gesture of goodwill you could offer to buy them a couple of new trees to plant in a better location on their property. Good neighbors deserve good treatment.

Kripaluji Maharaj said...

I would not it as a possible crime but yeah, the nature has its own beauty and i am in favor of natural things.

sex shop said...

Quite effective info, thank you for the post.