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.
6 comments:
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.
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..
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.
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.
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.
Move the panels. Problem solved.
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