February 8th, 2008
Trees, Shade and Solar Panels = a Possible Crime
By Michael Santo
Executive Editor, RealTechNews
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.
We Say: 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.
Mike S says:
While I hearing about the trees being cut down, I have to admit that these are the kinds of problems we should be happy to hear about, better than invading more countries for their resources!
Not sure whether it’s practical or not, but I wonder if some large mirrors might solve the problem?
February 9th, 2008 at 1:02 am
Peter R. Landau says:
It seems to me that unless the solar panels were installed prior to the trees being planted. The owner of the solar collectors should have been aware of the fact that trees grow. I think the statute is unconstitutional.
February 9th, 2008 at 7:16 am
Vernon Chase says:
Despite the billions of tax dollars spent in both research grants and direct tax credits over the last 30 years, not one watt of electricity has ever been produced economically. In fact, subsidies discourage fervent development, and encourage indolence! Nuclear power; clean, safe, abundant.
February 13th, 2008 at 11:45 am
BobN says:
Well, talk about irony! This may be the only case where a BUSH might help solve an energy problem!!
February 13th, 2008 at 11:53 am
John Christensen says:
Nuclear may be necessary, but it has had plenty of subsidy of its own.
Let’s not rehearse the past, let’s align our common interests for the future.
February 13th, 2008 at 12:53 pm
Paul Drake says:
I suggest we remove the leaves from the tree and reuse them as toilet paper. This will remove the threat of the shadow and provide the neccessary sunlight to penetrate the solar panel. We have to do anything we can to save our trees and our planet and this is the only suggestion that will do both. By reusing the leaves we will be saving other trees along with saving this single tree while at the same time saving our planet by using Solar. Nuclear is never an option and should never be used. We all need to ban together and use only earth friendly energy resources and cut off the power companies extreme profits. Only our Generation can make a difference for our future.
February 14th, 2008 at 6:00 am
Bill says:
In an effort to strike a balance, in a magnanimous “We can do a step better” sort of way, the owner of the solar panels should offer to plant two new trees on his neighbors property in a location where they will not adversely impact the performance of the solar equipment, at his cost (it doesn’t sound like offering up a few bucks to do the right thing would present any financial duress for this gentleman).
February 14th, 2008 at 6:04 am
Paul Drake says:
Good luck getting the BUsh administration to help. I contacted them earlier in his presidency about our pollution problem and have never heard back. The Bush administrations actions speak louder than words could ever produce so I should have known better. For example, when bush created the 911 attacks he not only destroyed peoples lives but caused great destruction and pollution throughout New York. When Bush blasted the levees in New Orleans, they created even more destruction and pollution that I am not sure will ever be fixed. We have to get these hateful Republicans out of power and get real Americans in there to help fix this mess we are in. If we keep electing these Republicans they will never stop killing us until only the white people that believe like they do are left.
February 14th, 2008 at 6:19 am
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April 30th, 2008 at 2:46 pm