HomeMy WebLinkAbout05-12-23 Pulbic Comment - J. Mayr - Solar Easements � .;
Jack Mayr Afm-I;t
901 Woodland Dr.
Bozeman, MT 59718
March 8 2023
Christopher Coburn
Bozeman City Commission
121 N Rouse Ave.
Bozeman,MT 59715
Dear Mr. Coburn
I am writing today to bring to your attention the content of Montana code annotated 70-17-301/302,
concerning the regulations on creation and content of Solar Easements. My hope is that I may
convince you to add a local ordinance for the City of Bozeman to the ruling of these sections such
that it is no longer in the hands of a Homeowners Association whether or not a person may have a
solar energy system on their house, or on their property. It is the right of a property owner to do with
their property what they please,especially if their intentions are to reduce their at-home dependence
on nonrenewable energy and to assist in the normalization of solar energy.
The city of Bozeman has already created a plan for reducing emissions in 2020, but without this
change of legislation, the path to cleaner energy for the average citizen is still a difficult road to
travel. 70-17-301 states that"An easement obtained for the purpose of exposure of a solar energy
device must be created in writing," in the current economic climate we live in, with people working
longer hours, many lack the time required to appeal to their Homeowners Association about their
Solar Energy Easements. In Montana Annotated Code 70-17-101(8) it is stated that servient
homeowners have, "the right of receiving air, light, or heat from or over"the right of receiving air,
light, or heat from or over or discharging the same upon or over land;"the ability of Homeowners
Associations to disallow a property owner from receiving the light that would naturally fall onto their
land directly goes against this right.
My proposed solution is to put the duty of creating easements for solar energy into the hands of the
creator of the Homeowners Association instead of the Homeowner who typically lacks time and
energy to file the correct documents. In order to ease the process of understanding whether or not the
neighborhood that one lives in allows/disallows solar energy, and also give the homebuyer more
information about the home and neighborhood they are moving into. These would give back to the
Homeowners the power over their land to use the energy they want, in the quantities they need, in a
greatly expedited manner, compared to the current system.
The change in the laws for homeowners associations, I believe, would result in an increase in solar
energy production in Bozeman, and thus increase the reality of the energy goal established by the
City of Bozeman in 2020. This would also essentially reestablish the right of the people to own and
establish their own land on their own terms,which they should have always had the right to do.
RespPobert
Ily,
Jack Leon Mayr,