In assuring solar access, it is necessary to distinguish between siting collectors and protecting their access to sunshine once they have been placed. Siting requires the flexibility to balance potentially competing uses of land; it is best accomplished by zoning and land use planning. Once a collector is sited, however, flexibility must give way to certainty. The necessary certainty cannot be provided by zoning, which conveys no legally enforceable right. It is best accomplished by the recognition of a solar right through a priority-based permit system.
2 Solar L. Rep. 25 (1980)