Insights

Looking at Solar Panels: Neighbors Right to View

Categories : Renewable Energy
February 05, 2025

Written by Thompson Wymard

As more and more solar farms are developed across Pennsylvania, a common refrain from neighbors and objectors is that their view will be disrupted. There is not a law in Pennsylvania that says a project must account for a neighbor’s right to maintain their view or allows a municipality to reject a project based on purely aesthetic grounds.  Unless a zoning or solar ordinance specifically addresses the offensive aspects of the proposed project, a developer’s zoning application can withstand opposition based on “views.”

Viewshed not a Protected Pennsylvania Right

In Pennsylvania, viewshed is not a protected right, and objections to the change in viewshed lack legal merit. The Commonwealth has been long-established law that an owner adjacent to a property does not have a right to a view over their neighbor’s property. An easement for such a view cannot be acquired by prescription (using property a certain way for a period of time) as could happen for a physical pathway or access point.  Hazlett et al. v. Powell et al., 30 Pa. 293 (Pa. 1858); Philadelphia Scoop and Scale Manufacturing Company v. Silberman, 40 A.2d 395 (Pa. 1945). Accordingly, a proposed solar facility cannot be denied because it will change a neighbor’s viewshed. 

A Case of Aesthetics

Furthermore, such a right cannot be backdoored by citing “aesthetics” in the community. The denial of a conditional use or special exception on aesthetics alone, as it relates to view, has been deemed inadequate by Pennsylvania courts. In Heck v. Zoning Hearing Bd. for Harvey’s Lake Borough, a landowner applied for a special exception to erect a second story to his lakefront building. Heck v. Zoning Hearing Bd. for Harvey’s Lake Borough, 397 A.2d 15, 19 (Pa. Commw. Ct. 1979). Such an addition would have exceeded the maximum height level in the district. Based on testimony by protesting residents and the applicant’s own admission, the zoning hearing board found that the view of the lake would be blocked as a result of the construction. In their decision reversing the denial, a Commonwealth Court panel stated that:

The reduced view of the lake was considered by the Board to be contrary to the interest of the community in preserving the scenic beauty of the lake. The question is, however, whether such concern for scenic beauty is a sufficient basis for denial of the special exception. We think not. While this Court has observed that the concept of general welfare of a community in zoning matters includes a consideration of aesthetics, County of Fayette v. Holman, 11 Pa. Commonwealth Ct. 357, 315 A.2d 335 (1973), we have also declared that aesthetics alone cannot support a determination that the general welfare of a community would be adversely affected by the granting of a special exception, Soble Construction Co. v. Zoning Hearing Board, 16 Pa. Commonwealth Ct. 599, 329 A.2d 912 (1974).

This case was further cited in at least two other cases where a telecommunications tower was being erected. Objectors testified that the property value would decrease on surrounding properties and affect the aesthetics of the area.  This was insufficient to meet the objector’s burden. 

Solar Allowed by Ordinance

Where a solar facility is allowed by ordinance, objectors wishing to challenge a project on aesthetic grounds must describe how the proposed facility would specifically impact the community’s aesthetics and viewshed to a greater degree than any other solar facility. While objectors may generally testify about aesthetic changes in the viewshed to argue a proposed solar facility will negatively impact their undeveloped view, that cannot factor into the a Board’s zoning decision. Developers in Pennsylvania can take solace in knowing that there is at least one metric for a solar zoning analysis that likely won’t leave them seeing stars.

Schedule a Consultation With MPL Law Firm

Commercial and utility-scale solar projects have a level of complexity that requires experienced legal support. If you would like representation for your renewables energy project, contact us at MPL Law Firm to schedule a consultation and case evaluation.

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