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California Building Code Q...Ground Mount Setback?

Sard

New Member
Joined
Feb 22, 2023
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5
Location
Northern California Foothills, USA
Ive built a lot of 'structures' and am familiar with setbacks in my area..county docs list it...its on the Plat map...depends on the building (Ag Use is different that home or garage or shop).... but then I ran across this in the CA state codes:

California Residential Code, Title 24, Part 2.5 with July 2024 supplement.

"R324.7.2 Ground-mounted photovoltaic arrays.​

Ground mounted photovoltaic arrays shall comply with this section and the California Electrical Code. Setback requirements shall not apply to ground-mounted, free-standing photovoltaic arrays. A clear, brush-free area of 10 feet (3048 mm) shall be required for ground-mounted photovoltaic arrays."

This same text appears in other areas of California building, planning and land use codes. (Google just the text and see)

I have a 30ft setback on the side of this property, would want to put a ground mount right at 10 feet (would allow me to keep a brush free area). The height at 10ft is 18 inches...the other side of the array is about 8 ft.

County claims a bunch of things. First, have 'we no idea what you mean"...then "oh, thats a fire safe reg, not a building setback rule'..then 'oh we dont follow the state'...then 'oh, we actually exempted ourselves from that' (there is no evidence, filing, ordinance, action in which they did so.) Counties and municipalities CAN opt out of state codes but must explicily state they are doing so and justify it. And file it with the state.

But what do I know, IANAL.

I have found some locales in CA that actually have adopted and parrot this language, Mammoth Lakes:

Setback requirements do not apply to ground-mounted, free standing photovoltaic arrays. A clear
brush area of 10’ is required for ground mounted photovoltaic arrays.


Either I am looking at this wrong or there is a rule in the State code that a ton of people have missed.

Thanks for any insights....

S

edit: Been a lurker for quite some time....
 
I believe the "Setback" requirements they are referring to are roof mounted arrays that have requirements for Fire and Emergency workers to have walk paths. Obviously that is not necessary.

In most cases a ground mount array would probably be treated like any other structure on the property and would have some kind of Setback from the property line and as you pointed out would vary greatly depending on zoning and use rules of the property as well as the jurisdiction.
 
I believe the "Setback" requirements they are referring to are roof mounted arrays that have requirements for Fire and Emergency workers to have walk paths. Obviously that is not necessary.

In most cases a ground mount array would probably be treated like any other structure on the property and would have some kind of Setback from the property line and as you pointed out would vary greatly depending on zoning and use rules of the property as well as the jurisdiction.
The section I am referencing says "ground mount".

The point of my post is there is a CA Code that says, in very plain language, 'no setbacks'. And local counties that are (seemingly) ignoring that plain language.

There are planning setbacks in my city
Mine too. But here is a CA state code that explicitly says "no setback on ground mount solar"
 
Hmm, I would recommend asking in a forum with a higher density of contractors, like r/solar. If you want to push on this, maybe get a real estate lawyer

Property setbacks are under planning code and zoning code. I would put this under ambiguous, possibly a typo from not specifically defining setback. Also it depends on whether a prescriptive section of code overrides proscriptive language in another code book.

For instance, ESS are covered in at least 3 code books, with different kWh limits. If there are conflicts, do you take the most liberal or restrictive out of the three
 
I am in CA. After going back and forth with my city's planning department, I finally gave up. They kept changing the rules and contradicting themselves. I spent $900 for a consultant that finally convinced them that what I wanted was okay. I then submitted my paperwork only to have them reject it for the reason that they had previously agreed to. They seem to only want to deal with large solar companies; not any DIYers. So I put in my ground mount system without a permit. It works just fine and is mostly to code. I know this may bite me in the future. I do not plan on ever selling. I did abide by a 10ft setback, but that was because of an underground drainage easement.
 
Hmm, I would recommend asking in a forum with a higher density of contractors, like r/solar. If you want to push on this, maybe get a real estate lawyer

Property setbacks are under planning code and zoning code. I would put this under ambiguous, possibly a typo from not specifically defining setback. Also it depends on whether a prescriptive section of code overrides proscriptive language in another code book.

For instance, ESS are covered in at least 3 code books, with different kWh limits. If there are conflicts, do you take the most liberal or restrictive out of the three
Thanks. Problem for me is that this is a 'legal/code/planning/solar' question.... I might ask there as well.

Interestingly, Mountain Lakes, CA has taken the precise code I cited and has used that for their solar rules/code. Go figure.
 
I am in CA. After going back and forth with my city's planning department, I finally gave up. They kept changing the rules and contradicting themselves. I spent $900 for a consultant that finally convinced them that what I wanted was okay. I then submitted my paperwork only to have them reject it for the reason that they had previously agreed to. They seem to only want to deal with large solar companies; not any DIYers. So I put in my ground mount system without a permit. It works just fine and is mostly to code. I know this may bite me in the future. I do not plan on ever selling. I did abide by a 10ft setback, but that was because of an underground drainage easement.
I'm pretty familar with and have an OK relationship with the building department. In fact had a nice chat with the Electrican plan checker who seemed enthusiastic with my plans so far. I just added two more powerwalls, a remodel of the garage and room above, and a car charge. All passed without questions...adn all passed inspection without issue.

My issue is with planning, and unfortunately they have a bad reputation. (Lazy, dumb, duplicitous...always a bad combo) This would sail through at 30 ft. Im going to ask for 10 (with as much documentation and legal support as I can muster) then see where it goes

Thanks!
 
A clear, brush-free area of 10 feet (3048 mm) shall be required for ground-mounted photovoltaic arrays.
I was told the same, in CA, 10ft setback. When I questioned it (quoting the same code), the response was basically "how do you maintain a 10ft brush-free area that's not on your property". So they interpret that as 10ft setback. We own the dirt on the other side of that property line too, because it's just a long skinny split parcel. But their reasoning is it's still a seperate parcel. Fair enough.

Even if you're next to a dirt lot now, maybe tomorrow someone wants to install a fence right in front of your panels on their property, so the setback usually makes sense
 
In Santa Cruz County, our contractor confirmed this week that the requirement is a 10 ft setback from property line for a ground mount. We're positioning it at 12 ft.
 
I no longer do work in CA but there is a history of the state putting in place regulations to keep local NIMBY-controlled jurisdictions from being too restrictive of development that is viewed as a public good. The recent state legislation forcing cities to allow ADUs is an example. The no setback rule for ground mount solar appears to be such a requirement.

Id stick to my guns on this one. You could try contacting CalSSA (used to be CalSEIA). CalSSA is the solar industry lobbying organization so I'm sure they were involved in getting that rule in the Ca code to begin with.

They do provide some services to consumers. There is a link on their website where you can request that they send a letter to your HOA on your behalf if the HOA is trying to illegally limit your solar access rights. Not sure it they would do that with your AHJ but it's worth a try. Cheaper than a lawyer if it works.
 

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