We explain HOA law in plain English, but we are not your lawyer and this is not legal advice. Here is why that matters.

Wisconsin's solar law voids covenants — but only on platted land

Wisconsin · Compliance

Wisconsin's solar law voids covenants — but only on platted land

Wisconsin has a statute that voids private covenants restricting solar. It is one sentence long, it sits in the platting chapter, and its reach is narrower than almost anyone assumes.

Wis. Stat. § 236.292 is headed “Certain restrictions void.” Subsection (2) reads in full:1

“All restrictions on platted land that prevent or unduly restrict the construction and operation of solar energy systems, as defined in s. 13.48 (2) (h) 1. g., or a wind energy system, as defined in s. 66.0403 (1) (m), are void.”

Its history line is “1991 a. 39; 1993 a. 414; 1999 a. 150 s. 672” — the provision has not been touched since 1999.

The two load-bearing words

“Platted land” is a term of art. A plat is a subdivision map recorded under Wis. Stat. ch. 236, carrying executed owner's and mortgagee's certificates and municipal approval. Chapter 236 is the platting chapter, and § 236.292 operates within it.

Two categories of Wisconsin property therefore sit outside the sentence by its terms. A condominium is created under ch. 703 by a recorded declaration and a condominium plat, which is a different instrument governed by a different chapter. And a covenant on unplatted land — a rural parcel, a certified-survey-map split, a metes-and-bounds conveyance — is not on platted land at all.

The other solar statute does not help

Wisconsin's better-known solar provision, § 66.0401(1m), is addressed to governments:2

“No political subdivision may place any restriction, either directly or in effect, on the installation or use of a solar energy system… unless the restriction satisfies one of the following conditions: (a) Serves to preserve or protect the public health or safety. (b) Does not significantly increase the cost of the system or significantly decrease its efficiency. (c) Allows for an alternative system of comparable cost and efficiency.”

“Political subdivision” means a city, village, town or county. The section says nothing about covenants, declarations or associations. Section 66.0403, separately, governs municipal solar and wind access permits — again a public-law mechanism.

✓ Your Wisconsin State Pass is active — the full analysis below is unlocked

So what does a Wisconsin owner actually have

The honest description is that it depends on how the land was created, and that Wisconsin's answer is uneven in a way no court has squarely resolved.

A lot in a recorded subdivision plat. Section 236.292(2) applies by its terms. A covenant that prevents or unduly restricts a solar energy system is void. Note the standard is “prevent or unduly restrict,” which leaves room for restrictions that regulate without preventing — placement, screening, colour — and no Wisconsin appellate decision in recent years construes where that line falls.

A condominium unit. Chapter 703 contains no solar provision. Section 236.292(2) speaks to platted land. Whether a condominium declaration recorded alongside a condominium plat is within the phrase is a question the statute does not answer on its face, and one that turns on how a court reads a 1991 platting provision against the condominium chapter. This is the kind of question that resolves to a reasoned inference rather than a clear rule, and it should be treated as unsettled rather than decided.

Unplatted land. Outside § 236.292(2) by its own words.

There is also the practical point that a condominium roof is usually a common element, which the association controls under the declaration regardless of any covenant-voiding statute — a distinction that matters for the parallel federal antenna rule, 47 C.F.R. § 1.4000, which reaches only areas within a resident's exclusive use or control and has not been amended since April 10, 2023.

What the Legislature did about it: nothing

The 2025-26 Wisconsin Legislature enacted 247 acts and left § 236.292 untouched. No 2025 or 2026 Wisconsin bill addressed association restrictions on solar installations, and none addressed electric-vehicle charging in a condominium or planned community either — Wisconsin has no statutory right to install a charger, and its only EV-charging statutes are excise-tax provisions in ch. 77, a duty rather than a right.

That silence is notable because the Legislature demonstrably does legislate covenant-override rights when it chooses to. Section 703.105 governs flags and political signs in condominiums, and § 710.17 governs flags in non-condominium associations and housing cooperatives. Those sections exist; a solar equivalent for condominiums does not.

The friction is documented. Wisconsin reporting has described associations as hindering solar deployment despite state law, and Dane County's climate office maintains a page specifically on association restrictions on solar installations. What does not exist is a legislative vehicle: no Wisconsin bill on the subject was introduced in the 2025-26 session, and the 2026 Joint Legislative Council study-committee slate contains nothing on housing or community associations.

The federal subsidies that changed the arithmetic

Two federal credits that shaped Wisconsin solar and charging projects have ended. The residential clean energy credit under IRC § 25D, which covered owner rooftop solar and battery storage, ended December 31, 2025. The alternative fuel vehicle refueling property credit under IRC § 30C, which covered EV charging equipment, ended June 30, 2026.

For Wisconsin associations that approved common-element charging or community solar on the assumption of a § 30C credit and have not placed the property in service, that is a budget gap. For individual owners, the end of § 25D reduces the volume of rooftop applications a Wisconsin board receives, which takes some pressure off the unresolved covenant question above without resolving it.

Our Wisconsin solar rights page covers § 236.292 and its limits, and EV charging covers the absence on that side.

What to watch next

Two things could move this. A Wisconsin appellate decision construing “platted land” in § 236.292(2) against a condominium declaration would settle the largest open question in Wisconsin solar-covenant law; none exists. And the Community Associations Institute's national 2026 priority list names solar panels and EV charging stations among the self-governance fights it expects, with active statutes in other states — but its Wisconsin entry for the 2025-26 session named only chickens, vegetable gardens, accessory dwelling units and condominium conversion grants.

Related Wisconsin HOA Topics

← All Wisconsin HOA Topics

  1. Wis. Stat. § 236.292, Certain restrictions void (Wisconsin Statutes) ↩
  2. Wis. Stat. § 66.0401, Regulation relating to solar and wind energy systems (Wisconsin Statutes) ↩

Stay on top of Wisconsin HOA law

Every week: new Wisconsin legislation, court rulings, and regulatory developments affecting condos, planned communities, and property managers. Free.

Check your inbox to complete your sign up.

No spam. Unsubscribe anytime.