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New state law will force change of restrictive Tyler solar panel ordinance

"The new law restricts cities from regulating solar installations or solar energy devices," Tyler City Planner Kyle Kingma said.

TYLER, Texas — A group of solar panels advocates and owners are concerned about a Tyler city ordinance that restricts their placement on homes. 

Mitzi Rusk has called Tyler home for nearly a decade and she never knew her solar panels could be an issue. 

"About three years ago, we installed the solar panels you see on the front of my house," she said.  

Rusk says she went through a local company and got the proper permits without any issues. It wasn't until she read an article a few weeks ago that she realized her solar panels may violate a city ordinance. 

"I'd never run into any problem with solar," she added. "None of my neighbors have complained about the aesthetics of solar on my home."

Rusk invited a small group to her home to discuss what action to take including Larry Howe, an advocate for solar power. He's seen ordinances like Tyler's across the state. 

"What's happened here in Tyler was there's they've had a restriction, but it hasn't necessarily been applied uniformly," he added. 

Under the current city ordinance, solar panels visible from a public street violate the ordinance. However a new state law, Senate Bill 398, is going into effect in September that will force a change to the city's rule.

"The new law restricts cities from regulating solar installations or solar energy devices," Tyler City Planner Kyle Kingma said. "Anything on the roof would be allowed, as long as it is flush-mounted."

Kingma said they are planning to talk about the ordinance at the next city council meeting. A meeting Rusk plans to attend. 

"I'd like to see is that the city makes it as easy as possible for citizens to install solar safely," Rusk said. 

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