Any structure that is constructed or vegetative growth that occurs on adjoining or nearby property after a solar energy system, as defined in s. 13.48 (2) (h) 1. g., or a wind energy system, as defined in s. 66.0403 (1) (m), is installed on any property, that interferes with the functioning of the solar or wind energy system, is considered to be a private nuisance.
844.22.Obstruction of solar or wind energy system.
Ch. 844: Interference with Interest; Physical Injury · Last amended 1999 · Last verified July 15, 2026
In one sentenceSection 844.22 makes a structure or vegetative growth on nearby property a private nuisance when it goes up or grows after a solar or wind energy system was installed and interferes with that system’s function.
Full Text of Section 844.22
Official Notes
NOTE: 1993 Wis. Act 414, which creates this section, contains extensive explanatory notes. See also Prah v. Maretti, 108 Wis. 2d 223, 321 N.W.2d 182 (1982).
Plain-English Summary
Section 844.22 protects solar and wind energy systems from being blocked after the fact by a neighbor’s later construction or landscaping. If a structure is constructed, or vegetative growth occurs, on adjoining or nearby property after a solar energy system or a wind energy system was installed on a property, and that structure or growth interferes with the functioning of the energy system, it is considered a private nuisance.
The timing matters: the section is triggered by construction or growth happening after the energy system is already installed, so it targets new interference rather than conditions that existed, and presumably were accounted for, before the system went in. Once triggered, the interfering structure or growth is treated the same as any other private nuisance for purposes of the relief available elsewhere in this chapter.
Frequently Asked Questions
If my neighbor builds something after I install my solar panels and it blocks the sunlight, is that a nuisance under Wisconsin law?
It can be. Section 844.22 treats a structure constructed on adjoining or nearby property after a solar energy system is installed as a private nuisance if it interferes with the system’s functioning.
Does this section cover trees or landscaping that grows up and blocks a wind energy system?
Yes. Section 844.22 covers vegetative growth that occurs after the wind energy system is installed and interferes with its functioning, not just constructed structures.
What if the tree or structure was already there before I installed my solar or wind system?
Section 844.22 applies to structures constructed or growth that occurs after the solar or wind energy system was installed, so its terms are directed at what happens following installation.
How does Wisconsin define a solar or wind energy system for purposes of this section?
Section 844.22 defines a solar energy system and a wind energy system by cross-reference to their definitions found elsewhere in the Wisconsin statutes governing those terms.
What relief is available once something is found to be a nuisance under this section?
Section 844.22 establishes the private-nuisance classification itself; the relief available — injunctions, damages, or abatement — comes from the chapter’s general judgment and abatement provisions that apply to private nuisances.
Amendment History
History: 1993 a. 414; 1999 a. 150 s. 672.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: wisconsin solar access nuisance lawneighbor blocking solar panels wisconsinwind energy system interference nuisance wisconsin844.22 solar wind obstruction