Power board keeps multifamily solar ban after Skybridge homeowners seek exception

Kimberly and Clark Seavey, owners of a Skybridge townhome near 2600 West in Hurricane, asked the Hurricane Power Board for an exception to the utility�s policy that disallows rooftop solar on multiunit buildings. The Seaveys said they planned a 7 kilowatt system (about 15 panels) with a Tesla backup battery to maintain power after storms and to help neighbors in outages.

The request prompted more than an hour of discussion about enforcement, neighbor access and legal risk. The board heard that the Seaveys obtained HOA review and neighbor approval from Tanya Davidson, that developer Frank Linhardt supports the installation, and that the contractor chosen was Intermountain Wind and Solar after four bids. Kimberly Seavey told the board, "About 5 years ago up in Mill Creek, big windstorm, we were without power for 8 days. I had a solar system and a backup battery, and, didn't really affect us." She said that experience motivated the request for an exception.

Board members and staff raised multiple operational and legal concerns. Power Department staff said the city adopted the multifamily restriction in February 2023 after litigation and difficult installations involving line relocations and meter access. Staff noted past cases where installers ran wiring through neighbors' attics or split service in ways that created later access and liability disputes. The board reviewed whether the meter location could be a clear, defendable rule and heard that Washington City resolves similar issues by requiring a recorded easement from the neighbor as a condition of approval.

City legal counsel told the board the clearest, most defensible policy is the existing one: allow solar on single-family and commercial properties and prohibit it on multifamily structures. "Strictly from a legal perspective and a defensibility perspective, the easiest thing here is to leave the line where it is," counsel said during the meeting.

Members also discussed enforcement of the city's contractor orientation program. Staff said all four bidders (Hedgehog, Hogan, Legacy and Intermountain Wind and Solar) had completed Hurricane's required orientation; the board heard conflicting accounts about whether contractors informed the Seaveys that multifamily units were ineligible. The Seaveys reported they had paid a $500 deposit; the board suggested staff contact the contractor to help the homeowners recover that money, since the contractor appears on the city's approved vendor list.

The Power Board has only advisory authority on the city�s solar policy and cannot grant land-use variances. Board members said that if the board were to recommend a change, staff would need to draft explicit policy language (for example, recorded easement requirements, insurance or waiver templates and construction standards) and return to the board before any city council action. One board member summarized the practical trade-offs: a firm line reduces future staff time, litigation risk and ad hoc exceptions; carving narrow exceptions would likely create more disputes.

After discussion the board voted to recommend that the city council keep the policy as written. The motion to recommend no change passed on a voice vote; no named roll-call was recorded in the transcript. Staff told the Seaveys they could pursue other remedies, including a city council request for review, and staff offered to assist in contacting the contractor about the deposit.

The Seaveys left the meeting with the board's decision and suggestions for next steps. Board members and staff said they expected the issue to recur as Hurricane grows and as more homeowners seek resilience and bill-savings options.