Yvonne Wright, owner of Wright-Way Solar Technologies, speaks at city council meeting Wednesday about restrictions on solar installation and shows a permit request that passed compared to one that didn't. 

After seeing a push to clarify a solar panel ordinance and the passing of new state law, the Tyler City Council on Wednesday made the city’s regulations on the energy devices less restrictive.

The council voted to revise Chapter 10 of the Unified Development Code to allow residents to install solar energy devices on any roof elevation as long as the devices are flush-mounted and color restricted. Ground-mounted devices have to still be away from public view.

Before the revision of the ordinance, solar panel installation had to be screened from view from public streets.

Rudy Wright, an owner of Wright-Way Solar Technologies, urged the council to not put solar energy under the tightest restrictions that the state allows. He added that he would like to see the restrictions on solar struck out altogether.

“I would urge the council to please don’t try to keep us under the tightest leash that the state law allows and give us our freedom to capture the sun’s energy, whether that’s growing plants, or growing power for our battery system or helping maintain our stable grid,” he said.

It seems like the restrictions in Tyler are purely aesthetic, Yvonne Wright, owner of Wright-Way Solar Technologies, said.

There are no threats to public safety, health issues or detraction from property value — in fact, it can increase property values and make the city more attractive because it allows people to become energy independent, she said.

If no changes were made to the city ordinance regarding solar panels, then come Sept. 1, when the new state law about restrictions on solar energy goes into effect, it would not be enforceable, Kyle Kingma, city of Tyler planning manager, said.

The state law, Senate Bill 398, recently signed into law by Gov. Greg Abbott reads municipalities may not prohibit or restrict the installation of solar energy devices. A property owner association may restrict a device.

According to the new state law, solar panel devices can be restricted only if:

The device threatens public safety or violates the law

• The device is located on property that is not owned by the property owner
• The device is located in an area on the property other than the roof or a fenced in yard
• The device is mounted on the roof of the home and extends further than or beyond the roofline or does not conform to the slope of the roof and has a top edge that is not parallel to the roofline
• The device is located in a fenced-in yard or patio and is taller than the fence lining
• as installed, voids material warranties.

The new changes to the ordinance will allow any recent request for solar panel installation the city has received that may be pending to be approved, Kingma said.

“This revision will provide the necessary clarity as to the ability to utilize solar energy devices in the city of Tyler,” he said.

The city council was also presented with the 2020 Arbor Day Foundation’s Tree City USA Growth Award. This is Tyler’s sixth Growth Award and the 11th time to be named Tree City U.S.A.

“Tyler should be proud to receive this recognition, as it shows the City’s dedication to protect and contribute to the invaluable resource that is our urban forest,” said Urban Forrester and Arborist Madeline Burton. “Proper maintenance and care now, means that future generations will continue to reap the benefits a healthy, green canopy provides.”

Participating Tree City USA communities who demonstrate high levels of care for trees and community engagement earn this award, according to the city of Tyler.

Tyler was eligible to receive this award for hosting events, such as Arbor Day celebrations at Faulkner Park, the campuses of UT Tyler and Tyler Junior College and for hosting an event in which families received 3,700 seedlings to plant.

The city council also recognized employees for their years of service and dedication to the city at the meeting. The three individuals recognized have worked a combined 65 years in the city.

Those recognized included Budget Analyst/Internal Auditor Todd Lestage (25 years), Police Sergeant IV Adam Tarrant (20 years) and City Marshal Jay Hudnall (20 years).