A disregard for airspace regulations is stifling the development of wind and solar power and limiting the potential for renewable energy growth on the grid, according to a law professor at the University of Missouri.

In the U.S., airspace -- the area above the ground's surface -- is governed by the Federal Aviation Association (FAA). Though it varies by location, the FAA typically has jurisdiction over airspace higher than 500 feet, according to Troy Rule, associate professor of law at the University of Missouri.

Anything below that belongs to the land owner and can be used however the owner wants. This includes the ability to build solar arrays or wind turbines. But Rule argues that both federal and local governments have been overstepping these airspace ownership rights, often to the detriment of renewable energy. 

"A growing number of policies responding to the sustainability movement disregard land owners' airspace rights in ways that can cause airspace to be underutilized," Rule said during a conversation with FierceEnergy.

Rule, who recently published an paper on this subject in the UCLA law review, cited examples of the U.S. Department of Defense (DOD) and the FAA halting wind power developments due to concerns that turbines would interfere with military radar.  Rule said that, in most cases, these turbines did not exceed 500 feet in height and the DOD should focus on updated radar that would be unaffected by wind turbines. Rule noted that this approach is already being implemented in Europe.

Because the regulations aren't being honored, utilities can expect less solar and wind energy on the grid. This could result in rate increases across the board for utilities and, ultimately, customers.

"It creates lots of additional uncertainly for wind energy projects," Rule said. "If this problem was ameliorated, energy rates would go down."

But not all airspace regulations are implemented in poor faith. In Boulder, Colorado, solar installations must be approved by the city. If proposed projects risk shading other owners' airspace, a petition must be granted to complete the installation, which requires the permission of the adjacent property owners.

Going forward, airspace regulation looks to be a key factor in the growth of solar and wind energy, both of which should be of interest to utilities as they look to build a greener, more diverse energy portfolio.

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