Section 096-375-13 - Access to Direct SunlightA.Preamble. The Department recognizes that some existing structures utilize active or passive solar energy systems for purposes such as heating air or water, and that, in these instances, it may be an unreasonable effect on existing uses to deny access to direct sunlight.B.Scope of Review. In determining whether a proposed development will have an adverse effect on access to direct sunlight, the Department shall consider all relevant evidence to that effect, such as evidence that: (1) Structures within the proposed development will not block access to direct sunlight to structures utilizing solar energy through active or passive systems.C.Terms and Conditions. The Department may, as a term or condition of approval, establish any reasonable requirement to ensure that a proposed development will not block access to direct sunlight.06- 096 C.M.R. ch. 375, § 13