Nebraska Solar and Wind Easements

Summary

Nebraska's solar and wind agreement provisions allow property owners to create binding solar and wind easements, among other types of agreements, for the purpose of protecting and maintaining proper access to sunlight and wind. The initial term of a wind agreement may not exceed 40 years. Additionally, a wind agreement will terminate if development has not commenced within 10 years of the effective date of the wind agreement. If all parties involved agree to extend this period, however, the agreement may be extended. Wind developers are required to ensure decommissioning funds are available for inactive systems.

Local Ordinances and Zoning

Local governments are given discretion to create zoning regulations or ordinances and comprehensive development plans. that  encourage the use of solar energy and wind energy use and the protection of access to solar energy and wind energy. Such considerations may include, but not be limited to, regulation of height, location, setback, and use of structures, the height and location of vegetation with respect to property boundary lines, the type and location of energy systems or their components, and the use of districts to encourage the use of solar energy systems and wind energy conversion systems and protect access to solar energy and wind energy. Comprehensive development plans may contain an element for protection and development of solar energy and wind energy access which will promote energy conservation and ensure coordination of solar energy and wind energy use with conventional energy use. (N.R.S. 66-913)

Severability

“No interest in any wind or solar resource located on a tract of land and associated with the production or potential production of wind or solar energy on the tract of land may be severed from the surface estate,” (N.R.S. 66-912.02).