Solar and Wind Easements and Local Option Rights Laws (Nebraska)

Last modified on February 12, 2015.

Rules Regulations Policies Program

Place	Nebraska
Name	Solar and Wind Easements and Local Option Rights Laws
Incentive Type	Solar/Wind Access Policy
Applicable Sector	Commercial, Fed. Government, Industrial, Local Government, Nonprofit, Residential, Schools, State Government
Eligible Technologies	Passive Solar Space Heat, Photovoltaics, Solar Space Heat, Solar Thermal Electric, Solar Thermal Process Heat, Solar Water Heat, Wind
Active Incentive	Yes
Implementing Sector	State/Territory
Energy Category	Renewable Energy Incentive Programs
Date added to DSIRE	2000-01-01
Last DSIRE Review	2013-10-16
References	DSIRE

Summary

Nebraska's solar and wind easement provisions allow property owners to create binding solar and wind easements for the purpose of protecting and maintaining proper access to sunlight and wind. Originally designed only to apply to solar, the laws were revised in March 1997 (Bill 140) to include wind. Counties and municipalities are permitted to develop zoning regulations, ordinances, or development plans that protect access to solar and wind energy resources if they choose to do so. Local governing bodies may also grant zoning variances to solar and wind energy systems that would be restricted under existing regulations, so long as the variance is not substantially detrimental to the public good.

LB 568, enacted in May 2009, made some revisions to the law and added additional provisions to govern the establishment and termination of wind agreements. Specifically, the bill provides that the initial term of a wind agreement may not exceed forty years. Additionally, a wind agreement will terminate if development has not commenced within ten years of the effective date of the wind agreement. If all parties involved agree to extend this period, however, the agreement may be extended.

LB 828, enacted in March 2012, made additional amendments to the law. Specific revisions include a new requirement on wind developers to ensure decommissioning funds are available for inactive systems and the definition of wind agreements.

Incentive Contact

Contact Name	Jerry Loos
Department	Nebraska Energy Office
Address	P.O. Box 95085
Address 2	1200 N Street, #110
Place	Lincoln, Nebraska
Zip/Postal Code	68509-5085
Phone	(402) 471-2867
Email	Jerry.Loos@nebraska.gov
Website	http://www.neo.ne.gov/

Authorities (Please contact the if there are any file problems.)

Authority 1:	N.R.S. 66-901 et seq.
Date Effective	1979

• Incentive and policy data are reviewed and approved by the N.C. Solar Center's DSIRE project staff.