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

From Open Energy Information

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[1]


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


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.[1]


  1. 1.0 1.1  "Database of State Incentives for Renewables and Efficiency (DSIRE)"