Wind Easements (South Dakota)

Last modified on February 12, 2015.

Rules Regulations Policies Program

Place	South Dakota
Name	Wind Easements
Incentive Type	Solar/Wind Access Policy
Applicable Sector	Agricultural, Fed. Government, Institutional, Local Government, Nonprofit, Residential, Schools, State Government, Tribal Government
Eligible Technologies	Wind
Active Incentive	Yes
Implementing Sector	State/Territory
Energy Category	Renewable Energy Incentive Programs
Date added to DSIRE	2010-02-15
Last DSIRE Review	2013-01-11
References	DSIRE

Summary

Any South Dakota property owner may grant a wind easement with the same effect as a conveyance of an interest in real property. Easements must be established in writing, and must be filed, recorded and indexed in the office of the register of deeds of the county in which they are granted. The maximum term of an easement is 50 years. Any payments associated with an easement must be made on an annual basis to the owner of the real property. An easement must include the following information:

• A description of the real property subject to the easement and a description of the real property benefiting from the wind easement;
• A description of the real property subject to the easement and of the real property benefiting from the easement;
• A description of the vertical and horizontal angles, expressed in degrees, and distances from the site of the wind power system in which an obstruction to the wind is prohibited or limited;
• Any terms or conditions under which the easement is granted or may be terminated;
• Any provisions for compensation of the owner of the real property benefiting from the easement in the event of interference with the enjoyment of the easement, or compensation of the owner of the real property subject to the easement for maintaining the easement; and
• Any other provisions necessary or desirable to execute the instrument.

Incentive Contact

Contact Name	Public Information
Department	S.D. Energy Management Office
Address	523 E. Capitol Avenue
Place	Pierre, South Dakota
Zip/Postal Code	57501
Phone	(605) 773-3899
Email	BOAGeneralInformation@state.sd.us
Website	http://www.state.sd.us/boa/ose/OSE_Statewide_Energy.htm

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

Authority 1:	S.D. Codified Laws § 43-13-16, et seq.
Date Effective	1996
Date Enacted	1996 (subsequently amended)

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