Solar Easements (North Dakota)

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Last modified on February 12, 2015.

Rules Regulations Policies Program

Place North Dakota

Name Solar Easements
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
Active Incentive Yes

Implementing Sector State/Territory
Energy Category Renewable Energy Incentive Programs














































Date added to DSIRE 2000-01-01
Last DSIRE Review 2012-12-03



References DSIRE[1]


Summary

North Dakota's solar easement law is similar to those established by many other U.S. states. The law allows a property owner to obtain a solar easement from another property owner for the purpose of ensuring adequate exposure of a solar-energy system to sunlight. A solar easement must include:

  • The vertical and horizontal angles, expressed in degrees, at which the solar easement extends over the real property subject to the solar easement;
  • Any terms, conditions, or both under which the solar easement is granted or will be terminated; and
  • Any provisions for compensation of the owner of the property benefiting from the solar easement in the event of interference with the enjoyment of the solar easement or compensation of the owner of the property subject to the solar easement for maintaining the solar easement.

Solar easements must be created in writing and are subject to the same conveyancing and instrument recording requirements as other easements.



      
     
     

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

Authority 1: N.D. Cent. Code, § 47-05-01.1 et seq.

Date Enacted 1977


















  • Incentive and policy data are reviewed and approved by the N.C. Solar Center's DSIRE project staff.[1]

References

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