Solar and Wind Easements & Rights Laws (Nevada)
(Redirected from Solar and Wind Access Laws (Nevada))
Last modified on February 12, 2015.
Rules Regulations Policies Program
|Name||Solar and Wind Easements and Rights Laws|
|Incentive Type||Solar/Wind Access Policy|
|Applicable Sector||Commercial, Fed. Government, Industrial, Local Government, Nonprofit, Residential, Schools, State Government|
|Eligible Technologies||Photovoltaics, Solar Space Heat, Solar Thermal Electric, Solar Thermal Process Heat, Solar Water Heat, Wind|
|Energy Category|| Renewable Energy Incentive Programs
|Date added to DSIRE||2000-01-01|
|Last DSIRE Review||2012-06-14|
| Last Substantive Modification
to Summary by DSIRE
Nevada's general statutes provide owners of solar and wind energy systems protection against restrictions that would otherwise prevent them from installing these systems on their property. NRS § 111.239 and 278.0208 disallow the adoption of any covenant, deed, contract, ordinance or other legal instrument which affects the transfer or sale of real property that unreasonably restrict a landowner from installing solar or wind energy systems on their land. The law further states that any existing covenant, deed, contract or other legal instrument that unreasonably restrict a landowner from installing solar or wind energy systems on their land is void and unenforceable.
Solar and wind systems are also protected from siting restrictions that would "significantly decrease the efficiency or performance of the system and not allow for the use of an alternative system at a comparable cost and with comparable efficiency and performance." SB 114 of May 2009 clarified that a 10% decrease in performance is considered a "significant decrease" for a solar system. The bill did not provide a similar value for an unacceptable decrease in the performance of a wind system. Further, AB 122 of 2011 stripped wind of some of the limited siting protections provided by SB 114 of 2009.
NRS § 116.2111 ensures that common interest communities may not unreasonably restrict, prohibit or withhold approval of a wind energy system if it is installed on two acres or more of the owner's property within the established community if the owner obtains written consent from the owners of all properties within 300 feet of the system.
Nevada also allows parties to enter voluntarily into solar easements that are legally binding.
|Contact Name||Paul Thomsen|
|Department||Nevada Governor's Office of Energy|
|Address||755 North Roop Street, Suite 202|
|Place||Carson City, Nevada|
|Phone|| (775) 387-1850
Authorities (Please contact the if there are any file problems.)
|Authority 1:||NRS § 111.370 et seq.|
|Authority 2:|| NRS § 111.239 et seq.
|Authority 3:|| NRS § 278.02077, et seq.
|Authority 4:|| NRS § 116.2111
|Authority 5:||AB 122|
|Date Enacted|| 2011-06-02
- Incentive and policy data are reviewed and approved by the N.C. Solar Center's DSIRE project staff.