Solar and Wind Easements & Rights Laws (Nevada)

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Last modified on February 12, 2015.

Rules Regulations Policies Program

Place Nevada

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
Active Incentive Yes

Implementing Sector State/Territory
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
2011-06-16


References DSIRE[1]


Summary

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.


Incentive Contact

Contact Name Paul Thomsen
Department Nevada Governor's Office of Energy

Address 755 North Roop Street, Suite 202

Place Carson City, Nevada
Zip/Postal Code 89701
Phone (775) 387-1850


Email pthomsen@energy.nv.gov
Website http://energy.nv.gov/
     
     

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

Authority 1: NRS § 111.370 et seq.

Date Enacted 1995
Expiration Date None

Authority 2: NRS § 111.239 et seq.




Authority 3: NRS § 278.02077, et seq.




Authority 4: NRS § 116.2111




Authority 5: AB 122
Date Effective 2011-06-02
Date Enacted 2011-06-02














  • 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)"