Solar and Wind Easements and Local Option Rights Laws (Nebraska)
This is the approved revision of this page, as well as being the most recent.
Last modified on February 12, 2015.
Rules Regulations Policies Program
|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|
|Energy Category||Renewable Energy Incentive Programs|
|Date added to DSIRE||2000-01-01|
|Last DSIRE Review||2013-10-16|
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.
|Contact Name||Jerry Loos|
|Department||Nebraska Energy Office|
|Address||P.O. Box 95085|
|Address 2||1200 N Street, #110|
Authorities (Please contact the if there are any file problems.)
|Authority 1:||N.R.S. 66-901 et seq.|
- Incentive and policy data are reviewed and approved by the N.C. Solar Center's DSIRE project staff.