Wind Easements (North Dakota)

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Last modified on February 12, 2015.

Rules Regulations Policies Program

Place North 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 2010-02-16
Last DSIRE Review 2012-12-03

References DSIRE[1]


North Dakota allows property owners to grant an easement that ensures adequate exposure of a wind-energy system to the wind. The easement runs with the land benefited and burdened, and terminates upon the conditions stated in the easement. The statutes authorizing the creation of wind easements include several provisions to protect property owners. For example, a wind easement may not make the property owner liable for any property tax associated with the wind-energy system or other equipment related to wind-energy generation. In addition, the owner of the wind-energy system must carry general liability insurance for damage or injury arising from the construction or operation of the wind-energy facility project site.


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

Authority 1: N.D. Cent. Code, § 17-04-02 et seq.
Date Effective 2005
Date Enacted 3/30/2005 (subsequently amended)

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


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