Wind Easements (South Dakota)
Last modified on February 12, 2015.
Rules Regulations Policies Program
|Incentive Type||Solar/Wind Access Policy|
|Applicable Sector||Agricultural, Fed. Government, Institutional, Local Government, Nonprofit, Residential, Schools, State Government, Tribal Government|
|Energy Category||Renewable Energy Incentive Programs|
|Date added to DSIRE||2010-02-15|
|Last DSIRE Review||2013-01-11|
Any South Dakota property owner may grant a wind easement with the same effect as a conveyance of an interest in real property. Easements must be established in writing, and must be filed, recorded and indexed in the office of the register of deeds of the county in which they are granted. The maximum term of an easement is 50 years. Any payments associated with an easement must be made on an annual basis to the owner of the real property. An easement must include the following information:
- A description of the real property subject to the easement and a description of the real property benefiting from the wind easement;
- A description of the real property subject to the easement and of the real property benefiting from the easement;
- A description of the vertical and horizontal angles, expressed in degrees, and distances from the site of the wind power system in which an obstruction to the wind is prohibited or limited;
- Any terms or conditions under which the easement is granted or may be terminated;
- Any provisions for compensation of the owner of the real property benefiting from the easement in the event of interference with the enjoyment of the easement, or compensation of the owner of the real property subject to the easement for maintaining the easement; and
- Any other provisions necessary or desirable to execute the instrument.
|Contact Name||Public Information|
|Department||S.D. Energy Management Office|
|Address||523 E. Capitol Avenue|
|Place||Pierre, South Dakota|
Authorities (Please contact the if there are any file problems.)
|Authority 1:||S.D. Codified Laws § 43-13-16, et seq.|
|Date Enacted||1996 (subsequently amended)|
- Incentive and policy data are reviewed and approved by the N.C. Solar Center's DSIRE project staff.