Nebraska's solar and wind agreement provisions allow property owners to create binding solar and wind easements, among other types of agreements, for the purpose of protecting and maintaining proper access to sunlight and wind. The initial term of a wind agreement may not exceed 40 years. Additionally, a wind agreement will terminate if development has not commenced within 10 years of the effective date of the wind agreement. If all parties involved agree to extend this period, however, the agreement may be extended. Wind developers are required to ensure decommissioning funds are available for inactive systems.
Local Ordinances and Zoning
Local governments are given broad discretion to ensure access to solar and wind energy resources. For example, counties and municipalities are permitted to develop zoning regulations, ordinances, or development plans that protect access to solar and wind energy resources. Local governing bodies also may 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.
“No interest in any wind or solar resource located on a tract of land and associated with the production or potential production of wind or solar energy on the tract of land may be severed from the surface estate,” (N.R.S. 66-912.02).