Solar and Wind Energy Access
How a Nebraska property owner acquires and records a right to sunlight or wind — and what this law does not do about a covenant. The full statutory text, hosted for reference, with a plain-language guide for homeowners.
Neb. Rev. Stat. §§ 66-901 to 66-914 are Nebraska’s solar and wind energy access provisions. § 66-901 states the purpose plainly: as the use of solar and wind devices increases, “the possibility of future shading and obstruction of such devices by structures or vegetation will also increase”, and these sections exist to protect access to that energy.
Understand what this law is before you rely on it. A solar agreement is defined at § 66-909 as a right — “whether or not stated in the form of a restriction, easement, covenant, or condition” — in a deed, will or other instrument, executed by a person, for the purpose of insuring adequate access of a solar energy system to solar energy. That is a mechanism for acquiring a right from someone else by agreement and recording it. It is not a statute that voids a covenant banning solar panels, and none of the chapters held for this tab contains one.
The practical consequence for a homeowner in a covenanted community is worth stating directly: if your declaration restricts solar installations, these sections do not override it. What they give you against a neighbour is an agreement, in writing, recorded.
They give you two more things against the public side. Under § 66-914, where the application of any zoning or subdivision regulation or ordinance “would prevent or unduly restrict the use of solar energy systems or wind energy conversion systems”, the governing body of the county or municipality is authorized to grant a variance or exception so as to relieve the restriction and protect access — provided that can be done without substantial detriment to the public good or substantial impairment of the regulation’s intent. § 66-913 authorises counties and municipalities to build solar and wind access protection into their zoning and subdivision regulations and comprehensive development plans in the first place. And § 66-912.02 provides that no interest in a wind or solar resource on a tract of land “may be severed from the surface estate” — the resource stays with the land.
A note on the range. This page carries §§ 66-901 to 66-914, which is the span § 66-902 uses when it fixes the definitions for these provisions. Article 9 of chapter 66 continues past it at § 66-915, a separate requirement about light-mitigating technology on wind energy conversion systems, which is not reproduced here.
How it fits with Nebraska’s other community laws
What your association may restrict comes from the recorded declaration and, for a condominium, the Nebraska Condominium Act; what it may charge and lien comes from § 52-2001. Return to the Nebraska HOA laws hub for the full set.
Contents · 22 sections ▾
- § 66-901 Legislative findings
- § 66-902 Definitions; where found
- § 66-902.01 Decommissioning security, defined
- § 66-903 Solar energy, defined
- § 66-904 Solar energy collector, defined
- § 66-905 Solar energy system, defined
- § 66-906 Passive solar energy system, defined
- § 66-907 Repealed. Laws 2012, LB 828, § 22
- § 66-908 Structure, defined
- § 66-909 Solar agreement, defined
- § 66-909.01 Wind energy, defined
- § 66-909.02 Wind energy conversion system, defined
- § 66-909.03 Repealed. Laws 2012, LB 828, § 22
- § 66-909.04 Wind agreement, defined
- § 66-910 Solar agreement; wind agreement; manner granted
- § 66-911 Repealed. Laws 2012, LB 828, § 22
- § 66-911.01 Solar agreement; wind agreement; land right or option to secure a land right; requirements
- § 66-912 Solar agreement; wind agreement; how enforced
- § 66-912.01 Solar agreement; wind agreement; initial term; limitation; termination
- § 66-912.02 Interest in wind or solar resource; restriction on severance from surface estate
- § 66-913 Counties or municipalities; zoning regulations, ordinances, and plans; considerations
- § 66-914 Solar energy systems; wind energy conversion systems; restricted by regulation or ordinance; variance or exception; when granted
The Legislature hereby finds and declares that the use of solar energy and wind energy in Nebraska: (1) Can help reduce the nation’s reliance upon irreplaceable domestic and imported fossil fuels; (2) can reduce air and water pollution resulting from the use of conventional energy sources; (3) requires effective legislation and efficient administration of state and local programs to be of greatest value to its citizens; and (4) is of such importance to the public health, safety, and welfare that the state should take appropriate action to encourage its use.
As the use of solar energy and wind energy devices increases, the possibility of future shading and obstruction of such devices by structures or vegetation will also increase. The Legislature therefor declares that the purpose of sections 66-901 to 66-914 is to promote the public health, safety, and welfare by protecting access to solar energy and wind energy as provided in sections 66-901 to 66-914.
Source: Laws 1979, LB 353, § 1; Laws 1997, LB 140, § 1; Laws 2012, LB828, § 1.
For purposes of sections 66-901 to 66-914, unless the context otherwise requires, the definitions found in sections 66-902.01 to 66-909.04 apply.
Source: Laws 1979, LB 353, § 2; Laws 1997, LB 140, § 2; Laws 2012, LB828, § 2.
Decommissioning security means a security instrument that is posted or given by a wind developer to a municipality or other governmental entity to ensure sufficient funding is available for removal of a wind energy conversion system and reclamation at the end of the useful life of such a system.
Source: Laws 2012, LB828, § 3.
Solar energy shall mean radiant energy, direct, diffuse, or reflected, received from the sun at wavelengths suitable for conversion into thermal, chemical, or electrical energy.
Source: Laws 1979, LB 353, § 3.
Solar energy collector shall mean a device, structure, or part of a device or structure which is used primarily to transform solar energy into thermal, chemical, or electrical energy. It includes any space or structural components specifically designed to retain heat derived from solar energy, any mechanism that converts wind energy into electrical energy, and any photosynthetic process specifically maintained to produce photosynthetic products.
Source: Laws 1979, LB 353, § 4.
Solar energy system shall mean a complete design or assembly consisting of a solar energy collector, an energy storage facility when used, and components for the distribution of transformed energy to the extent that they cannot be used jointly with a conventional energy system. Passive solar energy systems are included in this definition but not to the extent that they fulfill other functions, such as structural or recreational.
Source: Laws 1979, LB 353, § 5.
Passive solar energy system shall mean any space or structural components that are specifically designed to retain heat derived from solar energy, including ponds for evaporative cooling, and any moving parts that increase heat retention by the system.
Source: Laws 1979, LB 353, § 6.
Structure shall mean anything constructed, installed, or portable that requires for normal use a location on a parcel of land. This includes any movable structure located on land which can be used either temporarily or permanently for housing, business, commercial, agricultural, or office purposes. It also includes fences, billboards, poles, pipelines, transmission lines, and advertising signs.
Source: Laws 1979, LB 353, § 8.
Solar agreement shall mean a right, whether or not stated in the form of a restriction, easement, covenant, or condition, in any deed, will, or other instrument executed by any person for the purpose of insuring adequate access of a solar energy system to solar energy.
Source: Laws 1979, LB 353, § 9; Laws 2012, LB828, § 5.
Wind energy shall mean the use of wind to produce electricity through the use of a wind energy conversion system.
Source: Laws 1997, LB 140, § 3.
Wind energy conversion system shall mean any device, supporting structure, mechanism, or series of mechanisms that uses wind for the production of electricity or a mechanical application.
Source: Laws 1997, LB 140, § 4.
Wind agreement means a right, whether or not stated in the form of a restriction, easement, covenant, or condition, in any deed, wind easement, wind option, lease, or lease option securing land for the study or production of wind- generated energy or any other instrument executed by or on behalf of any owner of land or air space for the purpose of allowing another party to study the potential for or to develop a wind energy conversion system on such land or in such air space.
Source: Laws 2012, LB828, § 4.
Any property owner may grant a solar agreement or wind agreement in the same manner and with the same effect as a conveyance of any other interest in real property.
Source: Laws 1979, LB 353, § 10; Laws 1997, LB 140, § 6; Laws 2012, LB828, § 6.
An instrument creating a land right or an option to secure a land right in real property or the vertical space above real property for a solar agreement or a wind agreement shall be created in writing, and the instrument, or an abstract, shall be filed, duly recorded, and indexed in the office of the register of deeds of the county in which the real property subject to the instrument is located. The instrument shall include, but the contents are not limited to:
(1) The names of the parties;
(2) A legal description of the real property involved;
(3) The nature of the interest created;
(4) The consideration paid for the transfer;
(5) A description of the improvements the developer intends to make on the real property, including, but not limited to: Roads; transmission lines; substations; wind turbines; and meteorological towers;
(6) A description of any decommissioning security or local requirements related to decommissioning; and
(7) The terms or conditions, if any, under which the interest may be revised or terminated.
An abstract under this section need not include the items described in subdivisions (4) through (7) of this section.
Source: Laws 1997, LB 140, § 8; Laws 2009, LB568, § 5; Laws 2012, LB828, § 7.
A solar agreement or wind agreement may be enforced by injunction or proceedings in equity or other civil action.
Source: Laws 1979, LB 353, § 12; Laws 1997, LB 140, § 9; Laws 2012, LB828, § 8.
A solar agreement or wind agreement shall run with the land benefited and burdened and shall terminate upon the conditions stated in the solar agreement or wind agreement. The initial term of a solar agreement or wind agreement shall not exceed forty years, except that the parties to a solar agreement or wind agreement may extend or renew the initial term by mutual written agreement. A wind agreement shall terminate if development of a wind energy conversion system has not commenced within ten years after the effective date of the wind agreement, except that this period may be extended by mutual agreement of the parties to the wind agreement.
Source: Laws 2012, LB828, § 9.
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.
Source: Laws 2012, LB828, § 10.
All counties or municipalities having zoning or subdivision jurisdiction are hereby authorized to include considerations for the encouragement of solar energy and wind energy use and the protection of access to solar energy and wind energy in all applicable zoning regulations or ordinances and comprehensive development plans. Such considerations may include, but not be limited to, regulation of height, location, setback, and use of structures, the height and location of vegetation with respect to property boundary lines, the type and location of energy systems or their components, and the use of districts to encourage the use of solar energy systems and wind energy conversion systems and protect access to solar energy and wind energy. Comprehensive development plans may contain an element for protection and development of solar energy and wind energy access which will promote energy conservation and ensure coordination of solar energy and wind energy use with conventional energy use.
Source: Laws 1979, LB 353, § 13; Laws 1997, LB 140, § 10.
When the application of any zoning or subdivision regulation or ordinance would prevent or unduly restrict the use of solar energy systems or wind energy conversion systems, the governing body of the county or municipality having zoning or subdivision jurisdiction is authorized to grant a variance or exception from the strict application thereof so as to relieve such restriction and protect access to solar energy or wind energy if such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of such regulation or ordinance.
Source: Laws 1979, LB 353, § 14; Laws 1997, LB 140, § 11.
General information, not legal advice. Statutory text is reproduced from the Nebraska Revised Statutes and may not reflect the most recent amendments.