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North Dakota

North Dakota

Incentives/Policies for Renewables & Efficiency

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Solar Easements   

Last DSIRE Review: 12/03/2012
Program Overview:
State: North Dakota
Incentive Type: Solar/Wind Access Policy
Eligible Renewable/Other Technologies: Passive Solar Space Heat, Solar Water Heat, Solar Space Heat, Solar Thermal Electric, Solar Thermal Process Heat, Photovoltaics
Applicable Sectors: Commercial, Industrial, Residential, Nonprofit, Schools, Local Government, State Government, Fed. Government
Authority 1:
Date Enacted:
N.D. Cent. Code, ยง 47-05-01.1 et seq.
1977
Summary:

North Dakota's solar easement law is similar to those established by many other U.S. states. The law allows a property owner to obtain a solar easement from another property owner for the purpose of ensuring adequate exposure of a solar-energy system to sunlight. A solar easement must include:

  • The vertical and horizontal angles, expressed in degrees, at which the solar easement extends over the real property subject to the solar easement;
  • Any terms, conditions, or both under which the solar easement is granted or will be terminated; and
  • Any provisions for compensation of the owner of the property benefiting from the solar easement in the event of interference with the enjoyment of the solar easement or compensation of the owner of the property subject to the solar easement for maintaining the solar easement.

Solar easements must be created in writing and are subject to the same conveyancing and instrument recording requirements as other easements.


 
Contact:
  Joe Murphy
North Dakota Department of Commerce
Division of Community Services
1600 East Century Avenue, Suite 2
PO Box 2057
Bismarck, ND 58502-2057
Phone: (701) 328-5300
Fax: (701) 328-2308
E-Mail: jmurphy@nd.gov
Web Site: http://www.communityservices.nd.gov/Energy
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Disclaimer: The information presented on the DSIRE web site provides an unofficial overview of financial incentives and other policies. It does not constitute professional tax advice or other professional financial guidance, and it should not be used as the only source of information when making purchasing decisions, investment decisions or tax decisions, or when executing other binding agreements. Please refer to the individual contact provided below each summary to verify that a specific financial incentive or other policy applies to your project.

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Copyright 2012 - 2013 North Carolina State University, under NREL Subcontract No. XEU-0-99515-01. Permission granted only for personal or educational use, or for use by or on behalf of the U.S. government. North Carolina State University prohibits the unauthorized display, reproduction, sale, and/or distribution of all or portions of the content of the Database of State Incentives for Renewables and Efficiency (DSIRE) without prior, written consent.