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Solar and Wind Easements and Rights Laws

Eligibility 
Commercial
Fed. Government
Industrial
Local Government
Nonprofit
Residential
Schools
State Government
Savings Category 
Photovoltaics
Solar Water Heat
Program Info
State 
Nevada
Program Type 
Solar/Wind Access Policy
Provider 
Nevada Governor's Office of Energy

Nevada's general statutes provide owners of solar and wind energy systems protection against restrictions that would otherwise prevent them from installing these systems on their property. NRS § 111.239 and 278.0208 disallow the adoption of any covenant, deed, contract, ordinance or other legal instrument which affects the transfer or sale of real property that unreasonably restrict a landowner from installing solar or wind energy systems on their land. The law further states that any existing covenant, deed, contract or other legal instrument that unreasonably restrict a landowner from installing solar or wind energy systems on their land is void and unenforceable.

Solar and wind systems are also protected from siting restrictions that would "significantly decrease the efficiency or performance of the system and not allow for the use of an alternative system at a comparable cost and with comparable efficiency and performance." [http://www.leg.state.nv.us/75th2009/Bills/SB/SB114_EN.pdf SB 114] of May 2009 clarified that a 10% decrease in performance is considered a "significant decrease" for a solar system. The bill did not provide a similar value for an unacceptable decrease in the performance of a wind system. Further, AB 122 of 2011 stripped wind of some of the limited siting protections provided by SB 114 of 2009.

NRS § 116.2111 ensures that common interest communities may not unreasonably restrict, prohibit or withhold approval of a wind energy system if it is installed on two acres or more of the owner's property within the established community if the owner obtains written consent from the owners of all properties within 300 feet of the system.

Nevada also allows parties to enter voluntarily into solar easements that are legally binding.