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Solar Easements

Eligibility 
Commercial
Industrial
Local Government
Nonprofit
Residential
Schools
State Government
Federal Government
Savings Category 
Solar - Passive
Solar Water Heat
Solar Space Heat
Solar Thermal Electric
Solar Thermal Process Heat
Solar Photovoltaics
Program Info
Sector Name 
State
State 
North Dakota
Program Type 
Solar/Wind Access Policy
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.