Solar/Wind Access Policy
North Dakota allows property owners to grant an easement that ensures adequate exposure of a wind energy system to areas of adequate wind exposure. The easement runs with the land benefited and burdened, and terminates upon the conditions stated in the easement. The statutes authorizing the creation of wind easements include several provisions to protect property owners. For example, a wind easement may not make the property owner liable for any property tax associated with the wind-energy system or other equipment related to wind-energy generation. In addition, the owner of the wind-energy system must carry general liability insurance for damage or injury arising from the construction or operation of the wind-energy facility project site.