66-910. Solar agreement; wind agreement; manner granted.
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.
66-911.01. Solar agreement; wind agreement; land right or option to secure a land right; requirements.
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.
66-912. Solar agreement; wind agreement; how enforced.
A solar agreement or wind agreement may be enforced by injunction or proceedings in equity or other civil action.
66-912.02. Interest in wind or solar resource; restriction on severance from surface estate.
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.
66-913. Counties or municipalities; zoning regulations, ordinances, and plans; considerations.
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.
66-914. Solar energy systems; wind energy conversion systems; restricted by regulation or ordinance; variance or exception; when granted.
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.