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The U.S. Department of Energy and the North Carolina Clean Energy Technology Center are excited to announce that a new, modernized DSIRE is under construction. The new version of DSIRE will offer significant improvements over the current version, including expanded data accessibility and an array of new tools for site users. The new DSIRE site will be available in December 2014. Staff are currently working hard on the new version of DSIRE but are also maintaining the content of the current version of DSIRE. Thank you for your continued support and patience during this transition. We hope you are as excited for December as we are! The U.S. Department of Energy and the North Carolina Solar Center are excited to announce that a new, modernized DSIRE is under construction. The new version of DSIRE will offer significant improvements over the current version, including expanded data accessibility and an array of new tools for site users. The new DSIRE site will be available in the summer of 2014. Staff are currently working hard on the new DSIRE and are unfortunately only able to make minimal updates to the DSIRE website at this time. We apologize for any inconvenience and thank you for using DSIRE.

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Montana

Montana

Incentives/Policies for Renewables & Efficiency

Printable Version
Solar and Wind Easements   

Last DSIRE Review: 06/04/2013
Program Overview:
State: Montana
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, Wind
Applicable Sectors: Commercial, Industrial, Residential, Nonprofit, Schools, Local Government, State Government, Fed. Government
Web Site: http://deq.mt.gov/Energy/Renewable/NetMeterRenew.mcpx
Authority 1:
Date Enacted:
Expiration Date:
MCA ยง 70-17-301 et seq.
1979 (solar), 1983 (wind)
None
Authority 2:
Date Enacted:
Date Effective:
HB 295
4/21/11
4/21/11
Summary:

Montana's solar and wind easement provisions allow property owners to create solar and wind easements for the purpose of protecting and maintaining proper access to sunlight and wind. Solar easements should be negotiated with neighboring property owners. Montana's solar easement law was enacted in 1979; the wind easement law was originally enacted in 1983. 

In April 2011, the provisions related to wind easements were repealed by House Bill 295 (2011) and replaced with more extensive wind easements provisions.  This legislation defines wind energy rights as property rights and specifies that real property owners can enter into an agreement to grant a wind easement to give wind energy developers the right to use real property and the wind resource located on or flowing over the real property to develop a project.  The agreement details provisions such as requirements that the property owner "ensure the undisturbed flow of wind on and over the real property", tax liability related to wind equipment, and compensation to the property owner.  A property owner can either enter into a wind energy agreement or a wind option agreement.  The former is the document that contains the wind easement and the later is a document where a property owner grants a developer the exclusive right to obtain a wind easement.  Wind option agreements generally only last for 20 years, unless extended. The wind easement that is created runs with the property.


 
Contact:
  Garrett Martin
Montana Department of Environmental Quality
Energy Planning & Renewable Energy
1520 East Sixth Ave
PO Box 200901
Helena, MT 59620-0901
Phone: (406) 444-6582
Fax: (406) 444-6836
E-Mail: gmartin@mt.gov
Web Site: http://deq.mt.gov/energy/default.mcpx
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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.

While the DSIRE staff strives to provide the best information possible, the DSIRE staff, the N.C. Solar Center, N.C. State University and the Interstate Renewable Energy Council, Inc. make no representations or warranties, either express or implied, concerning the accuracy, completeness, reliability or suitability of the information. The DSIRE staff, the N.C. Solar Center, N.C. State University and the Interstate Renewable Energy Council, Inc. disclaim all liability of any kind arising out of your use or misuse of the information contained or referenced on DSIRE Web pages.

Copyright 2013 - 2014 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.