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Nevada

Nevada

Incentives/Policies for Renewables & Efficiency

Printable Version
Solar and Wind Easements & Rights Laws   

Last DSIRE Review: 10/21/2014
Program Overview:
State: Nevada
Incentive Type: Solar/Wind Access Policy
Eligible Renewable/Other Technologies: 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
Authority 1:
Date Enacted:
Expiration Date:
NRS § 111.370 et seq.
1995
None
Authority 2:
NRS § 111.239 et seq.
Authority 3:
NRS § 278.02077, et seq.
Authority 4:
NRS § 116.2111
Summary:

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, 278.02077, 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." 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.


 
Contact:
  Paul Thomsen
Nevada Governor's Office of Energy
755 N Roop, Suite 202
Carson City, NV 89701
Phone: (775) 387-1850
E-Mail: pthomsen@energy.nv.gov
Web Site: http://energy.nv.gov/
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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.