North Dakota Solar/Wind Easements and Laws
North Dakota law lets you obtain a written solar easement from a neighboring property owner to help keep your solar system exposed to sunlight, and you can also grant or obtain a wind easement for wind energy systems. A solar easement must state the vertical and horizontal angles it covers, its terms for ending, and any compensation if it is interfered with or must be maintained. It must be recorded like other easements, so work with a real estate attorney or your county recorder to set one up.
Customers installing solar or wind systems can use easements to protect their system's access to sunlight or wind, which helps secure the long-term value of the installation. Solar easements must be in writing, include the angles of the easement, termination terms, and compensation provisions, and follow standard recording requirements. Wind easements are presumed abandoned if construction or operation has not begun within 36 months, wind system owners must carry general liability insurance, and the easement cannot make the landowner liable for property taxes on the wind equipment.
This is a state law-based access policy, not a funded incentive, so there are no application funds or budget; it applies to solar (passive, thermal, and photovoltaic) and wind across residential, commercial, industrial, nonprofit, school, and government sectors. Solar easements are created in writing, must specify angles, terms, and compensation, and are recorded under normal conveyancing rules. Wind easements run with the land, end under their stated conditions, are presumed abandoned after 36 months without construction or operation (H.B. 1181 of 2017) with a statutory termination process, and the statutes also set guidelines for wind option agreements of up to five years and for wind leases.
Program details
- Program ID
- 1
- Last updated
- 1/13/2026
Eligibility
- Sectors
- commercial industrial local government nonprofit residential schools state government federal government
- Technologies
- solar - passive solar water heat solar space heat solar thermal electric solar thermal process heat solar photovoltaics
Program summary
Solar Policy
North Dakota's solar easement law is similar to those established by many other 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.
Wind Policy
North Dakota allows property owners to grant an easement that ensures adequate exposure of a wind energy system to wind. The easement runs with the land benefited and burdened, and terminates upon the conditions stated in the easement. Easements are presumed to be abandoned if construction or operation has not begun within 36 months (H.B. 1181 of 2017). The statute includes a process and timeline for termination of the easement in this event.
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.
North Dakota also provides guidelines for wind option agreements (contracts in which the owner of a property gives another the right to produce energy from wind power on that property at a fixed price within a time period of up to five years) and wind leases.
Contact & resources
- Contact email
- jlein@nd.gov
Please verify current program details with the administering agency before making any financial decisions.
