Nebraska Solar and Wind Easements
Nebraska law lets you create a binding solar or wind easement with a neighbor or other party to protect your access to sunlight and wind for your energy system. Wind agreements can run up to 40 years and end if development hasn't started within 10 years unless all parties agree to extend. Your local government may also have zoning rules protecting energy access, so check with your city or county planning office.
Customers can use solar and wind easements and related agreements to secure long-term access to sun and wind for projects such as PV, solar heating, and small or large wind. Wind agreements are capped at an initial 40 years, lapse if development hasn't begun within 10 years unless all parties agree to extend, and wind developers must ensure decommissioning funds exist for inactive systems. Local zoning on height, setbacks, vegetation, and system location may also apply, so confirm requirements with the local jurisdiction.
This is a state access policy under N.R.S. 66-912.02 and 66-913 rather than a funded incentive, so it involves no program funding or application process. It lets property owners create binding solar and wind easements and other agreements, and prohibits severing wind or solar resource interests from the surface estate. Local governments have discretion to adopt zoning ordinances and comprehensive plan elements that encourage solar and wind use and protect access, and the policy applies broadly across residential, commercial, industrial, agricultural, public, and nonprofit sectors.
Program details
- Program ID
- 223
- Last updated
- 2/17/2026
Eligibility
- Sectors
- commercial construction industrial local government nonprofit residential schools state government federal government agricultural multifamily residential institutional
- Technologies
- solar - passive solar water heat solar space heat solar thermal electric solar thermal process heat solar photovoltaics wind (all) wind (small)
Program summary
Nebraska's solar and wind agreement provisions allow property owners to create binding solar and wind easements, among other types of agreements, for the purpose of protecting and maintaining proper access to sunlight and wind. The initial term of a wind agreement may not exceed 40 years. Additionally, a wind agreement will terminate if development has not commenced within 10 years of the effective date of the wind agreement. If all parties involved agree to extend this period, however, the agreement may be extended. Wind developers are required to ensure decommissioning funds are available for inactive systems.
Local Ordinances and Zoning
Local governments are given discretion to create zoning regulations or ordinances and comprehensive development plans. that encourage the use of solar energy and wind energy use and the protection of access to solar energy and wind energy. 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. (N.R.S. 66-913)
Severability
“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,” (N.R.S. 66-912.02).
Contact & resources
- Contact email
- Larry.Pearce@nebraska.gov
Please verify current program details with the administering agency before making any financial decisions.
