South Dakota Solar and Wind Easement Law
South Dakota law lets you grant or obtain a written solar or wind easement that protects access to sun or wind and carries the legal weight of an interest in real property. To get one, put it in writing with the required details (parties, legal description, angles and distances where obstructions are limited, terms, and any compensation) and file it with the county register of deeds. Easements last up to 50 years, any payments go annually to the property owner, and you get at least ten business days to review a proposed easement or lease before signing.
Customers with solar PV or small or large wind systems can use a recorded easement to protect their system from future obstructions on neighboring land. Easements must be written and include party names and addresses, a legal description, the vertical and horizontal angles and distances where obstructions are prohibited or limited, termination terms, and any compensation provisions. They must be recorded with the county register of deeds, cannot exceed 50 years, and no easement or lease may be signed until ten business days after the first proposal is delivered to the property owner.
This is a state statutory access policy rather than a funded incentive, so there is no budget or application process; easements are private agreements recorded with each county register of deeds. Key mechanics include a written instrument, a maximum 50-year term, annual payments to the real property owner, and a ten-business-day wait after the first proposed easement or lease is delivered. It applies to any South Dakota property owner across residential, agricultural, institutional, nonprofit, school, and government sectors, with solar easements added by H.B. 1012 in 2017.
Program details
- Program ID
- 3976
- Last updated
- 1/16/2026
Eligibility
- Sectors
- local government nonprofit residential schools state government federal government tribal government agricultural institutional
- Technologies
- solar photovoltaics wind (all) wind (small)
Program summary
Any South Dakota property owner may grant a solar* or wind easement with the same effect as a conveyance of an interest in real property. Easements must be established in writing, and must be filed, recorded and indexed in the office of the register of deeds of the county in which they are granted. The maximum term of an easement is 50 years. Any payments associated with an easement must be made on an annual basis to the owner of the real property. No wind or solar easement or wind or solar lease may be executed by the parties until at least ten business days after the first proposed easement or lease has been delivered to the property owner. An easement must include the following information:
- The names and addresses of the parties;
- A legal description of the real property involved;
- A description of the vertical and horizontal angles, expressed in degrees, and distances from the site of the wind or solar power system in which an obstruction to the wind or sun is prohibited or limited;
- Any terms or conditions under which the easement is granted or may be terminated;
- Any provisions for compensation of the owner of the real property benefiting from the easement in the event of interference with the enjoyment of the easement, or compensation of the owner of the real property subject to the easement for maintaining the easement; and
- Any other provisions necessary or desirable to execute the instrument.
- Description of any restrictions placed on the property for essential services.
*Solar easements were added by H.B. 1012 (2017).
Contact & resources
- Contact email
- BOAGeneralInformation@state.sd.us
Please verify current program details with the administering agency before making any financial decisions.
