Solar and Wind Easements & Rights Laws

Nevada has a number of laws which prohibit restrictions on solar and wind energy systems. 

Nevada Revised Statutes 111.239 and 111.2395 relate to property. The laws disallow covenants, deeds, contracts, ordinances or other legal instruments which unreasonably restrict a property owner from using a solar or wind energy system on his or her property. For solar systems, unreasonable restrictions are those which decrease system performance by more than 10%. For wind systems, unreasonable restrictions are those which “significantly” decrease the efficiency or performance of the system. Further restrictions can be placed on a wind system based on its height, noise or safety.

Nevada Revised Statutes 278.02077 and 278.0208 relate to zoning. The laws prevent governing bodies from adopting ordinances or regulations which prohibit or unreasonably restrict property owners from obtaining wind or solar energy on their property. The statute related to wind was amended in 2017 to provide that the governing body of a city or county may deny an installation permit for obtaining wind energy if the size, height or configuration of the system: (1) represents a danger to the health, safety or welfare of the public; or (2) is not compatible with the character of the area in which the system is located.

NRS 116.2111 ensures that common-interest communities may not unreasonably restrict or withhold approval for a unit’s owner to add a wind energy system to the unit, so long as the boundaries of the unit encompass 2 acres or more of the common-interest community. The unit owner must first obtain the written consent of each owner of property within 300 feet of any boundary of the unit.

Nevada law also allows parties to enter voluntarily into solar easements that are legally binding.