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Nebraska

NEBRASKA STATUTES
CHAPTER 66 - OILS, FUELS, AND ENERGY

66-903. Solar energy, defined.
Solar energy shall mean radiant energy, direct, diffuse, or reflected, received from the sun at wavelengths suitable for conversion into thermal, chemical, or electrical energy.

66-904. Solar energy collector, defined.
Solar energy collector shall mean a device, structure, or part of a device or structure which is used primarily to transform solar energy into thermal, chemical, or electrical energy. It includes any space or structural components specifically designed to retain heat derived from solar energy, any mechanism that converts wind energy into electrical energy, and any photosynthetic process specifically maintained to produce photosynthetic products.

66-905. Solar energy system, defined.
Solar energy system shall mean a complete design or assembly consisting of a solar energy collector, an energy storage facility when used, and components for the distribution of transformed energy to the extent that they cannot be used jointly with a conventional energy system. Passive solar energy systems are included in this definition but not to the extent that they fulfill other functions, such as structural or recreational.

66-906. Passive solar energy system, defined.
Passive solar energy system shall mean any space or structural components that are specifically designed to retain heat derived from solar energy, including ponds for evaporative cooling, and any moving parts that increase heat retention by the system.

66-907. Solar skyspace, defined.
Solar skyspace shall mean the space between a solar energy collector and the sun which must remain unobstructed in order to assure reasonable operation of the solar energy system.

66-908. Structure, defined.
Structure shall mean anything constructed, installed, or portable that requires for normal use a location on a parcel of land. This includes any movable structure located on land which can be used either temporarily or permanently for housing, business, commercial, agricultural, or office purposes. It also includes fences, billboards, poles, pipelines, transmission lines, and advertising signs.

66-909. Solar skyspace easement, defined.
Solar skyspace easement shall mean a right, whether or not stated in the form of a restriction, easement, covenant, or condition, in any deed, will, or other instrument executed by any person for the purpose of insuring adequate access of a solar energy system to solar energy.

66-909.01. Wind energy, defined.
Wind energy shall mean the use of wind to produce electricity through the use of a wind energy conversion system.

66-909.02. Wind energy conversion system, defined.
Wind energy conversion system shall mean any device, supporting structure, mechanism, or series of mechanisms that uses wind for the production of electricity or a mechanical application.

66-909.03. Wind energy easement, defined.
Wind energy easement shall mean any easement, covenant, or condition designed to insure the undisturbed flow of wind across the real property of another.

66-910. Solar skyspace easement; wind energy easement; how executed; effect.
Any property owner may grant a solar skyspace easement or wind energy easement in the same manner and with the same effect as a conveyance of any other interest in real property. The easement shall be created in writing and shall be filed, duly recorded, and indexed in the office of the register of deeds of the county in which the real property subject to the easement is located. No duly recorded easement shall be unenforceable on account of lack of privity of estate or privity of contract. Such easements shall run with the land or lands benefited and burdened and shall constitute a perpetual easement, except that a solar skyspace easement or wind energy easement may terminate upon the conditions stated therein or by agreement of the owners of the lands benefited and burdened.

66-911.01. Solar energy system; wind energy conversion system; wind measuring equipment; leases; requirements.
An instrument creating a lease or an option to lease real property or the vertical space above real property for a solar energy system or for a wind energy conversion system shall be created in writing and shall be filed, duly recorded, and indexed in the office of the register of deeds of the county in which the real property subject to the easement is located. An instrument creating a lease or an option to lease real property or the vertical space above real property for wind measuring equipment may be created in writing and may be filed, duly recorded, and indexed in the office of the register of deeds of the county in which the real property subject to the easement is located. Such lease or lease option document shall include, but the contents are not limited to:

(1) The names of the parties;

(2) A legal description of the real property involved;

(3) The nature of the interest created;

(4) The consideration paid for the transfer; and

(5) The terms or conditions, if any, under which the interest may be revised or terminated.

66-912. Easement; how enforced.
A solar skyspace easement or wind energy easement may be enforced by injunction or proceedings in equity or other civil action.

66-913. Counties or municipalities; zoning regulations, ordinances, and plans; considerations.
All counties or municipalities having zoning or subdivision jurisdiction are hereby authorized to include considerations for the encouragement of solar energy and wind energy use and the protection of access to solar energy and wind energy in all applicable zoning regulations or ordinances and comprehensive development plans. 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.

66-914. Solar energy systems; wind energy conversion systems; restricted by regulation or ordinance; variance or exception; when granted.
When the application of any zoning or subdivision regulation or ordinance would prevent or unduly restrict the use of solar energy systems or wind energy conversion systems, the governing body of the county or municipality having zoning or subdivision jurisdiction is authorized to grant a variance or exception from the strict application thereof so as to relieve such restriction and protect access to solar energy or wind energy if such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of such regulation or ordinance.

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