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Nebraska
solar power plans
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.
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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:
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(1) The names of
the parties;
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(2) A legal
description of the real property involved;
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(3) The nature
of the interest created;
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(4) The
consideration paid for the transfer; and
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(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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