Oklahoma Solar and Wind Access Law

In 2010, Oklahoma passed S.B. 1787, a piece of legislation designed to clarify and regulate the ownership and use of airspace for renewable energy purposes, specifically focusing on wind and solar energy production. This law establishes a fundamental principle that the right to access and use airspace for the generation of wind or solar power is inherently linked to the ownership of the land beneath that airspace. It mandates that any agreements for leasing airspace to harness wind or solar energy must be negotiated with the landowner who holds title to the underlying land.

The statute explicitly stipulates that rights associated with the resources on a tract of land, specifically for the purpose of generating wind or solar energy, cannot be separated from the surface estate. In other words, it prohibits the severance of wind or solar energy production rights from the ownership of the land itself. However, it does allow for these rights to be leased under defined terms as specified within the act, ensuring that the landowner retains control over the land and the associated airspace rights for renewable energy projects.

An important exemption within this regulation is for property owners who are utilizing wind or solar energy conversion systems exclusively for domestic use. This means that individuals employing renewable energy solutions for their personal, non-commercial needs are not subject to the restrictions imposed on larger scale or commercial renewable energy projects. This exemption is likely aimed at encouraging the adoption of renewable energy technologies by homeowners and small property owners without entangling them in the complex leasing arrangements and regulations aimed at larger commercial interests.

Overall, S.B. 1787 represents Oklahoma’s effort to provide a legal framework that supports the development of renewable energy while protecting landowner rights. By tying the use of airspace for wind and solar energy production to land ownership, the law aims to streamline negotiations and agreements for renewable energy projects, thereby fostering a clearer, more secure environment for the expansion of renewable energy in the state.