| Implementing Sector | State |
| Category | Regulatory Policy |
| State | Nevada |
| Incentive Type | Solar/Wind Access Policy |
| Eligible Renewable/Other Technologies | Solar Water Heat, Solar Space Heat, Solar Thermal Electric, Solar Thermal Process Heat, Solar Photovoltaics, Wind (All), Wind (Small) |
| Applicable Sectors | Commercial, Industrial, Local Government, Nonprofit, Residential, Schools, State Government, Federal Government |
In Nevada, a comprehensive set of laws protects the rights of property owners to install and use solar and wind energy systems, underscoring the state’s commitment to renewable energy and individual autonomy in energy choices. These statutes are crucial in preventing undue limitations by homeowners’ associations, local governments, and other entities on the adoption of these green technologies.
The Nevada Revised Statutes 111.239 and 111.2395 specifically address property rights, prohibiting any covenants, deeds, contracts, ordinances, or legal instruments that impose unreasonable restrictions on the installation and operation of solar or wind energy systems on private property. For solar energy systems, “unreasonable restrictions” are defined as those that result in a decrease in system performance by more than 10%. In the case of wind energy systems, restrictions are considered unreasonable if they significantly reduce the system’s efficiency or performance. Additionally, wind systems may face further restrictions based on factors such as height, noise, or safety considerations.
Zoning laws, as outlined in Nevada Revised Statutes 278.02077 and 278.0208, further support renewable energy by prohibiting local governing bodies from enacting ordinances or regulations that outright ban or unreasonably restrict the acquisition of wind or solar energy on private properties. Amendments made in 2017 to the wind energy statute allow for the denial of installation permits by city or county governing bodies if the proposed wind energy system poses a public safety hazard or clashes with the character of the local area, based on its size, height, or configuration.
Moreover, NRS 116.2111 specifically safeguards the rights of individuals in common-interest communities, allowing the installation of wind energy systems on units with 2 acres or more, contingent upon obtaining written consent from neighboring property owners within 300 feet.
Nevada also encourages the formation of solar easements, which are voluntary legal agreements that secure the right to receive sunlight across someone else’s property for solar energy generation. This legal framework not only promotes renewable energy but also ensures that property owners can freely invest in solar and wind energy technologies, contributing to Nevada’s sustainable energy future while protecting individual rights against undue restrictions.
| Name | NRS § 111.370 et seq. |
| Date Enacted | 1995 |
| Expiration Date | None |
| Name | NRS § 111.239 et seq. |
| Name | NRS § 278.02077, et seq. |
| Name | NRS § 116.2111 |
