Montana Incentives/Policies for Renewables & Efficiency |
 |
Last DSIRE Review: 05/16/2012
Program Overview:
| State: |
Montana |
| Incentive Type: |
Solar/Wind Access Policy |
| Eligible Renewable/Other Technologies: |
Passive Solar Space Heat, Solar Water Heat, Solar Space Heat, Solar Thermal Electric, Solar Thermal Process Heat, Photovoltaics, Wind |
| Applicable Sectors: |
Commercial, Industrial, Residential, Nonprofit, Schools, Local Government, State Government, Fed. Government |
| Web Site: |
http://deq.mt.gov/Energy/Renewable/NetMeterRenew.mcpx
|
Authority 1:
Date Enacted:
Expiration Date:
|
MCA ยง 70-17-301 et seq.
1979 (solar), 1983 (wind)
None
|
Authority 2:
Date Enacted:
Date Effective:
|
HB 295
4/21/11
4/21/11
|
Summary:
Montana's solar and wind easement provisions allow property owners to create solar and wind easements for the purpose of protecting and maintaining proper access to sunlight and wind. Solar easements should be negotiated with neighboring property owners. Montana's solar easement law was enacted in 1979; the wind easement law was originally enacted in 1983.
In April 2011, the provisions related to wind easements were repealed by House Bill 295 (2011) and replaced with more extensive wind easements provisions. This legislation defines wind energy rights as property rights and specifies that real property owners can enter into an agreement to grant a wind easement to give wind energy developers the right to use real property and the wind resource located on or flowing over the real property to develop a project. The agreement details provisions such as requirements that the property owner "ensure the undisturbed flow of wind on and over the real property", tax liability related to wind equipment, and compensation to the property owner. A property owner can either enter into a wind energy agreement or a wind option agreement. The former is the document that contains the wind easement and the later is a document where a property owner grants a developer the exclusive right to obtain a wind easement. Wind option agreements generally only last for 20 years, unless extended. The wind easement that is created runs with the property. |
|
 |
Disclaimer: The information presented on the DSIRE web site provides an unofficial overview of financial incentives and other policies. It does not constitute professional tax advice or other professional financial guidance, and it should not be used as the only source of information when making purchasing decisions, investment decisions or tax decisions, or when executing other binding agreements. Please refer to the individual contact provided below each summary to verify that a specific financial incentive or other policy applies to your project.
While the DSIRE staff strives to provide the best information possible, the DSIRE staff, the N.C. Solar Center, N.C. State University and the Interstate Renewable Energy Council, Inc. make no representations or warranties, either express or implied, concerning the accuracy, completeness, reliability or suitability of the information. The DSIRE staff, the N.C. Solar Center, N.C. State University and the Interstate Renewable Energy Council, Inc. disclaim all liability of any kind arising out of your use or misuse of the information contained or referenced on DSIRE Web pages.
|
