Best Renewable & Alternative Energy Lawyers in Nebraska

About Renewable & Alternative Energy Law in Nebraska, United States

Renewable and alternative energy law in Nebraska covers the legal framework regulating the generation, distribution, and use of sustainable energy sources, such as wind, solar, geothermal, hydroelectric, and bioenergy. Nebraska stands out nationally as a publicly owned electricity state, meaning its energy is primarily produced and distributed by public power districts, municipal systems, and cooperatives. The state is rich in wind and solar resources and actively encourages the development of clean energy while balancing agricultural land use and environmental preservation. Nebraska's laws govern aspects such as project permitting, land use, grid interconnections, taxation, and incentives for renewable energy development.

Why You May Need a Lawyer

Engaging with Nebraska's renewable and alternative energy industry can present unique legal challenges for property owners, developers, businesses, and local governments. Common reasons to seek legal help in this field include:

• Negotiating and drafting land leases or easements for wind and solar installations
• Navigating zoning and land use regulations for renewable energy projects
• Securing permits and meeting compliance obligations for project development
• Interfacing with local public power districts regarding energy interconnection or power purchase agreements
• Addressing environmental concerns or regulatory compliance issues, such as wildlife impacts or water usage
• Handling disputes between landowners, developers, or neighbors
• Advising on federal and state incentives, tax credits, and grant programs for renewable energy projects
• Structuring partnerships, joint ventures, or other business arrangements for energy initiatives
• Assisting in the negotiation of supply contracts and agreements related to renewable energy products
• Supporting farmers, ranchers, or rural landowners in evaluating offers from developers

Local Laws Overview

Nebraska’s legal landscape for renewable and alternative energy is shaped by both state statutes and local regulations.

• Public Power Structure: Nebraska is unique because all electric utilities are publicly owned. Public Power Districts, municipal utilities, and cooperatives play a crucial role in energy project approvals and power distribution.
• Net Metering: Nebraska law allows net metering for certain small-scale renewable systems (up to 25 kW for most customer-generators), letting users offset electricity costs with power they produce.
• Permitting and Zoning: Renewable energy projects must comply with local planning and zoning requirements. County boards often set requirements for wind turbine setbacks, height limits, noise restrictions, and visual impact.
• Easements and Land Use: Developers must secure legal agreements for land access, including wind easements or solar rights, and address landowner concerns about land value, agricultural impacts, and decommissioning obligations.
• Tax Policies and Incentives: Nebraska offers property tax incentives and sales tax exemptions for qualifying renewable energy projects, subject to certain investment thresholds and applications.
• Environmental Compliance: Projects must adhere to environmental regulations, such as wildlife impact assessments, water usage, and soil disturbance standards.

Navigating these laws often requires coordination with state agencies such as the Nebraska Department of Environment and Energy, as well as local county boards and regulatory commissions.

Frequently Asked Questions

What types of renewable energy projects are popular in Nebraska?

Nebraska has seen significant growth in wind energy projects due to its strong wind resources. Solar installations are also increasing, especially in community and agricultural settings. Some projects use biogas and ethanol from agricultural operations.

Who regulates energy generation in Nebraska?

Most electricity in Nebraska is generated and distributed by public power entities. The Nebraska Power Review Board oversees power plant siting, and local authorities regulate land use and project siting.

Can private landowners develop renewable energy projects on their property?

Yes, private landowners can develop renewable energy systems for personal use, and some participate in larger projects through leases or easements with developers, subject to local zoning and utility interconnection rules.

How does net metering work in Nebraska?

Under state law, net metering allows residential and commercial customers with eligible renewable systems up to 25 kilowatts to offset their electricity usage by selling excess power back to the grid, with limits depending on utility and capacity.

What permits are required to build a wind or solar project?

Permitting requirements vary by project size and location but typically involve zoning approvals, environmental assessments, local or county permits, and agreements with the applicable public power entity for grid access.

Are there tax incentives for renewable energy in Nebraska?

Nebraska offers property tax exemptions, sales tax reductions, and other incentives for qualifying renewable energy investments. Eligibility depends on project scope, investment amounts, and compliance with specific application processes.

What legal issues might landowners face with wind or solar leases?

Landowners should review lease terms for payment structures, land use restrictions, liability, insurance, equipment removal, and property restoration after project decommissioning. Legal counsel can help interpret and negotiate these agreements.

How do environmental regulations impact renewable energy development?

Projects must comply with federal and state environmental laws, including wildlife habitat protection, water use, soil conservation, and noise or visual impact mitigation, which can affect project siting and timeline.

Can renewable energy projects affect agricultural use of land?

Yes, installation of wind turbines or solar arrays may impact crop production, grazing, irrigation, and land access. Leases should address restoration of the land and ongoing agricultural use rights.

Where can disputes arise in renewable energy projects?

Common disputes involve lease or easement terms, alleged property damage, project delays, compliance violations, or disagreements between landowners and developers or neighboring property owners. Mediation or legal action may be necessary in some cases.

Additional Resources

Several organizations and governmental agencies can assist individuals and businesses seeking information or support regarding renewable and alternative energy in Nebraska:

• Nebraska Department of Environment and Energy (NDEE) - Project permitting and environmental compliance
• Nebraska Power Review Board - Oversight of power plant siting and public power governance
• Nebraska Energy Office - Programs and incentives for energy efficiency and renewable energy projects
• U.S. Department of Energy’s Office of Energy Efficiency and Renewable Energy (EERE) - Federal guidance
• Local County Planning or Zoning Offices - Zoning, land use, and permit requirements
• Nebraska Public Power District and other local power utilities - Interconnection and net metering inquiries
• Nebraska Farmers Union and Nebraska Renewable Energy Systems - Advocacy and resources for rural landowners
• Nebraska State Bar Association - Referrals for attorneys experienced in energy law

Next Steps

If you are considering a renewable or alternative energy project, need help navigating Nebraska’s regulations, or are dealing with a contract or compliance issue, it is prudent to consult a qualified Nebraska attorney with experience in energy law. Start by gathering documentation about your project or inquiry, such as property records, correspondence with utilities or developers, and relevant contracts. Reach out to local bar associations or recommended organizations for attorney referrals, and be prepared to discuss your goals and any legal concerns you have.

Early legal guidance can help you identify opportunities, avoid common pitfalls, and ensure your interests are protected as Nebraska continues to expand its leadership in renewable and alternative energy.