North Dakota solar and wind ordinances by county
15 counties with figures quoted from their own ordinances. 0 of 1 moratoria and bans on file in force. Plus the state law that applies.
Updated October 2026
Counties
Solar figures as each county's ordinance states them. Open a county for wind and battery storage rules, conditions, and the sentence each figure comes from.
| County | Rules read | Property line | Homes | Max height | Min lot | Moratorium or ban |
|---|---|---|---|---|---|---|
| Barnes County | Solar, Wind | 100 ft | n/a | n/a | n/a | None on file |
| Bowman County | Solar, Wind | 150 ftUtility-scale solar | n/a | 20 ftUtility-scale ground-mounted solar | 20 acresUtility-scale solar | None on file |
| Burke County | Solar, Wind, Battery storage | 100 ft | n/a | n/a | n/a | None on file |
| Burleigh County | Solar, Wind | n/a | n/a | n/a | 10 acressolar farms | None on file |
| Dickey County | Solar, Wind | 185 ft | 0.5 milesresidences and farms | n/a | n/a | None on file |
| Divide County | Solar, Wind | 100 ft | n/a | n/a | n/a | None on file |
| Dunn County | Wind | n/a | n/a | n/a | n/a | None on file |
| Foster County | Wind | n/a | n/a | n/a | n/a | None on file |
| Grant County | Wind | n/a | n/a | n/a | n/a | None on file |
| McHenry County | Wind | n/a | n/a | n/a | n/a | None on file |
| McKenzie County | Solar, Wind, Battery storage | 500 ftProperty Lines (Non - Participating) | 1,000 ftOccupied Buildings (Non - Participating) | 20 ftground-mounted | n/a | None on file |
| McLean County | Solar, Wind | n/a | n/a | n/a | n/a | None on file |
| Stutsman County | Solar, Wind | 100 ft | 1,320 ft | 20 ft | n/a | None on file |
| Ward County | Wind | n/a | n/a | n/a | n/a | None on file |
| Wells County | Wind | n/a | n/a | n/a | n/a | None on file |
Every North Dakota figure in one spreadsheet
156 figures from 16 counties, each with its quote, source, date read and any condition. 1 of those places is not on this site. Plus the moratorium or ban on file and North Dakota state law.
Moratoria and bans in North Dakota
County, town and township moratoria and bans, each checked against the adopting document.
| Place | Type | Covers | Status | Runs to | Source |
|---|---|---|---|---|---|
| Oliver County | Moratorium | All solar energy facilities | Ended August 4, 2025 | August 4, 2025 | DocumentChecked September 29, 2026 |
North Dakota state law
What state law says about local solar, wind and storage rules. Each statement links the law or official source it comes from.
State siting: North Dakota Public Service Commission
A PSC certificate of site compatibility is required for wind over 0.5 MW, solar and other generation over 50 MW, and grid storage of 5 MW or more; it does not override county or township zoning, so the project needs both.
NDCC 49-22-03 and 49-22-07 (storage added by HB 1097 (2023)). Source
What local government decides
A PSC certificate does not preempt county or township zoning, and a local zoning authority may require larger wind setbacks than the state's.
NDCC 49-22-16(2)(a); 49-22-05.1(4). Source
Wind standards in state law
Applies to wind projects the PSC sites (over 0.5 MW): these areas must be excluded from the site unless the neighbor agrees to a variance; counties and townships may require more.
| Homes (non-participating) | 3 × tip height |
| Property line (non-participating) | 1.1 × tip height |
| Public roads (interstate and state) | 1.1 × tip height from right-of-way |
| Public roads (county and township) | 1.1 × tip height + 75 ft from centerline |
| Railroads | 1.1 × tip height from right-of-way |
| Transmission lines (115 kV and up) | 1.1 × tip height from right-of-way |
| Noise | 45 dBA within 100 ft of a home or community building (owner may waive) |
| ICBM launch facilities | 1,200 ft |
NDCC 49-22-05.1(4); N.D. Admin. Code 69-06-08-01(1), (2), (4) (rule last amended effective Jan 1, 2022). Source
Solar standards in state law
Applies to solar projects the PSC sites (over 50 MW): homes within 500 ft are an avoidance area (usable only if there is no reasonable alternative, and the owner may waive it), and ICBM sites are excluded.
| Homes (inhabited rural residence) | 500 ft (avoidance area; owner may waive) |
| ICBM launch facilities | 1,200 ft |
NDCC 49-22-05.1(3); N.D. Admin. Code 69-06-08-01(1)(f). Source
Battery storage standards in state law
Applies to grid storage the PSC sites (5 MW and up): homes within 500 ft are an avoidance area (owner may waive), and ICBM sites are excluded.
| Homes (inhabited rural residence) | 500 ft (avoidance area; owner may waive) |
| ICBM launch facilities | 1,200 ft |
NDCC 49-22-03(17), 49-22-05.1(3); N.D. Admin. Code 69-06-08-01(1)(f). Source
Wind standards in state law
Applies statewide to every commercial wind facility of 500 kW or more, whether or not the PSC sited it.
| Decommissioning | Start within 12 months, finish within 24 months of abandonment or end of life |
| Decommissioning (removal depth) | Foundations to 4 ft (built on or after July 1, 2017) |
N.D. Admin. Code ch. 69-09-09 (NDCC 49-02-27; effective Oct 1, 2008, amended July 1, 2017). Source
Solar standards in state law
Applies statewide to every commercial solar facility of 500 kW or more, whether or not the PSC sited it.
| Decommissioning | Start within 12 months, finish within 24 months of abandonment or end of life |
| Decommissioning (removal depth) | Piles and foundations to 4 ft; cables to 24 in |
N.D. Admin. Code ch. 69-09-10 (NDCC 49-02-27; effective July 1, 2020). Source
Screen sites across North Dakota
Basepoint checks each parcel against these rules along with grid, land and environmental data, and keeps the source for every figure.