Burke County, North Dakota solar, wind and battery storage ordinance
Solar: 100 ft from property lines, 165 ft (township road) from roads. Wind: 2 miles from homes, 1.2 × height (public road or bridge) from roads. Every figure is quoted from the county's ordinance, read October 7, 2026.
Updated October 2026
Solar rules
7 figures read from the county's ordinance, each with the sentence it comes from.
| Rule and what the ordinance says | Requirement |
|---|---|
Property line setbackA. Every solar farm shall be setback at least 100 feet from all property lines of the parcel upon which the solar farm is located and setback at least ½ mile from all occupied residences. | 100 ft |
Road setbacktownship roadB. Every solar farm shall be setback at least 165 feet from the centerline of any township road, at least 200 feet from any county road, and 250 feet from any state or federal highway. | 165 ft |
Road setbackcounty roadB. Every solar farm shall be setback at least 165 feet from the centerline of any township road, at least 200 feet from any county road, and 250 feet from any state or federal highway. | 200 ft |
Road setbackstate or federal highwayB. Every solar farm shall be setback at least 165 feet from the centerline of any township road, at least 200 feet from any county road, and 250 feet from any state or federal highway. | 250 ft |
Setback from high water mark of any lakeC. Every solar farm shall be setback at least 100 feet from the high water mark of any lake and the stream banks of any navigable stream. | 100 ft |
Setback from stream banks of any navigable streamC. Every solar farm shall be setback at least 100 feet from the high water mark of any lake and the stream banks of any navigable stream. | 100 ft |
Fence heightA. All solar farms shall be fenced around the exterior with a chain link fence that shall be at least 6 feet in height and shall have at least three strands of barbed wire run above the six feet. | 6 ft |
Source: Burke County ordinance (PDF), read October 7, 2026. Check the cited section with the county before relying on a figure.
Wind rules
6 figures read from the county's ordinance, each with the sentence it comes from.
| Rule and what the ordinance says | Requirement |
|---|---|
Property line setbackboundary between host property and non-participating landowner propertyiii. Each wind turbine must be set back at least 1.2 times the turbine height from the boundary between the host property and any non-participating landowner property that adjoins the host property. | 1.2 × height |
Setback from homesi. Each wind turbine must be set back at least 2 miles from any occupied structure. | 2 miles |
Road setbackpublic road or bridgeii. Each wind turbine must be set back at least 1.2 times the turbine height from any: public road or bridge; rail line; above ground electrical or communication line. | 1.2 × height |
Setback from rail lineii. Each wind turbine must be set back at least 1.2 times the turbine height from any: public road or bridge; rail line; above ground electrical or communication line. | 1.2 × height |
Setback from above ground electrical or communication lineii. Each wind turbine must be set back at least 1.2 times the turbine height from any: public road or bridge; rail line; above ground electrical or communication line. | 1.2 × height |
Setback from antenna, tower, unoccupied structure, or improvementTurbines must be set back at least 1.2 times the turbine height from each antenna, tower, unoccupied structure, or improvement. | 1.2 × height |
Source: Burke County ordinance (PDF), read October 7, 2026. Check the cited section with the county before relying on a figure.
Battery storage rules
4 figures read from the county's ordinance, each with the sentence it comes from.
| Rule and what the ordinance says | Requirement |
|---|---|
Property line setbackNon-Participating Propertyiii. The BESS containers shall be set back a minimum of 100 feet from the property line of a Non-Participating Property. | 100 ft |
Road setbackii. The BESS containers shall be set back a minimum of 100 feet from the nearest edge of a public road right-of-way. | 100 ft |
Fence heightPerimeter fencing shall be installed with a perimeter fence of at least 7 feet in height, consistent with requirements established in NFPA 70. | 7 ft |
Noise limitwithin 100 feeti. A BESS shall not emit sound exceeding 45 dBA Ldn (24-hour) within 100 feet of an Occupied Structure. | 45 dBA |
Source: Burke County ordinance (PDF), read October 7, 2026. Check the cited section with the county before relying on a figure.
North Dakota state law
State law can cap or override county rules. All North Dakota rules and counties.
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
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
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.
How these figures were read
We found Burke County's own ordinance and had two AI models read it separately. A figure is shown only when both read the same number and the sentence it comes from was found in the document. Moratoria and bans are checked against the adopting document. Ordinances change and many figures apply only in some cases, so check the cited section with the county before relying on one.
Common questions
What are the solar setbacks in Burke County, ND?
The county's ordinance sets solar facilities back 100 ft from property lines, 165 ft (township road) from roads, 200 ft (county road) from roads and 250 ft (state or federal highway) from roads. Check the cited section with the county before relying on a figure.
What are the wind turbine setbacks in Burke County, ND?
The county's ordinance sets wind turbines back 2 miles from homes, 1.2 × height (public road or bridge) from roads and 1.2 × height (boundary between host property and non-participating landowner property) from property lines. Check the cited section with the county before relying on a figure.
What are the battery storage setbacks in Burke County, ND?
The county's ordinance sets battery storage back 100 ft from roads and 100 ft (Non-Participating Property) from property lines. Check the cited section with the county before relying on a figure.