Divide County, North Dakota solar and wind ordinance
Solar: 100 ft from property lines, 165 ft (township road) from roads. Wind: 5 × rotor diameter from property lines, 3 miles from homes, 1,700 ft (public road or bridge, greater of 1700 feet or 5RD) from roads. Every figure is quoted from the county's ordinance, read September 30, 2026.
Updated September 2026
Solar 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 setbackEvery solar farm shall be setback at least 100 feet from all property lines of the parcel upon which the solar farm is located. | 100 ft |
Road setbacktownship roadEvery 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 roadEvery 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 highwayEvery 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 lakeEvery 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 heightAll solar farms shall be fenced around the exterior with a 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: Divide County ordinance (PDF), read September 30, 2026. Check the cited section with the county before relying on a figure.
Wind rules
8 figures read from the county's ordinance, each with the sentence it comes from.
| Rule and what the ordinance says | Requirement |
|---|---|
Property line setbackEach wind turbine must be set back at least 5RD from the boundary between the host property and any property that adjoins the host property. | 5 × rotor diameter |
Setback from homesEach wind turbine must be setback at least 3 miles from any residence. | 3 miles |
Setback from homesoccupied building, greater of 1700 feet or 5RDEach wind turbine must be set back the greater of 1700 feet or 5RD from any occupied building, public road or bridge, rail line, or above ground electrical or communication line. | 1,700 ft |
Setback from homesoccupied building, greater of 1700 feet or 5RDEach wind turbine must be set back the greater of 1700 feet or 5RD from any occupied building, public road or bridge, rail line, or above ground electrical or communication line. | 5 × rotor diameter |
Road setbackpublic road or bridge, greater of 1700 feet or 5RDEach wind turbine must be set back the greater of 1700 feet or 5RD from any occupied building, public road or bridge, rail line, or above ground electrical or communication line. | 1,700 ft |
Road setbackpublic road or bridge, greater of 1700 feet or 5RDEach wind turbine must be set back the greater of 1700 feet or 5RD from any occupied building, public road or bridge, rail line, or above ground electrical or communication line. | 5 × rotor diameter |
Noise limitThe noise level caused by the operation of the project shall be measured at 5 feet above ground level at the property line coincident with or outside the project boundary and shall not exceed 65 decibels (A-weighted). | 65 dBA |
Noise limitpure tone noiseIf it is determined that a pure tone noise is generated by the project, the noise level shall not exceed 50 decibels (A-weighted). | 50 dBA |
Source: Divide County ordinance (PDF), read September 30, 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
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 Divide 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 Divide 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 Divide County, ND?
The county's ordinance sets wind turbines back 3 miles from homes, 1,700 ft (occupied building, greater of 1700 feet or 5RD) from homes, 5 × rotor diameter (occupied building, greater of 1700 feet or 5RD) from homes, 1,700 ft (public road or bridge, greater of 1700 feet or 5RD) from roads and 5 × rotor diameter (public road or bridge, greater of 1700 feet or 5RD) from roads. Check the cited section with the county before relying on a figure.