- Ordinances
- North Dakota
- McKenzie County
McKenzie County, North Dakota solar, wind and battery storage ordinance
Solar: 500 ft (Property Lines (Non - Participating)) from property lines, 1,000 ft (Occupied Buildings (Non - Participating)) from homes, 250 ft (Federal, State, and County Roads) from roads. Wind: 1.1 × height (Property Lines (Non - Participating)) from property lines, 1 mile (Occupied Buildings (Non - Participating)) from homes, 2 × height (Federal, State, and County Roads and Section Lines) from roads. Every figure is quoted from the county's ordinance, read September 29, 2026.
Updated September 2026
Solar 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 setbackProperty Lines (Non - Participating)Property Lines (Non - Participating) 500 feet | 500 ft |
Setback from homesOccupied Buildings (Non - Participating)Occupied Buildings (Non - Participating) 1,000 feet | 1,000 ft |
Road setbackFederal, State, and County RoadsFederal, State, and County Roads 250 feet | 250 ft |
Road setbackTownship RoadsTownship Roads 150 feet | 150 ft |
Setback from section lineSection Lines 133 feet | 133 ft |
Setback from homes, participating ownerOccupied Buildings (Participating)Occupied Buildings (Participating) 50 feet | 50 ft |
Maximum heightground-mountedA ground-mounted Solar Energy System shall not extend more than 20 feet above grade when solar arrays are oriented at maximum tilt. | 20 ft |
Fence heightA minimum 6-foot security fence shall enclose all electrical and mechanical components of the Solar Energy System. | 6 ft |
Source: McKenzie County ordinance (PDF), read September 29, 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 setbackProperty Lines (Non - Participating)Property Lines (Non - Participating) 1.1 x tower height | 1.1 × height |
Setback from homesOccupied Buildings (Non - Participating)Occupied Buildings (Non - Participating) 1 mile | 1 mile |
Road setbackFederal, State, and County Roads and Section LinesFederal, State, and County Roads and Section Lines 2.0 x tower height | 2 × height |
Setback from transmission line150 kv or higherTransmission Line (150 kv or higher) 1.1 x tower height | 1.1 × height |
Setback from airport runwayAirport Runway (Public-Use Airport or other Airport) 1 mile | 1 mile |
Setback from homes, participating ownerOccupied Buildings (Participating)Occupied Buildings (Participating) 1.1 x tower height | 1.1 × height |
Source: McKenzie County ordinance (PDF), read September 29, 2026. Check the cited section with the county before relying on a figure.
Battery storage rules
3 figures read from the county's ordinance, each with the sentence it comes from.
| Rule and what the ordinance says | Requirement |
|---|---|
Setback from sensitive propertiesMajor BESSMajor BESS shall be set back at least one (1) mile from all single-family and multi-family dwellings, schools, churches, synagogues, and other similar religious institution or structures, and public parks | 1 mile |
Setback from wellheadnon-community water systemsAll structures shall be set back a minimum of 1,200 feet from the wellhead for non-community water systems | 1,200 ft |
Maximum heightMajor BESSThe height of such systems shall not exceed twelve (12) feet from the ground. | 12 ft |
Source: McKenzie County ordinance (PDF), read September 29, 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 McKenzie 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 McKenzie County, ND?
The county's ordinance sets solar facilities back 1,000 ft (Occupied Buildings (Non - Participating)) from homes, 500 ft (Property Lines (Non - Participating)) from property lines, 250 ft (Federal, State, and County Roads) from roads and 150 ft (Township Roads) from roads. Check the cited section with the county before relying on a figure.
How tall can a solar farm be in McKenzie County, ND?
The ordinance sets a maximum height of 20 ft (ground-mounted). Check the cited section with the county before relying on a figure.
What are the wind turbine setbacks in McKenzie County, ND?
The county's ordinance sets wind turbines back 1 mile (Occupied Buildings (Non - Participating)) from homes, 1.1 × height (Property Lines (Non - Participating)) from property lines and 2 × height (Federal, State, and County Roads and Section Lines) from roads. Check the cited section with the county before relying on a figure.
