Nebraska law universally authorizes solar easements and requires cities and counties to provide a variance process for zoning or subdivision rules that unduly restrict solar energy systems. No statewide HOA preemption exists, however.
Neb. Rev. Stat. sections 66-901 through 66-914 authorize property owners to create written solar easements that run with the land and bind future owners. Section 66-914 directs counties and municipalities with zoning or subdivision jurisdiction to grant variances or exceptions when zoning or subdivision regulations would prevent or unduly restrict solar or wind energy systems, provided granting relief does not substantially harm the public good. Nebraska has not enacted a statewide statute overriding private HOA covenants restricting solar panels, so HOA covenants remain enforceable unless a recorded solar easement or variance applies.
No direct penalty; enforcement occurs through civil litigation to enforce easements or zoning appeals from variance denials.
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