§17-820.4. Required agreement terms.
529 words·~2 min read·
/ok/title-17-corporation-commission/17-820-4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. A solar power facility agreement shall provide that the grantee is responsible for removing the grantee's solar power facilities from the landowner's property and that the grantee shall, in accordance with any other applicable laws or regulations, safely:
1. Clear, clean, and remove from the property each solar energy device, transformer, and substation;
2. For each foundation of a solar energy device, transformer, or substation installed in the ground:
a. clear, clean, and remove the foundation from the
ground to a depth of at least three
(3)feet below the
surface grade of the land in which the foundation is
installed, and
b. ensure that each hole or cavity created in the ground
by the removal is filled with soil of the same type or
a similar type as the predominant soil found on the
property;
3. For each buried cable, including power, fiber-optic, and communications cables, installed in the ground:
a.
clear, clean, and remove the cable from the ground to
a depth of at least three
(3)feet below the surface
grade of the land in which the cable is installed, and
b. ensure that each hole or cavity created in the ground
by the removal is filled with soil of the same type or
a similar type as the predominant soil found on the
property; and
4. Clear, clean, and remove from the property each overhead power or communications line installed by the grantee on the property at the request of the landowner.
B. The agreement shall provide that, at the request of the landowner, the grantee shall:
1. Clear, clean, and remove each road constructed by the grantee on the property; and
2. Ensure that each hole or cavity created in the ground by the removal is filled with soil of the same type or a similar type as the predominant soil found on the property.
C. The agreement shall provide that, at the request of the landowner, if reasonable, the grantee shall:
1. Remove from the property all rocks over twelve
(12)inches in diameter excavated during the decommissioning or removal process;
2. Return the property to a tillable state using scarification, V-rip, or disc methods, as appropriate; and
3. Ensure that:
a. each hole or cavity created in the ground by the
removal is filled with soil of the same type or a
similar type as the predominant soil found on the
property, and
b. the surface is returned as near as reasonably possible
to the same condition as before the grantee dug holes
or cavities, including by reseeding pastureland with
native grasses prescribed by an appropriate
governmental agency, if any. Noninvasive grasses
shall be allowed when reseeding native grasses is not
economically feasible.
D. The landowner shall make a request under subsection B or C of this section not later than the one hundred eightieth day after the later of:
1. The date on which the solar power facility is no longer capable of generating electricity in commercial quantities; or
2. The date the landowner receives written notice of intent to decommission the solar power facility from the grantee. Added by Laws 2025, c. 25, § 5, eff. Nov. 1, 2025.