43-13-23. Small wind energy system set back requirement–Exception.
Each wind turbine tower of a small wind energy system shall be set back at least 1.1 times the height of the tower from any surrounding property line. However, if the owner of the wind turbine tower has a written agreement with an adjacent land owner allowing the placement of the tower closer to the property line, the tower may be placed closer to the property line shared with that adjacent land owner.
Source: SL 2009, ch 221, §3.