75-26-402. (Effective January 1, 2026) Required setback for wind turbine generators. After January 1, 2026, a wind turbine generator built pursuant to a wind energy agreement as described in 70-17-406 may not be constructed if the wind turbine tower is 500 feet or more in height, as measured from the natural ground level at the base of the tower to the tip of the turbine rotor blade, if the base of the tower is located at a distance of less than 1,500 feet from an occupied residence, unless a shorter setback distance is approved by the owner of the real property.