2005 Minnesota Statutes

     116C.61 Local regulation; state permits; state agency 
  participation. 

    Subdivision 1.    Regional, county and local ordinances, 
 rules, regulations; primary responsibility and regulation of 
 site designation, improvement and use.  To assure the 
 paramount and controlling effect of the provisions herein over 
 other state agencies, regional, county, and local governments, 
 and special purpose government districts, the issuance of a site 
 permit or route permit and subsequent purchase and use of such 
 site or route locations for large electric power generating 
 plant and high voltage transmission line purposes shall be the 
 sole site or route approval required to be obtained by the 
 utility.  Such permit shall supersede and preempt all zoning, 
 building, or land use rules, regulations, or ordinances 
 promulgated by regional, county, local and special purpose 
 government. 

    Subd. 2.    Facility licensing.  Notwithstanding 
 anything herein to the contrary, utilities shall obtain state 
 permits that may be required to construct and operate large 
 electric power generating plants and high voltage transmission 
 lines.  A state agency in processing a utility's facility permit 
 application shall be bound to the decisions of the board, with 
 respect to the site or route designation, and with respect to 
 other matters for which authority has been granted to the board 
 by sections 116C.51 to 116C.69. 

    Subd. 3.    State agency participation.  (a) State 
 agencies authorized to issue permits required for construction 
 or operation of large electric power generating plants or 
 high-voltage transmission lines shall participate during routing 
 and siting at public hearings and all other activities of the 
 board on specific site or route designations and design 
 considerations of the board, and shall clearly state whether the 
 site or route being considered for designation or permit and 
 other design matters under consideration for approval will be in 
 compliance with state agency standards, rules, or policies. 

    (b) An applicant for a permit under this section or under 
 chapter 116I shall notify the commissioner of agriculture if the 
 proposed project will impact cultivated agricultural land, as 
 that term is defined in section 116I.01, subdivision 4.  The 
 commissioner may participate and advise the commission as to 
 whether to grant a permit for the project and the best options 
 for mitigating adverse impacts to agricultural lands if the 
 permit is granted.  The Department of Agriculture shall be the 
 lead agency on the development of any agricultural mitigation 
 plan required for the project. 

    HIST: 1973 c 591 s 11; 1975 c 271 s 6; 1977 c 439 s 14,15; 
 1985 c 248 s 70; 2001 c 212 art 7 s 21,22; 2005 c 97 art 3 s 10