2004 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.  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. 

    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