2007 Minnesota Statutes

216E.10 APPLICATION TO LOCAL REGULATION AND OTHER STATE PERMITS.
    Subdivision 1. Site or route permit prevails over local provisions. 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. Other state permits. 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 commission, with respect to the
site or route designation, and with respect to other matters for which authority has been granted
to the commission by this chapter.
    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 commission on specific site or route designations and design considerations of the
commission, 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 216G shall notify the
commissioner of agriculture if the proposed project will impact cultivated agricultural land, as that
term is defined in section 216G.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.
History: 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 10,19