2006 Minnesota Statutes

216G.02 ROUTING OF CERTAIN PIPELINES.
    Subdivision 1. Definition. For purposes of this section and notwithstanding section 216G.01,
subdivision 3 , "pipeline" means:
(1) pipe with a nominal diameter of six inches or more that is designed to transport hazardous
liquids, but does not include pipe designed to transport a hazardous liquid by gravity, and pipe
designed to transport or store a hazardous liquid within a refining, storage, or manufacturing
facility; or
(2) pipe designed to be operated at a pressure of more than 275 pounds per square inch
and to carry gas.
    Subd. 2. Prohibition. A person may not construct a pipeline without a pipeline routing
permit issued by the Public Utilities Commission unless the pipeline is exempted from the
commission's routing authority under this section or rules adopted under this section. A pipeline
requiring a permit may only be constructed on a route designated by the commission.
    Subd. 3. Rules. (a) The Public Utilities Commission shall adopt rules governing the routing
of pipelines. The rules apply only to the route of pipelines and may not set safety standards for the
construction of pipelines.
(b) The rules must:
(1) require that a person proposing construction of a pipeline submit to the commission one
preferred route for the pipeline and evidence of consideration of alternatives;
(2) provide for notice of proposed pipeline routes to local units of government and to owners
and lessees of property along the routes being considered;
(3) provide for public hearings on proposed pipeline routes, which may follow the
commission's procedures for public hearings on proposed power line routes and electrical
generating plant sites;
(4) provide criteria that the commission will use in determining pipeline routes, which
must include the existence of populated areas, consideration of local government land use laws
including ordinances adopted under section 299J.05, and the impact of the proposed pipeline
on the natural environment;
(5) provide a procedure that the commission will follow in issuing pipeline routing permits
and require the commission to issue the permits within nine months after the permit application is
received by the commission, unless the commission extends this deadline for cause;
(6) provide for the payment of fees by persons proposing to construct pipelines to cover the
costs of the commission in implementing this section;
(7) allow the commission to provide exemptions from all or part of the pipeline routing
permit application process in emergencies or if the commission determines that the proposed
pipeline will not have a significant impact on humans or the environment;
(8) require exemption determinations to be made within 90 days after an application; and
(9) require that a person who has constructed a pipeline, to the extent possible, restore the
area affected by the pipeline to the natural conditions that existed immediately before construction
of the pipeline, provided that this restoration is compatible with the safe operation, maintenance,
and inspection of the pipeline.
(c) The rules do not apply to temporary use of a route for purposes other than installation of a
pipeline, to securing survey or geological data, to repair or replacement of an existing pipeline
within the existing right-of-way, or to minor relocation of less than three-quarters of a mile of an
existing pipeline. The rules do not apply to construction of new pipeline in a right-of-way in which
pipeline has been constructed before July 1, 1988, or in a right-of-way that has been approved
by the commission after July 1, 1988, except when the commission determines that there is a
significant chance of an adverse effect on the environment or that there has been a significant
change in land use or population density in or near the right-of-way since the first construction of
pipeline in the right-of-way, or since the commission first approved the right-of-way.
    Subd. 4. Primary responsibility and regulation of route designation. The issuance
of a pipeline routing permit under this section and subsequent purchase and use of the route
locations is the only site approval required to be obtained by the person owning or constructing
the pipeline. The pipeline routing permit supersedes and preempts all zoning, building, or land
use rules, regulations, or ordinances promulgated by regional, county, local, and special purpose
governments.
History: 1987 c 353 s 1; 1988 c 624 s 1; 2005 c 97 art 3 s 19