Counties Assert Local Routing Authority of hazardous liquid pipelines with Statutory authority granted under IA 479B.16
FSF BANNER!
1/27/2024
Counties Assert Local Routing Authority of hazardous liquid pipelines
with Statutory authority granted under IA 479B.16
479B.16 Eminent domain.
- This chapter does not authorize the construction of a pipeline longitudinally on, over, or under any railroad right-of-way or public highway, or at other than an approximate right angle to a railroad track or public highway without the consent of the railroad company, the state department of transportation, or the county board of supervisors, and this chapter does not authorize or give the right of condemnation or eminent domain for such purposes.
Under Bremer County Ordinance 24-09 (adopted 9/03/2024) Section ‘F’ (iii): “Grounds for denying an application for an initial Right-of-Way Occupancy and Use Permit or an application to renew an existing Right-of-Way Occupancy and Use Permit” Item (13)(a) defines requirements for setbacks from various private and public infrastructure. The proposed pipeline route SCS is seeking IUC permitting on is inconsistent with these setback requirements. Compliance with these setbacks will materially change the route as presented to the IUC in the HLP-2024-0001 docket, potentially necessitating route changes involving new land parcels and informational meetings. SCS appears to be glossing over and ignoring these requirements and the implication the requirements have on their proposed route as shown in the highlighted text below from their request for scheduling conference motion filed on 1/13/2025 in this docket. (see below)
Taken from SCS IUC filing “Request for Scheduling Conference” filed 1/13/25
Docket: HLP: 2024-0001 Filing: 5186590
Table 4 lists federal and state permits that may be required. While consultations are under way, these permits have not been obtained at this time. Applications for many of these permits will occur closer to the start of construction when the route and construction details are finalized. The Applicant will also work with local county officials to verify if any additional permits or approvals are needed for local issues such as crossing county facilities, road uses, and floodplains. The Applicant recognizes that Bremer and Butler counties have adopted ordinances that specifically address the siting of a hazardous liquid pipeline route or related survey work and will rely on the IUC to determine the location and route of the hazardous liquid pipeline as it deems just and proper as directed by state Iowa Code § 479B.9
Bremer County has identified no less than (12) locations out of (30) ROW crossings that are not in compliance with the requirements of Ordinance 24-09. SCS was provided notice of the requirements of Ordinance 24-09 in October 2024 and has not corresponded with Bremer County to acknowledge or remedy the proposed route compliance violations.
Counties seeking to protect ROW infrastructure integrity and to allow for future development and maintenance under the statutory authorities granted within Iowa Code should review the provisions of County ROW crossing ordinances such as Bremer County Ordinance 24-09.
Link to IUC Submitted Objection/Files/Exhibits/Attachments etc: Obtained from Docket: https://efs.iowa.gov/search/documents?searchRun=Document&docketNumber=HLP-2024-0001
HLP-2024-0001 Notice of Road Crossing Restrictions
Exhibit A – Bremer County Ordinance No. 24-09
Exhibit B – Notice of Compliance-Ordinance No. 24-09
Exhibit C – Map of Non-Compliant Road Crossings in Bremer County
Links for Downloading The Above Words:
IA code 479b16 authorities notice draft Word Format