§ 49-22-07 — Certificate of site compatibility or route permit required

1. A utility may not begin construction of an electric energy conversion facility or an
electric transmission facility in the state without first having obtained a certificate of site

compatibility or a route permit from the commission pursuant to this chapter. The
facility must be constructed, operated, and maintained in conformity with the certificate
or permit and any terms, conditions, or modifications of the certificate or permit. A
certificate or permit may be transferred, subject to the approval of the commission, to
any person who agrees to comply with its terms, conditions, and modifications.
2. If a power emergency exists which necessitates the relocation of a portion of an
electric transmission line and associated facilities from the designated route, the owner
of the line shall give telephonic notice to the commission in advance of the relocation.
The line may then be relocated to restore power as soon as practicable. After the line
has been relocated, the owner shall file with the commission a request to approve the
relocated route.
3. A wind energy conversion facility that has not been issued a certificate of site
compatibility and exceeds five megawatts of electricity may not repower the wind
energy conversion facility without first having obtained a certificate of site compatibility.
A variance may be granted for impacts to exclusion and avoidance areas resulting
from the repowering of existing infrastructure upon a showing of good cause. A
requested variance must comply with local land use, zoning, building rules,
regulations, and ordinances.