§ 49-22-16 — Effect of issuance of certificate or permit - Local land use, zoning, or building rules, regulations, or ordinances - State agency rules (Retroactive application - See note)

North Dakota § 49-22-16

• Jurisdiction: North Dakota
• Title 49: Public Utilities
• Ch. 49-22: Energy Conversion and Transmission Facility Siting Act

Text

building rules, regulations, or ordinances - State agency rules (Retroactive application -
See note).
1. The issuance of a certificate of site compatibility or a route permit shall, subject to
subsections 2 and 3, be the sole site or route approval required to be obtained by the
utility.
2. a. A certificate of site compatibility for an electric energy conversion facility may not
supersede or preempt any local land use, zoning, or building rules, regulations, or
ordinances and a site may not be designated which violates local land use,
zoning, or building rules, regulations, or ordinances.
b. Except as provided in this section, a permit for the construction of an electric
transmission facility within a designated corridor supersedes and preempts any
local land use or zoning regulations.
c. Before an electric transmission facility is approved, the commission shall require
the applicant to comply with the road use agreements of the impacted political
subdivision. A permit may supersede and preempt the requirements of a political
subdivision if the applicant shows by a preponderance of the evidence the
regulations or ordinances are unreasonably restrictive in view of existing
technology, factors of cost or economics, or needs of consumers regardless of
location, or are in direct conflict with state or federal laws or rules.
d. When an application for a certificate for an electric transmission facility is filed,
the commission shall notify the townships with retained zoning authority, cities,
and counties in which any part of the proposed corridor is located. The
commission may not schedule a public hearing sooner than forty-five days from
the date notification is sent by mail or electronic mail. Upon notification, a political
subdivision shall provide a listing to the commission of all local requirements
identified under this subsection. The listing of requirements must be filed at least
ten days before the hearing or the requirements are superseded and preempted.
e. An applicant must comply with all local requirements provided to the commission
under subdivision d, which are not otherwise superseded by the commission.
3. Utilities subject to this chapter shall obtain state permits that may be required to
construct and operate electric energy conversion facilities and electric transmission
facilities. 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 designation for the
electric energy conversion facility or the corridor or route designation for the electric
transmission facility and with respect to other matters for which authority has been
granted to the commission by this chapter.
4. A site or route may not be designated which violates the rules of a state agency. A
state agency with jurisdiction over any aspect of a proposed facility shall present the
position of the agency at least thirty days before the public hearing on an application
for a certificate, a permit, or a waiver, which position clearly must state whether the
site, corridor, or route being considered for designation will be in compliance with the
agency's rules. For purposes of this chapter it is presumed a proposed facility will be in
compliance with a state agency's rules if the agency fails to present its position on the
proposed site, corridor, or route at least thirty days before the appropriate public
hearing.