§ 49-29-170 — Access on, over, or under designated rivers by sellers of electric energy, natural gas, or communication services; certificate of consistency.

Sellers of electric energy, natural gas, or communication services may cross on, over, or under lands designated as part of the Scenic River System provided that the department certifies that such crossing is consistent with the management plan for those lands. A certificate of consistency shall be issued by the department upon a finding: (1) that the crossing is necessary to provide electric, natural gas, or communication service; and either (a) that the crossing is consistent with the management plan; or (b) that the extent of deviation from the management plan for the construction, operation, and maintenance of the facility across the scenic river is justified, considering the state of available technology and the nature and economics of the various alternatives, and that the entity responsible for the encroachment will make reasonable mitigation for the impacts caused by the construction, operation, and maintenance of the facility. The department shall issue a certification of consistency or nonconsistency within thirty days from the receipt of an application. A time extension may be granted upon a mutual agreement of both parties. Certification does not preclude the necessity to obtain other required state and federal authorizations. All administrative proceedings are subject to Article I, Chapter 23 of Title 1 (the Administrative Procedures Act), as amended.

Legislative History

HISTORY: 1989 Act No. 96, SECTION 1; 1993 Act No. 181, SECTION 1256.