The Linn County Board of Supervisors unanimously approved an ordinance that sets standards for hazardous liquid pipelines in Linn County. The approval came after the third and final reading of the pipeline ordinance on Wednesday, December 18.
While counties in Iowa cannot regulate hazardous liquid pipelines because regulations are set by the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA) and the Iowa Utilities Commission, Iowa code does allow counties to set additional standards to help protect landowners, tenants, businesses, and others from economic damage that may result from the construction, operation, or maintenance of hazardous liquid pipelines as long as the additional standards are not inconsistent with state statutes.
The intent of Linn County’s ordinance is to establish a reasonable set of standards that balance existing and new economic growth that align with Linn County’s strategic plan and comprehensive plan.
The Board’s action this week sets these additional standards by adding a new article to Linn County’s Chapter 14 Code of Ordinances. The Board of Supervisors took this action to balance the benefits of economic development and growth with the desire to protect the economic interests and property values of Linn County residents and businesses.
The ordinance has four main components:
- Minimum distance (separation) requirements from homes, places of assembly, and future growth areas (minimum distance requirements set by federal regulations are listed in Linn County’s ordinance)
- Road Use Agreement
- Agricultural Impact Mitigation Plan
- Pipeline Planning Consultation Area document
The purpose of the Pipeline Planning Consultation Area is to improve communication between property developers/owners and pipeline operators. Consultation areas are a recommended practice of PIPA (Pipelines and Informed Planning Alliance).
Linn County’s ordinance requires hazardous liquid pipeline applicants to apply for a permit from Linn County that demonstrates compliance with all four components. The applicant must receive an approved permit prior to beginning construction.
Federal regulations set the minimum distance from hazardous liquid pipelines to homes and places of public assembly. The new Linn County regulations set the minimum distance from carbon dioxide in a dense/supercritical phase to homes and places of public assembly. The minimum distance regulations are:
| Hazardous Liquid Pipeline Type and Use | Minimum Distance | ||
| Liquid | |||
|
Places of Public Assembly |
As established in federal regulations (49 CFR §195), no pipeline may be located within 50 feet (15 meters) of any private dwelling, industrial building, or place of public assembly in which people work, congregate, or assemble, unless it is provided with at least 12 inches (305 millimeters) of cover in addition to that prescribed in 49 CFR § 195.248. | ||
|
Dwellings |
As established in federal regulations (49 CFR §195), no pipeline may be located within 50 feet (15 meters) of any private dwelling, industrial building, or place of public assembly in which people work, congregate, or assemble, unless it is provided with at least 12 inches (305 millimeters) of cover in addition to that prescribed in 49 CFR § 195.248. | ||
| Carbon Dioxide, Dense or Supercritical Phase | |||
|
Places of Public Assembly |
660 feet
|
||
|
Dwellings
|
660 feet |
Linn County’s ordinance also includes provisions to mitigate damage to public infrastructure such as roads, bridges, and drainage systems.
“We are working to respond to the needs of our residents with this ordinance. The people of Linn County are our priority,” Linn County Board of Supervisors chair Kirsten Running-Marquardt said.
The ordinance is effective upon publication in the Gazette, which is expected to happen within the next week.
To read the entire ordinance, visit Linn County’s website LinnCountyIowa.gov.