Planning commission forwards revised carbon-oxide pipeline ordinance to County Commissioners with multiple amendments

The Lincoln County Planning Commission on Monday voted to forward a single, revised ordinance to the Board of County Commissioners that would regulate carbon-oxide pipelines and associated above-ground infrastructure (pump stations, valves, capture facilities and launch/receiver facilities) within Lincoln County.

Toby Brown, representing the county planning office, summarized the commission's earlier work sessions and the staff draft. The proposed ordinance would treat those facilities as conditional uses in specified zoning districts and add additional use regulations including setbacks, application requirements and technical standards. Among provisions discussed were: a minimum depth of cover for buried lines, a model (PLU/plume) study requirement to evaluate risk and appropriate setbacks, and expanded notification requirements (a larger notice radius for affected landowners than routine conditional-use notices).

Commissioners and staff worked through several focused amendments before recommending the ordinance to the county commission. Commissioner Otten presented three technical wording changes requested at the previous meeting: replace language referencing public-health phrasing with economic-development language in parts of the draft, refine the application/plan-model wording, and change the published per-foot fee from $1 to $5. The planning commission adopted those changes.

The commission added a number of further amendments during the meeting:

- A 2.5% annual escalation for the per-foot fee, to preserve real-dollar value over time. - A provision that the applicant must cover public-notification costs for public hearings related to the project (to ensure the county is not left with large newspaper and notification bills if appeals or additional hearings are required). - A requirement that applicants be responsible for maintaining a minimum depth of cover (the draft set a 7-foot minimum) over the life of the easement or facility. - A technical change in terminology: throughout the ordinance the commission changed “carbon dioxide” to the broader term “carbon oxide” to align with recently passed state language and related federal references. - A clarification that proposed pipeline and above-ground facilities should not be located within a municipality’s planning jurisdiction without that municipality's concurrence (the ordinance references each local municipality’s growth/planning area and allows for municipal waiver where appropriate).

The commission also directed staff to include a mechanism that allows the county to assess fees to cover third-party review costs (for plume modeling or other technical reviews). Staff said they would work with legal counsel to add clarifying language on fee administration and appeals. Legal counsel noted that a federal preemption issue has been raised in the Eighth Circuit concerning regulation of depth-of-cover standards; counsel advised the commission that if a court finds depth-of-cover regulation preempted, that single section could be superseded while the remainder of the ordinance would remain in effect.

Public commenters appeared during the hearing and suggested additional clarifications: commenters urged (1) a maintenance obligation for depth-of-cover, (2) consideration of consistent easement compensation for landowners, (3) expanding the statutory language to mirror state wording (the commission adopted a change to “carbon oxide”), and (4) scaling the fee and adding an inflation/escalator provision (the commission adopted an escalator amendment). Speakers during the public comment period included Jason Van on Top, Steve Hallward, Sarah Stever and Tony Ventura; staff recorded and addressed several of their technical questions.

After debate and amendment, the planning commission voted to forward the ordinance, as amended, to the Board of County Commissioners for consideration. The planning commission's recommendation included the amendments described above; county staff will draft final ordinance text to reflect the commission's direction before it goes to the Board.

Why it matters: The ordinance, if adopted by the Board of County Commissioners, would be the county's main regulatory tool for the siting, setbacks, public notice and technical review of future carbon-oxide pipelines and related above-ground facilities. The fee and cost-recovery provisions are intended to ensure the county does not bear notification and review costs for large linear projects; the setbacks and application requirements are intended to protect future development and municipal growth areas.

What happens next: Staff will produce a final ordinance text reflecting the commission's amendments and forward that recommended ordinance to the Board of County Commissioners for public hearing and first reading. Commissioners discussed timing; staff indicated the Board's public hearing date will follow the county's regular public-hearing schedule.