Worth County supervisors advance pipeline ordinance amid legal challenges, waive remaining readings

The Worth County Board of Supervisors approved the first reading of a county pipeline ordinance and then voted to waive the second and third readings, making the ordinance effective once published. The board debated legal risks and said similar county ordinances are being litigated in state and federal courts.

Supervisors said the county ordinance sets setbacks and other requirements for pipelines but noted multiple pending lawsuits in other counties could render local rules unenforceable. One supervisor said the county’s earlier attempt to regulate other large agricultural operations was struck down by higher courts, and legal staff told the board related questions are now largely resolved at state or federal levels.

“It's very similar to what we did back in the late nineties, early 2000s… the Supreme Court shut us down in a hurry and said you're preempted,” a supervisor said, describing past litigation and warning the county may face the same issue with pipelines. County legal staff told supervisors there are active appeals in other counties and a federal appellate case that could affect enforcement.

Board members discussed distances that ordinances in other counties have set — ranging from several hundred feet to a half mile or more — and noted the contested distance in the ongoing litigation centers on setback length. One speaker said the pipeline company Summit has requested a 300-foot setback; other counties have adopted larger setbacks that are currently being appealed in court.

Supervisors voted in favor of advancing the ordinance on a roll call and later voted to waive the remaining readings so the ordinance would take effect upon publication. Board members acknowledged the ordinance might not be enforceable while the other lawsuits progress and said survey and construction activity by pipeline companies could proceed during appeals.

Board members also discussed a pending state-level House file related to eminent domain; one supervisor said that legislation could affect whether surveyors must provide notice before entering property. Legal staff cautioned the board that the judicial outcomes in Story and Shelby counties are likely to shape enforcement across other counties.

The board did not amend setback distances during the meeting and agreed to monitor developments in the courts and at the state level before making further changes.