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Story County moves to rescind unenforceable pipeline ordinance provisions and sets second consideration

Story County Board of Supervisors · March 3, 2026
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Summary

Planning staff told supervisors a permanent injunction prevents enforcement of parts of ordinance 3-11; the board introduced TA26-000001 (ordinance 3-29) to rescind the unenforceable provisions and set second consideration for March 10, 2026 after a unanimous first vote.

Story County planning staff on March 3 asked the Board of Supervisors to adopt a text amendment (TA26-000001 / ordinance 3-29) to remove portions of an earlier pipeline ordinance (3-11) that are unenforceable under a court-imposed permanent injunction.

Leanne Harter, director of planning and development, explained the amendment restores prior definitions, removes the "hazardous liquid" terminology and deletes supplemental pipeline standards that staff and counsel say the county cannot enforce. Staff noted the Planning & Zoning Commission recommended approval by a 4-0 vote and that required public notices were posted; no written public comments had been received before the board meeting.

Following brief discussion, the board voted on first consideration and set second consideration for March 10, 2026. No final adoption occurred March 3; Harter said staff will return with the final ordinance language consistent with legal guidance.