Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Pipeline Ordinance topic
No spam. Unsubscribe anytime.
Emmet County Board repeals 2023 pipeline zoning ordinance after federal rulings
Summary
The Emmet County Board unanimously adopted Ordinance 2026-02 on May 12, 2026, repealing Ordinance 2023-01 — a local zoning amendment regulating hazardous liquid pipelines — citing federal court rulings that found similar county ordinances preempted.
Emmet County supervisors voted unanimously May 12 to repeal Ordinance 2023-01, the county's 2023 zoning amendment that regulated the transport of hazardous liquid through pipelines, citing federal court decisions that found similar local measures preempted.
The repeal, enacted as Ordinance 2026-02, was adopted on first reading with the second and third readings waived after a public hearing at which no members of the public filed comments. Supervisor Jeff Quastad told the board that a higher court decision left local governments with little choice but to repeal the earlier ordinance.
The ordinance text adopted by the board cites the federal litigation involving Shelby and Story counties and a published opinion in Couser, et al. v. Shelby County (referenced in the meeting record) as the basis for finding Emmet County's 2023 amendments likely preempted by federal law. The adopted ordinance states Emmet County enacted the repeal —in the interests of good governance— after appellate review upheld findings of federal preemption.
Motion to adopt Ordinance 2026-02 was made by Supervisor Jeff Quastad and seconded by Supervisor Todd Glasnapp. The roll-call vote recorded Tim Schumacher, Todd Glasnapp, John Pluth, Jeff Quastad and Lisa Hansen voting —aye.—
The ordinance directs that Ordinance 2023-01 be repealed in its entirety and contains standard severability and effective-date provisions: the repeal takes effect following final passage, approval and publication as provided by law. The board did not receive public comments at the hearing and did not amend the repeal language during the meeting.
What happens next: the repeal removes the county-level restrictions enacted in 2023; the county record references the federal appeals decisions but does not specify any immediate local permitting changes beyond the repeal. The meeting record does not list subsequent implementation steps or a staff timeline for any follow-up action.
