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Committee clarifies county limits: SD PUC regulates below-ground CO2 pipelines; county permits apply above ground
Summary
Members heard that building permits apply only to above-ground structures and that the South Dakota Public Utilities Commission regulates below-ground CO2 pipelines, limiting what the county can require for sub-surface pipeline siting.
Committee members asked whether pipeline companies must obtain county permits. Robert Hill replied that a building permit would be required for any above-ground structures, but that permits were not required for below-ground pipelines because the South Dakota Public Utilities Commission (SD PUC) regulates CO2 pipelines used for enhanced oil recovery or geologic sequestration.
Hill and County Commissioner Kelly VanderWal cited rural water permitting as an example where the county permits above-ground facilities but not below-ground infrastructure. The committee discussed that federal and state jurisdiction over pipelines could limit what language a county can lawfully adopt in a siting ordinance.
