Below is a sampling of ordinances, codes, and other guidance passed in recent years by local and state governments because of concerns regarding people and pipelines in close proximity. Specific information on road franchise agreements can be found here. General information on what local governments can do while avoiding preemption issues can be found through the ‘Local Government Info’ link above.
Ordinances and Codes by State
Department of Education – Guidance Protocol for School Site Pipeline Risk
Santa Barbara County Land Use and Development Code, Article 35.5 contains permit requirements and development standards pipeline operators must follow for new or replacement oil and gas pipelines (excluding gas distribution lines).
Colorado: Adams County, Colorado – Pipelines as conditional use in most circumstances. To see land use cases involving pipelines, go to the planning department, and search for “pipeline.” The full council packet for the Bronco Pipeline (10 MB) contains useful information, including the development agreement (ppgs 16-24 of the pdf) that was approved.
Illinois: Champaign County Ordinance No. 841 (155 KB) – Amendments to the County Zoning Ordinance re Pipeline Impact Radius, passed 11/08
O’Fallon Municipal Code – Title IV – Land and Use – Zoning Code. Article VI. Supplementary District Regulations June 2007, Section 400.250 – Pipeline Setbacks
Area Plan Application – Planned Developments ( 231 KB) – Requires identification of pipeline easements (see pg. 5)
St. Peters, Missouri setbacks Ordinance No. 4237
Chester County – Pipeline Information Center resources (including model ordinances developed by John Gaadt)
Willistown Township – New Development Adjacent to Transmission Pipelines (Ordinance #7 2015), and Regulation of Surface Land Uses Affiliated with Transmission Pipelines (Ordinance #8 2015)
Wyoming County – 2011 Pipeline Ordinance – Includes consultation zone and setback
Austin, Texas Municipal Code Section 25-2-516 – Land Use Development – Development Near a Hazardous Pipeline
Austin, Texas Municipal Code Section 25-4-134 – Subdivision – Platting Requirements – Hazardous Pipelines
Whatcom County – Pipeline Safety Ordinance, passed July 2010 – No high-occupancy, hard to evacuate buidlings (schools, hospitals, nursing homes, etc) within 500 feet of transmission pipelines, Consultation Zone of 500 feet, protect easements during construction, verify use of one call. To view the initially proposed ordinance to see how it changed, click here.
City of Kirkland – Hazardous Liquid Pipeline Zoning Code, passed August 2012 – No high-occupancy, hard to evacuate buildings (schools, hospitals, nursing homes, etc) within 500 feet of hazardous liquid pipelines, no development activity, landfilling, excavation or construction within 25 feet of pipeline cooridor (with exemptions), creates consultation zone between developer and pipeline company for activity within 150 feet.
Benton County Ordinance No. 474 ( 1.23 MB), passed July 2010 – Subdivision amendments which include provisions requiring consultation with contact owner/operator of a hazardous pipeline for properties within 150 feet of a hazardous product transmission pipeline.
La Center Ordinance No. 2009-013 – Sensitive Utility Corridor Overlay District, passed 11-09
Washington Administrative Code 480-93-020 – Pipeline Proximity Considerations
West Virginia: Eminent domain law in W.VA. (W.VA. Code Section 54-1-5) contains a requirement for a 100′ setback from occupied dwellings for pipelines not located within the bounds of municipalities, unless the property owner consents to something else.