Minnesota Statutes 216E.10 – Application to Local Regulation and Other State Permits
Subdivision 1.Site or route permit prevails over local provisions.
To assure the paramount and controlling effect of the provisions herein over other state agencies, regional, county, and local governments, and special purpose government districts, the issuance of a site permit or route permit and subsequent purchase and use of such site or route locations for large electric power facility purposes shall be the sole site or route approval required to be obtained by the utility. Such permit shall supersede and preempt all zoning, building, or land use rules, regulations, or ordinances promulgated by regional, county, local and special purpose government.
Subd. 2.Other state permits.
Terms Used In Minnesota Statutes 216E.10
- Commission: means the Public Utilities Commission. See Minnesota Statutes 216E.01
- Construction: means any clearing of land, excavation, or other action that would adversely affect the natural environment of the site or route but does not include changes needed for temporary use of sites or routes for nonutility purposes, or uses in securing survey or geological data, including necessary borings to ascertain foundation conditions. See Minnesota Statutes 216E.01
- Large electric power facilities: means high voltage transmission lines, large electric power generating plants, and energy storage systems. See Minnesota Statutes 216E.01
- Route: means the location of a high voltage transmission line between two end points. See Minnesota Statutes 216E.01
- Site: means the location of a large electric power generating plant. See Minnesota Statutes 216E.01
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
- Utility: shall mean any entity engaged or intending to engage in this state in the generation, transmission, or distribution of electric energy including, but not limited to, a private investor-owned utility, cooperatively owned utility, and a public or municipally owned utility. See Minnesota Statutes 216E.01
Terms Used In Minnesota Statutes 216E.10
- Commission: means the Public Utilities Commission. See Minnesota Statutes 216E.01
- Construction: means any clearing of land, excavation, or other action that would adversely affect the natural environment of the site or route but does not include changes needed for temporary use of sites or routes for nonutility purposes, or uses in securing survey or geological data, including necessary borings to ascertain foundation conditions. See Minnesota Statutes 216E.01
- Large electric power facilities: means high voltage transmission lines, large electric power generating plants, and energy storage systems. See Minnesota Statutes 216E.01
- Route: means the location of a high voltage transmission line between two end points. See Minnesota Statutes 216E.01
- Site: means the location of a large electric power generating plant. See Minnesota Statutes 216E.01
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
- Utility: shall mean any entity engaged or intending to engage in this state in the generation, transmission, or distribution of electric energy including, but not limited to, a private investor-owned utility, cooperatively owned utility, and a public or municipally owned utility. See Minnesota Statutes 216E.01
Notwithstanding anything herein to the contrary, utilities shall obtain state permits that may be required to construct and operate large electric power facilities. A state agency in processing a utility’s facility permit application shall be bound to the decisions of the commission, with respect to the site or route designation, and with respect to other matters for which authority has been granted to the commission by this chapter.
Subd. 3.State agency participation.
(a) State agencies authorized to issue permits required for construction or operation of large electric power facilities shall participate during routing and siting at public hearings and all other activities of the commission on specific site or route designations and design considerations of the commission, and shall clearly state whether the site or route being considered for designation or permit and other design matters under consideration for approval will be in compliance with state agency standards, rules, or policies.
(b) An applicant for a permit under this section or under chapter 216G shall notify the commissioner of agriculture if the proposed project will impact cultivated agricultural land, as that term is defined in section 216G.01, subdivision 4. The commissioner may participate and advise the commission as to whether to grant a permit for the project and the best options for mitigating adverse impacts to agricultural lands if the permit is granted. The Department of Agriculture shall be the lead agency on the development of any agricultural mitigation plan required for the project.