We’re rolling out a new feature in the Rural Matters policy series. While many issues can be covered in the usual 500-word weekly updates, moving forward we will have a monthly “Issue Deep Dive” to provide readers with a detailed overview of a hot topic in ag/rural policy. This is meant to spur conversation, determine educational/outreach opportunities, and help Landus better engage on these topics.
Land use has become a hot topic in recent years, especially with the growing attention and investment in infrastructure projects, such as wind turbines, solar panels, pipelines, transmission lines, and others. While there is general appreciation that infrastructure is important; the where, when, and how of development gets a little stickier. These conversations are being had with political officials at all levels, from the local zoning boards to the halls of our nation’s capital. The following is a very high level (Iowa-focused) snapshot to start a broader conversation about the future of land use and infrastructure development:
Who has authority over the major permits?
- Wind & Solar – Turbines and panels are subject to local land use and relevant zoning permits from city and/or county. Projects of 25 MW or more also require a generating certificate from the Iowa Utilities Board (IUB), in addition to the local permits. Distributed wind (generally smaller or on-site use) of less than 10 MW, that are not subject to the interconnection requirements of the Federal Energy Regulatory Commission (FERC) or the Midwest Independent Transmission System Operator (MISO), are subject to IUB interconnection standards.
- Pipelines – Hazardous liquid pipelines and intrastate (meaning footprint only in Iowa) natural gas pipelines require a permit from the Iowa Utilities Board (IUB). Interstate (meaning multi-state footprint) natural gas pipelines are permitted by FERC. There are additional environmental permits from the Iowa DNR and/or U.S. Army Corps, and U.S. EPA that may be needed based on project footprint. Pipeline safety is overseen by the US DOT within the Pipeline and Hazardous Materials Safety Administration (PHMSA).
- Transmission Lines – Projects above 69 kV must obtain a franchise from the IUB. There may also be interconnect agreements necessary from regional transmission organizations (RTOs) as well as environmental oversight from U.S. Army Corps, U.S. EPA, and Iowa DNR. Because these are above-ground structures they may also be subject to local city or county zoning ordinances.
- Roads – Governments will need to coordinate with one another depending on the nature of the roadway being developed to ensure there is compliance with zoning ordinances and land use plans. There are also expensive environmental reviews done before construction can commence on these projects that include relevant state and often times federal
- Railroads – Class I railroads are overseen by the U.S. Surface Transportation Board and the Federal Railroad Administration, while Class II and III is the Iowa DOT. Learn more on rail oversight here.
- Phone/Fiber – New providers must obtain a certificate of franchise authority from the IUB. Companies commonly coordinate proposed footprints within existing public rights-of-way, but relevant city or county permits are still required.
How do stakeholders get involved?
- Wind & Solar – The local entities (city and/or county) hold public hearings as part of permit review, which include opportunities for public comment. Many local governments already have local zoning ordinances in place that outline that process. For projects that require an IUB permit, there is a detailed process outlined by the IUB that includes public meetings with landowners and the community in the area where the project is being proposed. The IUB also has an open docket for each project on their website where they collect input and feedback throughout the entire process.
- Pipelines – The IUB has a detailed process for pipeline permits that begins with informational meetings in each county where there is a proposed project footprint. Landowners within a specific radius of the proposed line must be mailed notices for that meeting. The IUB also has an open docket for each project on their website where they collect input and feedback throughout the entire process.
- Transmission Lines – The IUB has a detailed process for a transmission franchise that begins with informational meetings in each county where there is a proposed project footprint. Landowners within a specific radius of the proposed line must be mailed notices for that meeting. The IUB also has an open docket for each project on their website where they collect input and feedback throughout the entire process.
- Roads – These developments are generally part of future land use plans for a community, and public input sessions are required to develop those long-range plans. Public hearings are required during budgeting to allocate the necessary public funds for the project.
- Railroads – The STB has a detailed process for rail oversight (permits and operational) that includes multiple public hearings. The STB has an open docket for each project on their website to collect input and feedback from the public throughout the entire process.
- Phone/Fiber – Local entities (city, county, or state) hold public hearings as part of permit review, which include opportunities for public comment.
When can eminent domain be used?
- Wind & Solar – There is no process for eminent domain in Iowa on wind or solar developments.
- Pipelines – Can be granted by the IUB (per Iowa Code 479 for intrastate natural gas- single state, and 479B for hazardous liquids) or by federal law (per Sec 717f(h) of Natural Gas Act for interstate natural gas- multi-state footprint), to public utilities (many of which are privately owned) and private companies operating common carrier pipelines.
- Transmission Lines – Can be granted by the IUB (per Iowa Code 478) to public utilities (many of which are privately owned) and private companies.
- Roads – Can be utilities by governmental entities (i.e. cities, counties, Dep’t of Transportation, etc.) for public road developments or expansions (per Iowa Code 6A.22)
- Railroads – Can be granted by the Iowa DOT (per Iowa Code 6A.10) of which most are private companies.
- Phone/Fiber – These operators are granted the power by state law (per Iowa Code 477.4), which are public utilities (many of which are privately owned).
- NOTE: condemnation ALWAYS requires fair compensation for the landowner. Additionally, the impacts vary depending on the type of project. For road and rail, generally the entire usage or rights of the tract are needed since those are surface uses (meaning existing owner loses all rights to the tract). In the case of transmission lines, pipelines, and phone/fiber, condemnation can only be used for an easement (meaning original property owner still owns the tract) because this is an above ground or below ground disruption and thus allows for continued surface use of the land.
- Read more about eminent domain and the process outlined by the IUB here.
After reviewing all of the different overview and operational background on these types of developments, we want your feedback. Help us carry your voice and your priorities forward by taking a few minutes to let us know your thoughts in our survey, or send me an email anytime at Elizabeth.Thompson@landus.ag
