Section 69-06-08-02 - Transmission facility corridor and route criteriaThe following criteria must guide and govern the preparation of the inventory of exclusion and avoidance areas, and the corridor and route suitability evaluation process. Exclusion and avoidance areas may be located within a corridor, but at no given point may such an area or areas encompass more than fifty percent of the corridor width unless there is no reasonable alternative.
1.Exclusion areas. The following geographical areas must be excluded in the consideration of a route for a transmission facility. A buffer zone of a reasonable width to protect the integrity of the area must be included. Natural screening may be considered in determining the width of the buffer zone. a. Designated or registered national: parks; memorial parks; historic sites and landmarks; natural landmarks; monuments; and wilderness areas.b. Designated or registered state: parks; historic sites; monuments; historical markers; archaeological sites; and nature preserves.c. County parks and recreational areas; municipal parks; and parks owned or administered by other governmental subdivisions.d. Areas critical to the life stages of threatened or endangered animal or plant species.e. Areas where animal or plant species that are unique or rare to this state would be irreversibly damaged.f. Areas within one thousand two hundred feet of the geographic center of an intercontinental ballistic missile (ICBM) launch or launch control facility.g. Areas within thirty feet on either side of a direct line between an intercontinental ballistic missile (ICBM) launch facility and a missile alert or launch control facilities to avoid microwave interference. This restriction only applies to aboveground structures, not to surface features, such as roads, or belowground infrastructure.2.Avoidance areas. The following geographical areas may not be considered in the routing of a transmission facility unless the applicant shows that under the circumstances there is no reasonable alternative. In determining whether an avoidance area should be designated for a facility, the commission may consider, among other things, the proposed management of adverse impacts; the orderly siting of facilities; system reliability and integrity; the efficient use of resources; and alternative routes. Economic considerations alone will not justify approval of these areas. A buffer zone of a reasonable width to protect the integrity of the area will be included unless a distance is specified in the criteria. Natural screening may be considered in determining the width of the buffer zone.a. Designated or registered national: historic districts; wildlife areas; wild, scenic, or recreational rivers; wildlife refuges; and grasslands.b. Designated or registered state: wild, scenic, or recreational rivers; game refuges; game management areas; management areas; forests; forest management lands; and grasslands.c. Historical resources which are not specifically designated as exclusion or avoidance areas.d. Areas which are geologically unstable.e. Within five hundred feet [152.4 meters] of a residence, school, or place of business. This criterion shall not apply to a water pipeline transmission facility. This avoidance area may be waived by the owner.f. Reservoirs and municipal water supplies.g. Water sources for organized rural water districts.h. Irrigated land. This criterion shall not apply to an underground transmission facility.i. Areas of recreational significance which are not designated as exclusion areas.3.Selection criteria. A corridor or route shall be designated only when it is demonstrated to the commission by the applicant that any significant adverse effects which will result from the location, construction, and maintenance of the facility as they relate to the following, will be at an acceptable minimum, or that those effects will be managed and maintained at an acceptable minimum. The effects to be considered include:a. The impact upon agriculture:(1) Agricultural production.(2) Family farms and ranches.(3) Land which the owner can demonstrate has soil, topography, drainage, and an available water supply that cause the land to be economically suitable for irrigation.(4) Surface drainage patterns and ground water flow patterns.b. The impact upon:(1) Sound-sensitive land uses.(2) The visual effect on the adjacent area.(3) Extractive and storage resources.(4) Wetlands, woodlands, and wooded areas.(5) Radio and television reception, and other communication or electronic control facilities.(6) Human health and safety.(7) Animal health and safety.4.Policy criteria. The commission may give preference to an applicant that will maximize benefits that result from the adoption of the following policies and practices, and in a proper case may require the adoption of such policies and practices. The commission may also give preference to an applicant that will maximize interstate benefits. The benefits to be considered include: b. Training and utilization of available labor in this state for the general and specialized skills required.c. Economies of construction and operation.d. Use of citizen coordinating committees.e. A commitment of a portion of the transmitted product for use in this state. g. The coordination of facilities.h. Monitoring of impacts.i. Utilization of existing and proposed rights of way and corridors.j. Other existing or proposed transmission facilities.N.D. Admin Code 69-06-08-02
Amended effective August 1, 1979; January 1, 1982; February 1, 1995;July 1, 2006; April 1, 2013.Amended by Administrative Rules Supplement 2020-377, July 2020, effective 7/1/2020.Amended by Administrative Rules Supplement 2021-383, January 2022, effective 1/1/2022.General Authority: NDCC 49-22-18
Law Implemented: NDCC 49-22-05.1