Power line permits override local land rules with specific exceptions

Power line construction permits override local land-use rules, except as provided in this section. These rules cover electric transmission facilities built within designated power line corridors in North Dakota. Before approval, developers must comply with the affected local government's road-use agreements. Developers must follow local requirements submitted on time unless the commission overrides them. A permit may override local requirements if the developer proves it is more likely than not that they are unreasonably restrictive given technology, costs, or consumers' needs, wherever those consumers live, or directly conflict with state or federal laws or rules. The law applies retroactively to January 1, 2025.

The commission reviewing power line applications must notify affected local governments, which must submit their local requirements before the hearing. Notice goes to cities, counties, and townships with retained zoning authority where any part of the proposed corridor lies. Local requirements are overridden for the project if the local government misses the submission deadline. The commission cannot schedule a hearing sooner than 45 days from sending notice by mail or email. Local requirements must be filed at least 10 days before that hearing.

State site approval for an electricity-producing facility cannot override local land-use, zoning, or building rules. This provision covers electric energy conversion facilities, which produce electricity. A site cannot be designated if it violates those local rules.