North Dakota Land Use Planning (1-ND-a)
Land Use Planning Process
1-ND-a.1 – Land Use Planning Delegated to Municipalities and Counties
North Dakota has no statewide land use planning process. Land use planning is delegated to municipal and county governments. A transmission developer needs to gain transmission line siting approval from local county or municipal governments. To expedite the process, the developer should check to see if the proposed project would cross land with a land use plan, and if a land use plan exists, whether the project would be consistent with the land use plan.
If the proposed project is inconsistent with a local land use plan, the developer may apply for a Route Permit from the North Dakota Public Service Commission (“NDPSC”) and request that NDPSC have the Route Permit supersede and pre-empt the conflicting local land use or zoning rules. NDPSC will only preempt the local rules if NDPSC finds that such rules, as applied to the proposed route, are unreasonably restrictive in view of existing technology, factors of cost or economics, or needs of consumers regardless of their location. If NDPSC does not make these findings, NDPSC will not approve a route that violates local land use or zoning rules. N.D.C.C. § 49-22-16(2).
Suggest a contact using the Feedback button above.Suggest edits using the Feedback button above.