Difference between revisions of "RAPID/Roadmap/3-SD-d"

From Open Energy Information

< RAPID‎ | Roadmap

 
(2 intermediate revisions by one other user not shown)
Line 1: Line 1:
 
{{RRSection
 
{{RRSection
|Name=Utility Crossing License
+
|Name=State Land Right-of-Way
|Flowchart=File:3-SD-d - Utility Crossing License 2017-3-9.pdf
+
|Flowchart=File:3-SD-d - State Land Right-of-Way 2017-03-15.pdf
 
|Technology=Bulk Transmission
 
|Technology=Bulk Transmission
|PermitOverview=A developer in South Dakota may need to obtain a Utility Crossing License from the [[South Dakota Department of Transportation]] (SDDOT) Office of Railroads for transmission projects that have above ground transmission lines that cross or encroach on a South Dakota state railroad’s right-of-way. [[South Dakota – S.D. Codified Laws § 49-16A-100.3|S.D. Codified Laws §49-16A-100.3]].
+
|PermitOverview=In South Dakota, a developer of an “electrical facility” may need a State Land Easement/Right-of-Way Certificate for projects proposed across any school or public lands from the [[South Dakota Department of School and Public Lands]]. [[South Dakota – 49 S.D., Public Utilities and Carriers|49 S.D. § 32-1]]; [[South Dakota – 49 S.D., Public Utilities and Carriers|49 S.D. § 7-16]].  An electrical facility includes the construction, operation, or maintenance of electric transmission lines. [[South Dakota – 49 S.D., Public Utilities and Carriers|49 S.D. § 7-22]].  Electrical facilities may need a State Land Easement/Right-of-Way Certificate across state school or public lands for stations, substations, or buildings necessary for electrical energy transmission. [[South Dakota – 49 S.D., Public Utilities and Carriers|49 S.D. § 7-22]].
|Description===3-SD-d.1 – Application for Overhead Pole and Wire Occupancy==
+
|Description===3-SD-d.1 to 3-SD-d.2 – Map and Description of Proposed Project Right-of-Way==
A developer must complete and submit an [[South Dakota – Department of Transportation – Application for Overhead Pole and Wire Occupancy Permit|Application for Overhead Pole and Wire Occupancy]] (Application) to SDDOT. The Application must include:
 
*The developer’s name and contact information;
 
*The location where the transmission line encroaches on the state railroad right-of-way;
 
*Details of the transmission lines crossing the railroad right-of-way, including:
 
**The number of circuits;
 
**Relative voltages;
 
**Material types;
 
**Amount of clearance; and
 
**Load currents; and
 
*Details of the poles holding the transmission lines, including:
 
**The size of the poles;
 
**The material used in constructing the poles; and
 
**Information on the type of supports used on the poles.
 
  
A developer also must submit a certificate of insurance showing coverage for the proposed project crossing the railroad right of way. [[South Dakota – S.D. Codified Laws § 49-16A-100.6|S.D. Codified Laws §49-16A-100.6]].
+
The developer must file a map and description of the proposed project right-of-way across any state school or public lands. [[South Dakota – 49 S.D., Public Utilities and Carriers|49 S.D. § 7-16]].  The map and description filed must survey an electric facility route clearly indicting the centerline of the right-of-way and area in acres and fractions. [[South Dakota – 49 S.D., Public Utilities and Carriers|49 S.D. § 7-15]].  The chief engineer of the [[South Dakota Department of School and Public Lands]] must certify the map and description (plat).  [[South Dakota – 49 S.D., Public Utilities and Carriers|49 S.D. § 7-15]].
  
A developer may also need to submit a one-time crossing fee with the Application. If the encroachment is located within a public right-of-way, no fee is assessed. If the encroachment is not located within a public right-of-way, the developer must pay a $750 fee per track in the encroachment. [[South Dakota – Department of Transportation – Application for Overhead Pole and Wire Occupancy Permit|Application for Overhead Pole and Wire Occupancy]].
+
Note: No right-of-way may exceed ten feet in width without approval from the Governor. [[South Dakota – 49 S.D., Public Utilities and Carriers|49 S.D. §§ 7-13, 14]].
  
==3-SD-d.2 to 3-SD-d.3 – Review Application Materials for Completeness==
 
After receiving an Application, SDDOT Office of Railroads reviews the Application for administrative and technical completeness. If the Application is not complete, the developer must correct the deficiencies.
 
  
==3-SD-d.4 to 3-SD-d.5 Assess Application==
+
==3-SD-d.3 – File Plat with Commissioner and Register of Deeds==
After determining the Application is complete, SDDOT Office of Railroads assesses the Application to ensure it complies with SDDOT’s Utility Crossing requirements, some of which are listed on the [[South Dakota – Department of Transportation – Application for Overhead Pole and Wire Occupancy Permit|Application for Overhead Pole and Wire Occupancy]].
 
  
==3-SD-d.6 – Send Draft Utility Crossing License==
+
Once the map and description have been certified, the developer must file the plat of the electrical facility route with the Commissioner of the [[South Dakota Department of School and Public Lands]], and must file a duplicate with the register of deeds of each county in which the land is situated.  [[South Dakota – 49 S.D., Public Utilities and Carriers|49 S.D. § 7-15]].
If SDDOT Office of Railroads approves the Application, SDDOT creates a draft of a Utility Crossing License, and sends that document to the developer to sign.
 
  
==3-SD-d.7 – Sign and Return Draft Utility Crossing License==
 
Once the developer receives the draft of the Utility Crossing License, the developer must sign the Utility Crossing License in the appropriate space, and return the document to SDDOT Office of Railroads.
 
  
==3-SD-d.8 Utility Crossing License==
+
==3-SD-d.4 Review Map of Proposed Project Right-of-Way==
Once SDDOT Office of Railroads receives the signed document from the developer, SDDOT Office of Railroads executes a final Utility Crossing License that allows the developer’s transmission project to encroach on the specified state railroad right-of-way.
+
 
|Agency=South Dakota Department of Transportation
+
The Commissioner of [[South Dakota Department of School and Public Lands]] reviews the map and description of the proposed project right-of-way over state school or public land.  [[South Dakota – 49 S.D., Public Utilities and Carriers|49 S.D. § 7-16]].  
|References=[[South Dakota Department of Transportation – Application for Overhead Pole and Wire Occupancy Permit]]
+
 
|Regulations=[[South Dakota – S.D. Codified Laws § 49-16A-100.3]];[[South Dakota – S.D. Codified Laws § 49-16A-100.6]]
+
 
 +
==3-SD-d.5 – Certificate for State School or Public Land Right-of-Way==
 +
 
 +
The Commissioner of [[South Dakota Department of School and Public Lands]] may issue to the electrical facility a certificate stating that the proposed state school or public lands are reserved for the facility’s use.  The certificate operates as authority for the electric facility to take, hold, and use those lands for the purposes of transmitting electrical energy.  [[South Dakota – 49 S.D., Public Utilities and Carriers|49 S.D. § 7-16]].
 +
 +
The developer must construct the proposed project within one year from the filling date or forfeit their rights to the acquired right-of-way. [[South Dakota – 49 S.D., Public Utilities and Carriers|49 S.D. § 7-17]].
 +
|Agency=South Dakota Department of School and Public Lands
 +
|Regulations=[[South Dakota – 49 S.D., Public Utilities and Carriers]]
 
}}
 
}}

Latest revision as of 11:01, 21 May 2018

RAPIDRegulatory and Permitting Information Desktop Toolkit
My Projects

South Dakota State Land Right-of-Way (3-SD-d)

In South Dakota, a developer of an “electrical facility” may need a State Land Easement/Right-of-Way Certificate for projects proposed across any school or public lands from the South Dakota Department of School and Public Lands. 49 S.D. § 32-1; 49 S.D. § 7-16. An electrical facility includes the construction, operation, or maintenance of electric transmission lines. 49 S.D. § 7-22. Electrical facilities may need a State Land Easement/Right-of-Way Certificate across state school or public lands for stations, substations, or buildings necessary for electrical energy transmission. 49 S.D. § 7-22.



State Land Right-of-Way Process

3-SD-d.1 to 3-SD-d.2 – Map and Description of Proposed Project Right-of-Way

The developer must file a map and description of the proposed project right-of-way across any state school or public lands. 49 S.D. § 7-16. The map and description filed must survey an electric facility route clearly indicting the centerline of the right-of-way and area in acres and fractions. 49 S.D. § 7-15. The chief engineer of the South Dakota Department of School and Public Lands must certify the map and description (plat). 49 S.D. § 7-15.

Note: No right-of-way may exceed ten feet in width without approval from the Governor. 49 S.D. §§ 7-13, 14.


3-SD-d.3 – File Plat with Commissioner and Register of Deeds

Once the map and description have been certified, the developer must file the plat of the electrical facility route with the Commissioner of the South Dakota Department of School and Public Lands, and must file a duplicate with the register of deeds of each county in which the land is situated. 49 S.D. § 7-15.


3-SD-d.4 – Review Map of Proposed Project Right-of-Way

The Commissioner of South Dakota Department of School and Public Lands reviews the map and description of the proposed project right-of-way over state school or public land. 49 S.D. § 7-16.


3-SD-d.5 – Certificate for State School or Public Land Right-of-Way

The Commissioner of South Dakota Department of School and Public Lands may issue to the electrical facility a certificate stating that the proposed state school or public lands are reserved for the facility’s use. The certificate operates as authority for the electric facility to take, hold, and use those lands for the purposes of transmitting electrical energy. 49 S.D. § 7-16.

The developer must construct the proposed project within one year from the filling date or forfeit their rights to the acquired right-of-way. 49 S.D. § 7-17.


Add to Project

Contact Information