08-28-2002 Council Agenda - Laserfiche WebLink

Home Browse Search

Dear Local Government Official: It has come to my attention over the past several months that some local government planning and zoning administrators may not be aware of Minnesota's Model Pipeline Setback Ordinance. This ordinance specifies the•maximum proximity of new construction and land development to existing pipelines. It is imperative that all local government officials responsible for planning and zoning be familiar with this ordinance, its restrictions and implications. I have enclosed a copy of the ordinance for your review. This ordinance went into effect in August, 1991 and applies to all Minnesota statutory or home rule charter cities, towns and counties that have planning and zoning authority and have not adopted their own (more restrictive) setback ordinances. The Minnesota Model Setback Ordinance prohibits "buildings and place of public assembly' from being constructed closer to a pipeline than the boundary of the pipeline easement. Please be aware that a "place of public assembly" is defined as a site that is occupied by 20 or more persohs on at least five days a week for ten weeks in any 12 -month period, with the days and weeks not necessarily being consecutive: This definition is particularly important when sites for new school buildings and grounds or recreational projects are being planned. For purposes of this ordinance, pipeline means: (1) a pipe with a nominal diameter of six inches or more, that is used to transport hazardous liquids, but does not include pipe used to transport a hazardous liquid by gravity, and pipe used to transport or store a hazardous liquid within a refining storage, or manufacturing facility; or (2) pipe operated at a pressure of more than 275 pounds per square inch that carries gas. Please note that under Subpart 4 of the ordinance, in cases.of undue hardship, the opportunity for a variance is discussed. If, at any time, a variance is being considered, we would appreciate being informed and involved in the process from the beginning. This will save time for all parties involved and assure the safest result for the public. I urge you to become familiar with this ordinance and to pass this knowledge along to your colleagues. If you have any questions about this, please do not hesitate to contact me or Ron Wiest, the Office's Chief Engineer, at (612) 296 -9636. Thank you. Sincerely, Charles Kenow Administrator enclosure