Transcript Land Use Regulations and Pipelines

Land Use Regulations and
Pipelines
Prepared by:
Beverly Woods
Northern Middlesex Council of Governments
March 2015
Objectives of pipeline-related land use
measures
• Keep human activity away from the
immediate vicinity of the pipeline
• Minimize exposure in the event of an
accident
• Prevent unintended damage to pipeline
infrastructure
Primary hazard from natural gas is an
explosion or fire
• Ignition source must be involved or released gas
will dissipate
• It is possible that the size or movement of the
vapor cloud could result in consequences away
from the initial point of release
• Releases can result from natural disasters,
excavation, corrosion, mechanical failure, and
operator error
Risk factors to consider
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Multiple use of the right-of-way
Pipeline design
Age of the line and related infrastructure
Diameter, pressurization and depth of burial
Commodity transported now and potentially in the
future
• Risk is inherent in the pipeline system-it can be
reduced and managed but cannot be eliminated
• For the largest and highest pressure lines, injuries
are possible out to 1,000 feet but ROWs are rarely
more than 50 feet
Probability of failure based on
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Materials of construction
Fabrication
Corrosion
Effectiveness of pipeline coatings and cathodic
protection system
• Pressurization
• Depth of cover
• Frequency of inspection (required by federal law
and usually performed by aircraft)
Causes of Gas Pipeline Incidents
in the U.S.-2005-2009
Local capacity to regulate safety
• Local governments are pre-empted from regulating
pipeline safety under the federal Pipeline Safety Act
• Not pre-empted from involving public safety
personnel in siting and routing review
• Federal regulations require emergency response
plans, and operators must share the plans with first
responders
-Operators must detail equipment and personnel
available, shutdown procedures, notification
process, and how service will be restored
-Must establish and maintain liaison with local
emergency personnel
Right-of-way Control
• Pipeline companies typically negotiate
easements with property owners
• Gives the operator authority to use the
ROW, includes the right to repair and
maintain
• Public parties generally have no input into
the content of the easement agreement or
copies of the recorded instrument
U.S. Natural Gas Pipelines-Decade of
Construction
Easement agreements address
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Purpose, boundaries and duration
Renewal fees
Right of the pipeline company to gain access
Rights of the landowner
Number and size of pipes
Materials that may be transported
Rights for expansion
Procedures for communications among parties
Procedures for abandonment
Interstate pipelines
• FERC is responsible for permitting interstate
pipelines
• FERC delegates its power of eminent domain to the
pipeline operator and requires that a 50-foot ROW
be maintained for inspection and repairs
• Federal government typically pre-empts state and
local regulations
• FERC is empowered to override private landowners
and state and local governments in siting new
interstate pipelines
• States have jurisdiction over intrastate pipelines
Local land use regulations
• Most local governments do not address pipelines
and have little data on which to base land use
regulations
• Could help protect the ROW and preclude uses that
pose a safety risk
• Over time, subsequent property owners, their
tenants, or the public may be unfamiliar with the
ROW or easement, possibly compromising public
safety
• Local governments are largely restricted to
regulating land uses near a pipeline
Land use measures and tools
• Zoning setback requirements
-must be wide enough to minimize risk, but may be
costly if interpreted as a “taking”
-new requirements may make some existing properties
non-conforming
-fixed distance setbacks may not consider specific risks
and the physical environment
• Regulate certain types of uses or structures near the
pipeline (e.g. schools, hospitals, daycare, nursing homes,
etc)
• Implement constraints on activities on or near the ROW
• Encourage linear parks and trails along the right-of-way
Southwick-DPU Zoning Exemption
• 3/9/11 Tennessee Gas Pipeline Co. filed a petition
with DPU pursuant to c. 40A, Section 3 seeking
exemptions from the Southwick Zoning Bylaw to
build a compressor station on residentially zoned
land
• C. 40A, Section 3: Land or structures used…by a
public service corporation may be exempted…from a
zoning ordinance or bylaw if, upon petition of the
corporation, the Department shall… determine the
exemptions required and find that the proposed
use…is reasonably necessary for the convenience
and welfare of the public.
Southwick (cont’d)
• Under 40A must meet 3 criteria:
-petitioner must qualify as a public service
corporation
-petitioner must demonstrate that its present or
proposed use of land or structure is reasonably
necessary for the convenience and welfare of the
public
-petitioner must establish that it requires
exemption from the zoning ordinance or bylaw
(Southwick does not allow use variances)
Southwick Zoning-provisions requiring
exemption
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Use
Wellhead protection
Signs
Site plan approval and site plan review
Parking and loading
Environmental performance standards (not
granted)
• Stormwater management
• Flood hazard and wetlands
• Earth excavation
Bellingham, WA
• Model ordinance enacted after a tragedy resulted in
three deaths
• Required a minimum setback for gas pipelines
“Consistent with the hazard area radius” is required,
with setbacks doubled for buildings where the public
gathers for education, sports, conventions,
hospitalization or worship”
• Tried to establish minimum insurance
requirements for pipeline companies, but Federal
court ruled that this exceeded federal requirements
and was pre-empted by federal law
• Now regulates uses that are in proximity of pipeline
Austin, Texas
• Crude oil pipeline
• Subdivision regulations prohibit plotted lots or
structures within the pipeline easement
• Zoning establishes requirements within 200 and
500 feet of the right-of-way based on fire modeling
• Bans new structures within 25 feet
• Increases building standards within 200 feet
• Prohibits new structures requiring excavation within
200 feet
• Does not apply to pre-existing structures
Aboveground pipeline operations and
impact
• Compressor stations, pumping stations, regulator
stations, and other pipeline infrastructure may
generate noise and odors
• Heat exchangers or other equipment may produce
visible air emissions
• Some pressure limiting stations may include relief
valves to release gas to the atmosphere
• Facilities used to odorize natural gas are designed to
minimize odorant releases, but occasional releases
could occur
• Repairs and maintenance require the operation of
heavy equipment
Compressor stations
• Significant acreage (25-30 acres); spaced every 30-70 miles
• Noise level is a concern with reports of up to 100 dB in some
problem locations
• FERC standard is 55 dB at the closest noise sensitive area
(slightly quieter than an average conversation)
• State limits the additional noise to ambient levels
• Sound surveys should be performed before and after
construction
• Where 55 dB level is exceeded, corrective action is required
• Blow down: venting or flaring of gas during maintenance or
an emergency (1-4 times per year)
• Air emissions are regulated by EPA
Local regulations for compressor
stations
• Fort Worth, Texas –zoning ordinance
-300 foot setback with 6-foot security fencing,
landscaping standards, and buffer from
residential properties
-established local noise levels based on
adjoining zoning districts
• Cecil, Pennsylvania –zoning ordinance
-compressor stations allowed as a permitted use
in oil and gas overlay district
Other measures
• Obtain mapping data for all transmission pipelines from
USDOT or the pipeline operator and include on all
planning or construction documents
• Whenever development is proposed on property
containing a pipeline, the municipality should require a
plan addressing in detail the steps necessary to safely
integrate the pipeline into the project design
• All subdivision plans should show the location of the
pipeline and identify the operator
• For incident management and emergency response, the
pipeline operator and developer should consider
evacuation needs, emergency responder access and
situation control, and potential environmental impacts
Specific development design and
construction considerations
•Parking lots and parking structures can be
strategically located to create a buffer between the
ROW and occupied structures
•Pay attention to depth of cover and load carrying
capacity where a roadway crosses the pipeline
•Design and construction of underground utilities
should try to minimize potential migration paths
that could allow leaks from the pipeline to migrate
to buildings
•Drainage facilities should be designed so as to not
cause erosion or compromise soil stability over the
transmission pipeline
Pipeline Consultation Zone Bylaw
• Requires developers and property owners to consult with
pipeline operators early in the development process
• In place in O’Fallon, Missouri
• Zone should be measured from the pipeline centerline;
660-1,000 feet is recommended for a gas pipeline
• Protects the pipeline through adequate consideration of
the safety impacts of the development proposal
• Raises awareness of potential safety impacts of the
pipeline on the proposed development
• Actual position of the pipeline should be marked on
plans and in the field prior to construction activities
commencing
Pipeline Consultation Zone Information
Needs
• Street address of proposed project
• Is the property encumbered by a pipeline easement?
• Is there visual evidence of the pipeline on the
property?
• Will the proposed project require road or utility
crossings over or under the pipeline, permanent
structures, landscaping or paving within the
easement, changes in the amount of cover, blasting,
seismic testing, or pile driving, significant
excavation, or the storage of materials or equipment
within the easement.
Minimum recommendations
• Start a conversation about establishing land use controls
and noise standards (for compressor stations) that
protect the public; prolonged proximity to a large natural
gas pipeline carries risk
• Make sure your community knows the exact location of
pipeline infrastructure and that the information is
mapped
• Ensure that your public safety personnel are adequately
trained, and that there is two-way communication with
the pipeline operator
• Be sure that there is an emergency evacuation and
response plan for areas with a natural gas or hazardous
liquid pipeline
Thank You!
Presentation is available at:
www.nmcog.org
Beverly Woods
Executive Director
Northern Middlesex Council of Governments
Phone: (978) 454-8021, ext. 120
Email: [email protected]