Dickinson County, Iowa drafts pipeline ordinance with hopes to avoid lawsuit

by Jared Strong

Dickinson County is considering a carbon dioxide pipeline ordinance that is less restrictive than others in Iowa that have been challenged in court, in an effort to regulate the pipelines without getting sued, according to county officials.

Specifically, the latest draft of the Dickinson ordinance requires the pipelines to be placed at least 1,600 feet — or three-tenths of a mile — away from cities. Other ordinances that are subject to litigation require a two-mile separation.

That might help the county avoid lawsuits that have embroiled five other counties that adopted similar ordinances in response to a pipeline proposal under consideration by state regulators, said Megan Kardell, zoning and environmental health administrator for Dickinson.

“We did not zone it out of the county,” Kardell said of her latest draft ordinance. “I’m hoping somebody doesn’t sue us, and that they play ball. They could make something work.”

The ordinance is set to be considered March 18 by the county’s planning and zoning commission. If it gets the commission’s approval, it could be subject to a vote by county supervisors in April and become effective in May.

Many counties that are in the path of Summit Carbon Solutions’ sprawling pipeline system have considered adopting restrictions about where the pipe can be laid. That has often been in response to residents’ concerns about public safety if a catastrophic pipeline break leads to a massive release of carbon dioxide. Counties are also concerned about whether the system might interfere with city growth and economic development.

Summit wants to build a five-state system that would transport captured carbon dioxide from about 50 ethanol plants to North Dakota for underground storage.

It has sued five Iowa counties in federal court — Emmet, Kossuth, Palo Alto, Shelby and Story — for their ordinances. Summit was successful in two of the lawsuits, but the judge’s decisions have been appealed. The three other suits are on hold pending resolutions of those appeals.

Summit declined to comment on Dickinson’s ordinance or about whether it might sue if it is adopted.

The ordinance would also set minimum separation distances from homes and other buildings occupied by people at 1,600 feet, although the owners of the structures could sign waivers to allow less distance.

Other minimum distances include: a half mile from churches, schools, nursing homes, medical facilities, public parks and other “sensitive” areas; 1,000 feet from livestock operations and certain utility infrastructure; and 200 feet from wells.

Kardell said Dickinson’s proposed procedure for a pipeline company to obtain a county permit is also less cumbersome than the other ordinances.

It’s unclear how much the new ordinance would affect Summit’s route. Its proposal that is under consideration by the Iowa Utilities Board includes a path that narrowly skirts the town of Superior. The route further appears to be within 1,600 feet of Terril and too close to a county park. There are also numerous farmsteads near the route.

The board is poised to decide whether to issue Summit a permit for its initial proposal. The company’s plans have since expanded to include more ethanol plants.

Summit must also obtain permission for its project in the Dakotas.

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