Pipeline opponents target draft legislation that overrides local control

Lawmakers looking to preempt counties that established carbon pipeline regulations

Property owners opposed to a proposed carbon sequestration pipeline are continuing their push to derail the project.

The topic came up at the Brown County Commission meeting on Tuesday, Jan. 23 at the courthouse annex.

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A resolution to protect local control of land was on the agenda, but action was delayed as the bill it’s aimed at has yet to be introduced at the ongoing legislative session in Pierre.

Ed Fischbach, a Spink County resident who is opposed to the pipeline, had a draft copy of the legislation. It specifies lines carrying carbon dioxide and, among other things, would:

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• Establish a carbon dioxide pipeline setback of at least 250 feet from the nearest edge or corner of an occupied dwelling unless the building is within 2 miles of an ethanol plant. Then, the setback would have to be at least 50 feet.

• Prevent municipalities, counties and townships from collecting extra fees or taxes on such pipelines. They could only collect property taxes, road crossing fees and any money from road use maintenance agreements.