54-13-7. Minimum distances for placement of structures and facilities near main and transmission lines.
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Effective 7/1/2024
54-13-7. Minimum distances for placement of structures and facilities near main and transmission lines.
(1)As used in this section:
(a)"Main" has the meaning set forth in 49 C.F.R. Section 192.3.
(b)"Minimum distance" means:
(i)the width of a recorded easement when the width is described;
(ii)15 feet when the width of a recorded easement is undefined; or
(iii)for any underground facility, it means an area measured one foot vertically and three feet horizontally from the outer surface of a main or transmission line.
(c)"Transmission line" has the meaning set forth in 49 C.F.R. Section 192.3.
(d)"Underground facility" has the meaning set forth in Section 54-8a-2 .
(a)After April 30, 1995, a building or structure requiring slab support or footings, or an underground facility may not be placed within the minimum distance of a main or transmission line.
(b)Subsection (2)(a) does not apply if:
(i)the building or structure is used for public or railroad transportation, natural gas pipeline purposes, or by a public utility subject to the jurisdiction or regulation of the Public Service Commission;
(ii)in order to receive natural gas service, the building or structure must be located within the minimum distance of the pipeline;
(iii)the owner or operator of the main or transmission line has been notified prior to construction or placement pursuant to Section 54-8a-4 and has given written permission; or
(iv)the commission by rule exempts such action from the provisions of Subsection (2)(a).
(a)An owner or operator of a main or transmission line may obtain a mandatory injunction from a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, against any person who violates Subsection (2).
(b)Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, the owner or operator shall bring an action described in Subsection (3)(a) in the county in which the main or transmission line is located if the action is brought in the district court.
(4)The penalties specified in Chapter 7, Hearings, Practice, and Procedure, do not apply to a violation of this section.
Amended by Chapter 158 , 2024 General Session