Supervisors prefer less-restrictive pipeline ordinance

     During the March 19 Jones County Supervisors meeting, the board reviewed GIS-generated maps of the county showing pipeline setbacks at 660 feet and 1,000 feet.

   The board previously reviewed maps presented to the Jones County Planning and Zoning Commission showing setbacks at a half and a quarter of a mile. They felt those were too restrictive and would not hold up in court.

   The proposed pipeline ordinance would apply to all pipelines, not just CO2 (carbon dioxide).

   Supervisor John Schlarmann asked Land Use Administrator Whitney Amos what other counties were proposing for their setbacks.

   "It varies county to county," she said. "Everyone is different."

   Amos shared some ordinances with the board that showed different setbacks for rural versus urban areas, as well as tighter setbacks around such structures as schools, churches, nursing homes, etc.

   "660 feet is far more manageable," offered County Attorney Kristofer Lyons. "1,000 feet is doable."

   Lyons shared that he originally proposed 660 feet in the first draft of the ordinance, but P&Z wanted to go with a larger number.

   "If a (CO2) company comes through Jones County, we need to make sure our citizens are best protected," Lyons said. "A larger district, the more protected they'll be, but it won't stand up in court."

   Lyons shared with the board that none of the counties in the northern district, which includes Jones, have passed a pipeline ordinance yet.

   "If they enact an ordinance, they'll probably get sued."

   Lyons said he is also waiting to see how the 8^th Circuit Court of Appeals rules.

   "The ordinance could be void depending on how the 8^th Circuit rules one way or another," he said. "That's my concern with this."

   He said there is also pending legislation in Des Moines (SF 411) that would not allow counties to have such an ordinance.

   Supervisor Joe Oswald said he favored a 1,000-foot setback, with more stipulations for the more populated areas of the county.

   "For those of the population who are not very mobile," commented Supervisor Ned Rohwedder of a possible pipeline explosion, using nursing home residents as an example, "they rely on others to get out in an emergency."

   "Even if they are mobile," said Oswald, "there'd be no time to get them out fast enough from a safety standpoint."

   Oswald suggested a quarter of a mile setback around public gathering places such as parks, churches, schools, etc.

   Swisher countered with a half-mile.

   "We don't want to hamper these companies, but we want to protect our citizens," he said.

   Hein told the board that any revisions to the ordinance would need to go back to P&Z for their review, further discussion, and approval. From there, the board of supervisors would set a public hearing on the proposed pipeline ordinance before final approval can be made. It would require three considerations, unless the board wanted to waive the two final readings and approve it all in one meeting.

   "We need a final draft of the ordinance, though, before you set a public hearing," Lyons said of applying the supervisors' suggested changes.