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RAPIDRegulatory and Permitting Information Desktop Toolkit

Compare Bulk Transmission Permitting and Regulations Across States

Compare aspects of the permitting process among states.

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Bulk Transmission Land Access Comparison

Compare Bulk Transmission land use across multiple states.
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State Land Right-of-Way Agency
State Land Right-of-Way Process
State Highway Right-of-Way Agency
State Highway Right-of-Way Process
Eminent Domain
AlabamaX
AlaskaX
Alaska Division of Mining Land and Water
The Alaska Division of Mining Land and Water may issue permits, rights-of-way, or easements on state land for roads, trails, ditches, field gathering lines or transmission and distribution pipelines not subject to AS 38.35, or electric transmission and distribution lines...other similar uses or improvements..."
Alaska Department of Transportation and Public Facilities
A developer must obtain a State of Alaska Department of Transportation and Public Facilities Encroachment Permit prior to constructing, maintaining, or changing an encroachment within a Alaska Department of Transportation highway right-of-way, unless otherwise provided for by agency regulations.
ArizonaX
ArkansasX
CaliforniaX
ColoradoX
ConnecticutX
DelawareX
FloridaX
GeorgiaX
HawaiiX
IllinoisX
State agency with jurisdiction over the land and Illinois Department of Central Management Services.
Public utilities must obtain a Public Utility Easement to access state land. Illinois – State Property Control Act (30 I.L.C.S. §§ 605 et seq.) Illinois defines “public utility” to include “…any plant, equipment, or property used for or in connection with…the production, storage, transmission, role, delivery, or furnishing of heat, cold, light, power, electricity, or water…” 30 I.L.C.S. §605/7.2.
A developer may need a Utility Permit to work within the right-of-way of an Interstate, U.S. State route, Illinois state route, or state maintained roadway. 606 I.C.S §9-113, Illinois Department of Transportation Website – Utility Permits.
When necessary the Illinois Commerce Commission (ICC) may grant a public utility eminent domain power to construct transmission lines on private property. 22) I.L.C.S §5/8-509.
IndianaX
State agency with jurisdiction over the land, generally, the Indiana Department of Administration or the Indiana Department of Natural Resources.
A developer must obtain a state land easement to construct transmission lines across state land. The process for obtaining an easement varies pending on the state agency with jurisdiction over the land.
A developer must obtain a Right-of-Way Permit to construct transmission lines within a state highway right-of-way. The developer must submit a Right-of-Way Permit Application using the Electronic Permitting System or by submitting the Application in writing to the appropriate Indiana Department of Transportation District Permit Manager.
A public utility may exercise eminent domain power to construct transmission lines on private property pursuant to Indiana - Ind. Code §§ 32-24 et seq., Eminent Domain.
IowaX
A developer must obtain an easement or lease from the Iowa Department of Natural Resources (IDNR) to construct transmission lines on state-owned lands. I.A.C. § 571.13.
A developer must obtain a Utility Permit to place utility structures in a state highway right-of-way. I.C. § 318.8. A developer can obtain a Utility Permit by filing an Application and Agreement for Use of Highway Right-of-Way for Utilities Accommodation. I.A.C. § 761.115.1(a), I.A.C. § 761.115.8(1)(b).
The Iowa Utilities Board (IUB) may grant eminent domain power to any person, company or corporation that has obtained a Franchise Permit from IUB for transmission line projects. The taking under eminent domain must not exceed 100 feet in width and 160 acres in any one location. However, the IUB may approve a wider right-of-way, not to exceed 200 feet, for good cause. I.C. § 478.15.
KansasX
State agency with jurisdiction over land.
A developer must obtain approval for a state land right-of-way from the applicable state agency. Any state agency has authority to grant a right-of-way easement across, over, upon, or under any such state land to any person, firm, or corporation owning or operating any public utility. 75 K.S.A. § 2131. Each state agency has discretion to grant an easement for the purpose of constructing, maintaining, or removing any powerline or other public utility installation or any equipment necessary to the operation, but must first obtain approval from the Attorney General’s office. 75 K.S.A. § 2131.
A developer may need to obtain a Use of Highway Right-of-Way or a State Utility Permit if the project will involve the installation, relocation, removal, or maintenance along, over, or under any state highway right-of-way. K.S.A.§§ 68-404, 415, Kansas Department of Transportation - Utility Accommodation Policy.
The Kansas Corporation Commission may grant any corporation that has obtained a Certificate of Convenience with the right to take private property by eminent domain. K.S.A. §§ 26-101, 26-501b(b).
KentuckyX
LouisianaX
MarylandX
MassachusettsX
MichiganX
The Michigan Department of Natural Resources Finance and Operations Division – Real Estate Services Section’s (DNR) Land Manager administers the issuance of easements for the use of state lands under the DNR’s jurisdiction. Michigan – Act 451 of 1994, Part 21 – General Real Estate Powers.
A developer may need a Right-of-Way Construction Permit in order to construct a utility facility or undertake operations, other than normal vehicular or pedestrian travel, on a state highway right-of-way. As defined in 23 CFR 645.105(m), a “utility” is a privately, publicly, or cooperatively owned line, facility or system for producing, transmitting, or distributing electricity, etc.
Independent transmission companies, electric utilities and affiliated transmission companies may use the eminent domain procedures, where necessary and appropriate, to site new transmission facilities. In an eminent domain proceeding arising out of or related to a transmission line for which a Certificate of Public Convenience and Necessity (CPCN) is issued, the CPCN issued is conclusive and binding as to the public convenience and necessity for that transmission line and its compatibility with the public health and safety or any zoning or land use requirements in effect when the application was filed. MCL § 460.570(3).
MinnesotaX
A developer must obtain a Utility Crossing License from the Minnesota Department of Natural Resources in order to construct a utility project over, under, or across any state lands or public waters. Minn. Stat. § 84.415, Minn. Admin. Rules § 6135.
A developer must obtain a Utility Accommodation Permit to construct transmission lines in a trunk highway right-of-way. Minn. Stat. § 161, Minn. Admin. Code § 8810.
Utilities have eminent domain power, when necessary, to take private property for the construction of a route for a high-voltage transmission line with the capacity of 200 kilovolts or more. Minn. Stat. § 216E.12.
MississippiX
MissouriX
Governor, with approval from Missouri Board of Public Buildings.
The governor, with the approval of the Missouri Board of Public Buildings, has authority to grant an easement across, over, upon, or under state lands to any rural electric cooperative, public utility, municipal corporation, or quasi-governmental corporation owning or operating a public utility, for the purpose of constructing, maintaining, or removing a power line, equipment, or appurtenances. Mo. Rev. Stat. § 37.005.9.
A developer of a utility must obtain a right-of-way construction permit if the project will involve the installation, relocation, or maintenance of a utility on the right-of-way of a state roadway, or if the project will affect the roadway, shoulders, or right-of-way. § 643.3.1.
MontanaX
NebraskaX
Nebraska Vacant Building and Excess Land Committee and State agency with jurisdiction over the land.
A developer must obtain a Utility Easement to access state land. 72 N.R.S. § 818.
A developer must obtain an Occupy Right-of-Way Permit to encroach upon any portion of a State highway right-of-way with an underground or aboveground pipe, pole line, conduit, or guy wire. 39 N.R.S. §§ 1359(1), 1361, 410 N.A.C §§ 001.02, 002.02, Department of Roads Permit Application Guidelines, at p.2.
The Nebraska Public Service Commission may grant privately owned public utility corporations the power of eminent domain. N.R.S. § 25-2501.
NevadaX
New HampshireX
New JerseyX
New MexicoX
New YorkX
North CarolinaX
North DakotaX
A developer must obtain a Right-of-Way Permit from the North Dakota Department of Trust Lands to construct transmission lines on state lands.
A developer must obtain a Utility Occupancy Permit from the North Dakota Department of Transportation to construct a transmission project in a state highway right-of-way. N.D. Century Code § 24-01, NDDOT Utility Occupancy Webpage.
Utilities have eminent domain power to take private property, when necessary, for the construction of transmission lines, pursuant to N.D. Century Code § 32-15-01(2).
OhioX
State agency with jurisdiction over the land.
A developer must obtain a right-of-way easement or lease from the appropriate state agency if the proposed project will be located in, on, or above State-owned real property.
A developer must obtain a permit to “use or occupy” a portion of a state road or highway right-of-way.  O.R.C. § 5515.01.  This may include a Roadway Usage Permit, a Commercial Access Permit, and/or a Utility Permit.
County boards of trustees or county commissioners have the power of eminent domain to take private property, if necessary, for public use of developing transmission lines. O.R.C. § 306.36.
OklahomaX
OregonX
PennsylvaniaX
Rhode IslandX
South CarolinaX
South DakotaX
 A developer of an “electrical facility” must obtain a state land easement/right-of-way certificate for projects proposed across any school or public lands from the South Dakota Department of School and Public Lands. 49 S.D. § 32-1, 49 S.D. § 7-16.
A developer must obtain a Utility Permit from the South Dakota Department of Transportation to install, relocate, or expand utility facilities on or near an interstate or non-interstate highway right-of-way.  70:04 S.D. §§ 05-05.01.
A utility constructing a transmission line that has obtained an Energy Facility Permit is entitled to the power of eminent domain. S.D. § 21-35-1.1.
TennesseeX
VermontX
VirginiaX
WashingtonX
West VirginiaX
WisconsinX
A developer must obtain a Utility Permit to construct, operate, and maintain utility facilities within a state trunk highway right-of-way. 66 Wis. Stat. § 66.0831.
A "Wisconsin corporation engaged in the business of transmitting or furnishing heat, power or electric light for the public" may exercise eminent domain power "for the construction and location of its lines" pursuant to 32 Wis. Stat. § 32.02(5)(b). A rural electric cooperative association may exercise eminent domain power to generate, distribute, or furnish electric energy pursuant to 32 Wis. Stat. § 32.02(10). Generally a transmission developer may not utilize its eminent domain power for transmission projects requiring a Certificate of Public Convenience and Necessity (CPCN) from the Wisconsin Public Service Commission (WPSC) until after the developer receives the CPCN. 32 Wis. Stat. § 32.03(5)(a). For lower voltage lines where a Certificate of Authority (CA) is required, the developer may begin easement negotiations before the CA has been granted by the WPSC. Wisconsin Right-of-Ways Overview, at p. 4.
WyomingX

Bulk Transmission Transmission Comparison

Requirements for transmission and interconnection depend largely on the chosen location of the transmission lines. The developer may be required to acquire a federal right-of-way, obtain approval from state or local governments, or go through a state encroachment process.

If the developer will need to connect transmission lines to the grid, then they must obtain an interconnection agreement. The Federal Energy Regulatory Commission (FERC) requires all public utilities that own, control, or operate facilities used for transmitting electric energy in interstate commerce to have on file standard procedures and a standard agreement for interconnecting generators. If the project will interconnect with the Electric Reliability Council of Texas (ERCOT), then the transmission process is particularly unique and specific rules and procedures will apply.

The Federal Power Act (FPA) directs the Department of Energy to deal with transmission congestion problems through designating geographic areas of special significance where consumers have been negatively affected called National Interest Electric Transmission Corridors. The designation could provide FERC with limited siting authority pursuant to the FPA under certain circumstances.

The developer will be required to obtain a federal right-of-way if transmission lines will go through federal lands. If the project will be located on state lands, then the developer will need to get the approval of any relevant state or local authority. This generally requires the developer to obtain an encroachment permit. Any access needed through private lands will require negotiation for right-of-way access or eminent domain proceedings.
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Topic to Compare

State or Preemptive Authority
Transmission Siting Agency
Transmission Siting Process
Transmission Siting Threshold
Siting Act
Regulated Entity Definition
Public Utility Regulatory Authority Certification for Transmission Threshold
Permit Authorization
Permit Processing Timeframe
AlaskaX
Regulatory Commission of Alaska
A "public utility" or "utility" includes every corporation whether public, cooperative, or otherwise, company, individual, or association of individuals, their lessees, trustees, or receivers appointed by a court, that owns, operates, manages, or controls any plant, pipeline, or system for furnishing, by generation, transmission, or distribution, electrical service to the public for compensation.
Commencement of utility operations and receiving compensation for providing servces to customers.
ArizonaX
The Transmission Line Siting Committee may assert preemptive authority over local authorities if compliance with local ordinances, master plan or regulation is unreasonably restrictive and compliance is not feasible in view of technology available.
Arizona Corporation Commission, Arizona Transmission Line Siting Committee
Any utility planning to construct a transmission line designed to operate at 115kV or more must file an application for a Certificate of Environmental Compatibility prior to construction. A “utility” is defined, in part, as “any person engaged in the…transmission of electric energy.” “Person is defined as “any state or agency, or political subdivision thereof, or any individual, partnership, joint venture, corporation, city or county, whether located within or without this state, or any combination of such entities.”
Transmission lines with a voltage of 115kV or greater
Certificate of Environmental Compatibility (CEC)
In general, the TLSC has 180 days from the date the application is filed to either issue or deny a CEC application. Once the TLSC has made a decision, the application is forwarded to the ACC for review. The ACC then has between 30-60 days to confirm, deny or modify the proposed CEC.
CaliforniaX
Local jurisdictions acting pursuant to local authority are preempted from regulating electric power line projects constructed by public utilities subject to the California Public Utility Commission’s (CPUC) jurisdiction, the public utilities shall consult with local governments concerning land use matters.
California Public Utilities Commission, California Energy Commission, California Public Utilities Commission, California Energy Commission
A electric public utility must obtain a Permit to Contruct from the California Public Utilities Commission before constructing certain power lines., A electric public utility must obtain a Permit to Contruct from the California Public Utilities Commission before constructing certain power lines.
Electric power lines that are designed to operate between 50kV and 200kV., Electric power lines that are designed to operate between 50kV and 200kV.
Transmission line facilities of 200kV and higher are required to obtain a Certificate of Public Convenience and Necessity from the California Public Utilities Commission., Transmission line facilities of 200kV and higher are required to obtain a Certificate of Public Convenience and Necessity from the California Public Utilities Commission.
Certificate of Public Convenience and Necessity (CPCN), and California Environmental Quality Act (CEQA) environmental analysis depending on voltage and whether the utility is investor-owned.
There is no statutorily defined timeframe for approval., There is no statutorily defined timeframe for approval.
ColoradoX
Transmission permitting involves both state and local governments. However, the Colorado Public Utilities Commission may preempt local government decisions if certain conditions are met.
Local governments, Colorado Public Utilties Commission (during appeals)
Varies by local government, but developers are required to notify all local governments of plans to site a transmission facility within the jurisdiction of the local government. This notice must take place before the developer files a request for a Certificate of Public Convenience and Necessity from the Colorado Public Utilities Commission. After notifying the affected local governments, the developer must consult with the affected local governments to identify routes and locations considered for the siting of the transmission facility.
Varies by local government.
None
Public utilites and certain cooperative electrical associations must obtain a Certificate of Public Convenience and Necessity from the Colorado Public Utilities Commission for new construction and extension of transmission facilities.
The Commission must issue a decision on the Certificate of Public Convenience and Necesity within 60 days from accepting a complete application. Local governments must make a final decision regarding transmission siting within 120 days of the utility's submission of a prelimary application, or within 90 days after submission of a final application.
HawaiiX
The Hawaii Public Utilities Commission has primary authority over siting transmission lines by public utilities.
Hawaii Public Utilities Commission, local governments
Public utilities must obtain a Utility Permit to construct, maintain, or reconstruct transmission activities.
None
Public utilities must obtain transmission line approval from Hawaii Public Utilities Commission to interconnect to the existing grid.
IdahoX
The Idaho Public Utilities Commission (IPUC) has authority to preempt local governments land use decisions pertaining to facilities within a National Interstate Electric Transmission Corridor (NIETC). If NIETC not present then a local land use permit would be required from the local government(s) affected, If NIETC is present, then a Route Permit or Certificate of Public Convenience and Necessity (CPCN) would be required from the IPUC.
Local governments, Idaho Public Utilities Commission
Transmission projects require local siting approval and may require a Route Permit from the IPUC.
Local permits: vary by local government entity and are triggered by zoning variance, building or special/conditional uses. Route Permit: Location within a NIETC and voltage of 115kV or greater.
Idaho Statutes Title 61 Chapter 17 §61-1703 (For transmission lines within a NIETC)
Any “electric corporation” seeking to construct a transmission line, plant, or system must receive a Certificate of Public Convenience and Necessity from the Idaho Public Utilities Commission (IPUC) before beginning construction.
For a proposed transmission line located outside a NIETC: CPCN from the IPUC, and local land use permits. For a proposed transmission line located inside a NIETC: A Route Permit is required instead of a CPCN.
IllinoisX
Illinois does not have a state comprehensive siting process for transmission facilities.
A “public utility” is defined to include “…every corporation, limited liability company, association, … partnership, or individual…that owns, controls, operates or manages, within in the State, directly or indirectly, for public use, any plant, equipment or property used or to be used for or in connection with, or owns or controls…the production, storage, transmission, sale, delivery or furnishing of heat, cold, power, electricity, water, or light…” 220 I.L.C.S § 5/3-105(a)-(a)(1).
A public utility must obtain a Certificate of Public Convenience and Necessity (CPCN) “…prior to the construction of any new plant, equipment, property or facility…” 220 I.L.C.S § 5/8-406.
There is no statutorily defined timeframe for permit processing of a CPCN, unless the Application meets the requirements of an expedited review process. ICC must issue its decision on an expedited Application within 150 days after the Application is filed. 220 I.L.C.S § 5/8-406.1(g).
IndianaX
Local governments maintain authority over the construction of high-voltage transmission lines.
Local authorities.
A developer must obtain siting permission from the applicable local government to construct high-voltage transmission lines.
Depends on local authority.
Indiana does not have a state siting act.
A "new electric transmission owner" is defined as "...a corporation, company, partnership, limited liability company, or other organization that on the date of its incorporation or organization, does not own, operate, or maintain an electric transmission facility located in whole or in part in Indiana, and is incorporated or organized to construct, own, operate, and maintain an electric transmission facility located in whole or in part in Indiana." I.C. § 8-1-38-4.
A new transmission electric transmission owner must obtain approval to operate as a public utility in the state. Indiana Code § 8-1-38.
There is no statutorily defined timeframe for approval.
IowaX
Iowa Utilities Board has safety and siting authority over transmission lines.
A developer must obtain an Electric Transmission Line Franchise to site and construct transmission lines in Iowa. Iowa – Iowa Code §§ 478 et seq., Electric Transmission Lines, Iowa Admin. Code § 199.11.
69 kV or greater I.C. § 478.1(3).
Iowa does not have state specific siting act.
Iowa does not require other approval from the public utility commission for transmission projects.
Iowa does not require other approval from the public utility commission for transmission projects.
There is no statutorily defined timeframe for approval.
KansasX
Kansas Corporation Commission has the authority to regulate electric transmission lines.
An electric utility must obtain a Transmission Siting Permit before beginning site “…preparation, construction of an electric transmission line, or exercise of the right of eminent domain…” for electric transmission line projects that are 230 kV or greater and at least 5 miles in length. K.S.A. §§ 66-1178.
Electric transmission line projects that are 230 kV or greater and at least 5 miles in length.
An "electric utility" means every public utility which owns, controls, operates, or manages any equipment, plant, or generating machinery for the production, transmission, delivery, or furnishing of electricity or electric power. K.S.A. §§ 66-1177(a). A public utility includes ""...all companies for the production, transmission, delivery or furnishing of heat, light, water or power."" K.S.A. §§ 66-104(a).
Kansas does not require other approval from the public utility commission for transmission projects.
Kansas Corporation Commission will issue a final order regarding a Transmission Siting Permit within 120 days of the application filing date. K.S.A. §§ 66-1180.
MichiganX
If the Michigan Public Service Commission (MPSC) grants a Certificate of Public Convenience and Necessity (Certificate), that Certificate takes precedence over conflicting local ordinances, laws, rules, regulations, policies, or practices that prohibit or regulate the location or construction of a transmission line for which the MPSC has issued a Certificate. MCL § 460.570(1).
Michigan does not have a state comprehensive siting process for transmission facilities.
Michigan does not have a state comprehensive siting process for transmission facilities.
An "affiliated transmission company" means a person, partnership, corporation, association, or other legal entity, or its successors or assigns, which has fully satisfied the requirements to join a regional transmission organization as determined by the federal energy regulatory commission, is engaged in Michigan this state in the transmission of electricity using facilities it owns that were transferred to the entity by an electric utility that was engaged in the generation, transmission, and distribution of electricity in this state on December 31, 2000, and is not independent of an electric utility or an affiliate of the utility, generating or distributing electricity to retail customers in this state. MCL § 460.562(a).

An “electric utility” means a person, partnership, corporation, association, or other legal entity whose transmission or distribution of electricity the MPSC regulates. MCL § 460.562(e).

An “independent transmission company” means a person, partnership, corporation, association, or other legal entity, or its successors or assigns, engaged in this state in the transmission of electricity using facilities it owns that have been divested to the entity by an electric utility that was engaged in the generation, transmission, and distribution of electricity in this state on December 31, 2000, and is independent of an electric utility or an affiliate of the utility, generating or distributing electricity to retail customers in this state. MCL § 460.562(f).
A “major transmission line” which is a transmission line of 5 miles or more in length that is wholly or partially owned by an electric utility, affiliated transmission company, or independent transmission company and through which electricity is transferred at system bulk supply voltage of 345 kilovolts or more. MCL §§ 460.562, 460.565.
There is no statutorily defined timeframe for approval.
MinnesotaX
The Minnesota Public Utility Commission’s authority to issue Route Permits for “… high-voltage transmission lines supersedes and preempts all zoning, building, or land use rules, regulations, or ordinances promulgated by regional, county, local and special purpose government.” Minn. Stat. § 216E.10(1).
A developer must obtain a Route Permit to construct or operate a high-voltage transmission line that operates at 100 kilovolts or more. Minn. Stat. § 216E.03(2).
100 kilovolts or more.
A "large energy facility" includes "…any high-voltage transmission line with a capacity of 200 kilovolts or more and greater than ten (10) miles of its length in Minnesota or that crosses a state line…" or "…any high-voltage transmission line with a capacity of 200 kilovolts or more and greater than 1,500 feet in length…." Minn. Stat. § 216B.2421(2)(2)-(3).
A developer must obtain a Certificate of Need from the Minnesota Public Utilities Commission to site or construct a large energy facility. Minn. Stat. § 216B.243(2).
Within twelve (12) months of the submission of the Certificate of Need Application, the Minnesota Public Utilities Commission (MPUC) must make a determination to either approve or deny a Certificate of Need. The MPUC may extend the time period upon receiving the consent of the parties or on its own motion, for good cause, by issuing an order explaining the good cause justification for extension. Minn. Stat. § 216B.243(5).
MissouriX
Missouri does not have a comprehensive siting process.
Missouri does not have a comprehensive siting process.
Missouri does not have state specific siting act.
An “electric corporation” includes an owner or operator of an electric plant . . . furnishing or transmitting electricity for light, heat, or power. Mo. Rev. Stat. § 393.140.1, Mo. Rev. Stat. § 386.020. An “electric plant” is defined as “. . . all real estate, fixtures and personal property operated, controlled, owned, used or to be used for or in connection with or to facilitate the generation, transmission, distribution, sale or furnishing of electricity for light, heat or power, and any conduits, ducts or other devices, materials, apparatus or property for containing, holding or carrying conductors used or to be used for the transmission of electricity for light, heat or power.” Mo. Rev. Stat. § 386.020(14).
An electrical corporation must obtain a Certificate of Convenience and Necessity (CCN) from the Missouri Public Service Commission prior to constructing an electric plant. Mo. Rev. Stat. § 393.170.1.
There is no statutorily defined timeframe for approval.
MontanaX
The Montana Department of Environmental Quality (MDEQ) has the authority to approve or deny the required Certificate of Compliance and can refuse to apply any local law or regulation if MDEQ determines that, when applied to the proposed facility, the law or regulation is unreasonably restrictive in view of the existing technology, of factors of cost and economics, or of the needs of consumers.
Montana Department of Environmental Quality
A regulated transmission facility must obtain a Certificate of Complaince before constructing a facility, which includes electric transmission lines and associated facilities. MCA 75-20-104(8).
Trasmission facilities with a design capacity of more than 69 kV
Montana Major Facility Siting Act (MFSA)
NebraskaX
Nebraska Public Service Commission for certain lines outside any incorporated city or village. 75 N.R.S. §§ 709-710.
Nebraska Public Service Commission approval is necessary for transmission and distribution lines (and increases in voltage of existing lines) that meet certain specifications. 75 N.R.S. § 710, 291 N.A.C. § 002.01
Transmission lines that exceed 1,500 volts that will be located within a quarter mile of any existing electric line or are in excess of 700 volts that will be located within 500 feet of any existing electric lines or railroad signal lines. 75 N.R.S. § 710, 291 N.A.C. § 002.01.
Nebraska does not have a state siting act.
An electric supplier is “any legal entity supplying, producing, or distributing electricity within the state for sale at wholesale or retail.” 70 N.R.S. § 1001.01(2). An electric supplier also includes private electric suppliers “producing electricity from a privately developed renewable energy generation . . . .” 70 N.R.S. § 1001.01(3).
Any electric generating facility, or transmission line, or related facilities constructed or acquired by any electric supplier “carrying more than seven hundred (700) volts” must first receive Nebraska Power Review Board approval. 70 N.R.S. § 1012(1), 285 N.A.C. § 2-002.
Nebraska Power Review Board must make a decision to approve or deny the NPRB – Transmission Application within 60 days after the conclusion of the hearing. 70 N.R.S. § 1013(1).
NevadaX
The Nevada Public Utilities Commission has exclusive jurisdiction with regard to the determination of whether a need exists for a utility facility.
Nevada Public Utilities Commission (PUCN), local government
Any person who will own, control, operate, or maintain a public utility must obtain a Certificate of Public Convenience and Necessity (CPCN) from the Public Utilities Commission of Nevada (PUC) before constructing the facility.
Certificate of Public Convenience and Necessity
The PUCN will grant or deny an application within 150 days after an application is filed (for applications not requiring federal review).
New MexicoX
No Location Permit may be approved by the New Mexico Public Regulations Commission (NMPRC) that violates an existing state, county, or municipal land use statutory or administrative regulation unless NMPRC finds that the regulation is "unreasonably restrictive and not in the interest of the public convenience and necessity.
New Mexico Public Regulation Commission, Local authorities
Any person proposing to construct transmission lines with a capacity of 230kV or more must file an Application for a Location Permit with the NMPRC.
Transmission lines 230 kV or more
New Mexico Statutes (N.M.S.) 62-9-1, 62-9-3(B), and 62-9-3.2
A public utilty proposing to develop a high voltage transmission line must first obtain a Certificate of Public Convenience and Necessity from the New Mexico Public Regulatory Commission. NM Stat. 62-9-1(A).
Certificate of Public Convenience and Necessity (CPCN) and Location Permit required through NMPRC. Local governments typically require planning and zoning variance and special use permits.
North DakotaX
The North Dakota Public Service Commission has siting authority over transmission lines. N.D. Century Code § 49-22.
A developer must obtain a Certificate of Site or Corridor Compatibility and a Route Permit (also referred to as a Transmission Facility Siting Permit) from the North Dakota Public Service Commission prior to constructing or operating transmission lines that carry voltages in excess of 115 kVs and that extend one or more miles in length. N.D. Century Code § 49-22-07, N.D. Century Code § 49-22-08.1.
Electric transmission lines that are 115 kV or greater and at least 1 mile in length.
An "electric transmission provider" is defined as, “an owner or operator, other than a rural electric cooperative, of a transmission line the costs of which are recovered directly or indirectly through transmission charges to an Electric Public Utility.” N.D. Century Code § 49-03-01.5(4). An "electric public utility" is defined as, “a privately owned supplier of electricity offering to supply or supplying electricity to the general public.” N.D. Century Code § 49-03-01.5(2). An "electric transmission line" is defined as, “facilities for conducting electric energy at a design voltage of one hundred fifteen kilovolts or greater phase to phase and more than one mile [1.61 kilometers] long.” N.D. Century Code § 49-03-01.5(3).
An electric transmission provider may not begin construction or operation of an electric transmission line interconnecting with an electric transmission line owned or operated by an electric public utility without first obtaining a Certificate of Public Convenience and Necessity from the North Dakota Public Service Commission. N.D. Century Code § 49-03-01(2).
There is no statutorily defined timeframe for approval.
OhioX
The Ohio Power Siting Board has sole authority to approve the construction and initial operation of a major utility facility. O.R.C. § 4906.98(A).
A "major utility facility" must obtain a Certificate of Environmental Compatibility and Public Need prior to preparing a site for the construction of an electric transmission line.  O.R.C. § 4906.04, O.R.C. § 4906.98(A)
125 kV or greater
A "major utility facility" is an electric generating plant and associated facilities designed for, or capable of, operation at a capacity of 50 megawatts or more, or a electric transmission line and associated facilities of a design capacity of 125 kilovolts or more. O.R.C. § 4906.1(b)(1).
Ohio does not require other approval from the public utility commission for transmission projects.
The Ohio Power Siting Board must approve or deny the Certificate Application within a reasonable period of time of the hearing. O.R.C. § 4906.11.
OregonX
A Site Certificate from the Energy Facility Siting Council (EFSC) preempts all other Oregon law and “shall bind the state and all counties and cities and political subdivisions in this state as to the approval of the site and the construction and operation of the facility. However, the EFSC does not have jurisdiction over matters delegated by the federal government to other state agencies.
Oregon Energy Facility Siting Council, Local Governments (Counties and Municipalities) if chosen by the applicant to make a decision as to compliance with local land use policies or if the facility is under local jurisdiction.
A energy facility must obtain a Site Certificate prior to construction.
“Energy facilities” as defined as “ a high voltage transmission line of more than 10 miles in length with a capacity of 230kV or more to be constructed in more than one city or county in Oregon."
A developer proposing to construct an overhead transmission line which will require the condemnation of land or an interest in the condemnation of land, they must petition the Oregon Public Utility Commission for a Certificate of Public Convenience and Necessity.
South DakotaX
An Energy Facility Permit for a transmission facility may supersede or preempt any local land use, zoning, or building rules, regulations, or ordinances upon a finding by the South Dakota Public Utilities Commission that such rules, regulations, or ordinances are unreasonably restrictive. 49 S.D. § 41B-28.
A developer may need to obtain an Energy Facility Permit prior to constructing an “energy conversion facility” or “transmission facility.” 49-41B S.D. § 4.
Transmission capacity of more than 115 kV or generating capacity of more than 100 mW.
South Dakota does not have a state specific comprehensive siting act for transmission lines.
A "transmission facility" is "an electric transmission line and associated facilities with a design of more than one hundred fifteen (115) kilovolts." 49-41B S.D. § 2.1(1).
South Dakota does not require approval from the state public utility authority.
South Dakota Public Utilities Commission must make a decision whether to grant, deny, or grant upon conditions the permit within one year of receiving the application. 49-41B S.D. § 24.
UtahX
however, it may require the local government to alter its conditions or requirements., The Utah Public Service Commission does not have direct siting authority over high-voltage transmission lines. The Utah Facility Review Board cannot preempt a local siting decision
Local Governments (Counties and Municipalities), Utah Facility Review Board
Varies by local government.
Varies by local government for transmission lines with a capacity of less than 230kV.
An electric corporation “may not establish, or begin construction or operation of a line…or any extension of a line” without first obtaining a Certificate of Public Convenience and Necessity from the Utah Public Service Commission. T Utah Code Ann. 11-13-304(2)(b).
WashingtonX
The Energy Facility Site Evaluation Council (EFEC)l has preemptive authority over all other state and local agencies
Washington Energy Facility Site Evaluation Council, Local governments
A developer may need to obtain a Site Certification Agreement from the Washington State Energy Facility Site Evaluation Council to construct or modify a energy facility.
Projects may be permitted under the EFSEC process for transmission projects that are 115kV and higher voltage in which the developer opts-in to the state process, or a transmission line is located within a National Interstate Electric Transmission Corridors (NIETC)
Energy Facility Site Location Act
"An ""energy facility"" includes energy plants and transmission facilities. RCW 80.50.020. EFSEC must evaluate a proposed project, before approval, to ensure that all environmental and socioeconomic impacts are considered.
WisconsinX
Wisconsin Public Service Commission has primary siting authority over transmission lines.
The Wisconsin Public Service Commission has two separate review processes for transmission projects. The process required depends on the voltage, length, and cost of the project.
An electric public utility is defined as “…every corporation, company, individual, association…town, village, or city that may own, operate, manage or control…all or any part of a plant or equipment within the state, for the production, transmission, delivery or furnishing of heat, light, water, or power either directly or indirectly to or for the public.” 196 Wis. Stat. §196.01(5)(a)-(b).
A developer may need a Certificate of Authority (CA) or a Certificate of Public Convenience and Necessity (CPCN) from the WPSC to construct a new electric transmission facility. CPCN: 100 kV or more that exceed 1 mile in length. CA: required to render new electric retail service in a municipality, to interconnect a transmission system with another electric utility, or to construct an electric utility facility.
CPCN: WPSC must make a determination on a CPCN within 180 days after the application is considered complete. CA: WPSC must take final action on the application within 180 days after WPSC issues a notice of hearing on the application. 196 Wis. Stat. § 196.49(5r)(a), 196 Wis. Stat. § 196.491(g)
WyomingX
The Wyoming Infrastructure Authority has jurisdiction over transmission projects within the state, and has the authority to preempt local decisions regarding transmission siting and construction.
Wyoming Infrastructure Authority
A developer must obtain a permit from the Industrial Siting Council (ISC) for projects that qualify as an “industrial facility.” See Wyo. Stat. § 35-12-106(a).
An “industrial facility” is defined to include any facility whose estimated construction costs are at or above the threshold listed in Wyo. Stat. § 35-12-102(a)(vii) (the current threshold is $198,000,000 and is updated twice a year).
Public utilities must obtain a Certificate of Public Convenience and Necessity from the Wyoming Public Service Commission before constructing a transmission line.
WISA Permit (Section 107 and Section 109)

Bulk Transmission Environmental Review Comparison

A typical utility-scale solar project will raise numerous environmental issues that require permitting and/or regulatory approval from federal and state agencies. The environmental law in the United States is governed by federal law that is administered by both federal and state agencies, as well as state environmental laws that either complement federal law or go above and beyond it. The federal government and individual states may require reviews, permits or approvals for cultural resources, biological resources, sensitive land use, water resources, air quality and hazardous waste and materials management and disposal.

Topic to Compare

Environmental Review Process
Environmental Review Regulatory Agency
Environmental Review Threshold
Applicable Memorandum of Understanding
AlaskaX
Developers must participate in a best interests finding for certain projects. The best interests finding is a written analysis that describes for the public the facts and applicable law that are relevant to the disposal and gives a decision based on certain factors.
Alaska Department of Natural Resources
A best interest finding is required if the project requires the State of Alaska to sell, lease, or otherwise dispose of state land.
No.
ArizonaX
Certificate of Environmental Compatibility
Arizona Corporation Commission, Arizona Transmission Line Siting Committee
CaliforniaX
Proposed transmission project of 200 kV or higher, that require a Certificate of Public Convenience and Necessity and those proposed projects of 50 kV to 200 kV, that require a Permit to Construct must comply with the California Environmental Quality Act.
California Public Utilities Commission
200 kV or higher, and 50 kV to 200 kV tranmission projects
No.
ColoradoX
Colorado does not have a state specific environmental review process.
FederalX
United States Forest Service, Bureau of Land Management, Department of Energy, United States Department of Defense, U.S. Army Corps of Engineers, U.S. Department of Agriculture
HawaiiX
Hawaii's State Environmental Policy Act requires a environmental asssessment, unless exempt, of most proposed projects, and if the impact of the proposed project is significant the project must undergo the environmental impact statement process.
Hawaii Department of Health Office of Environmental Quality Control
Any project proposing to use state or county lands or funds, or lands within conservation districts, shoreline areas, historic sites, in the Waikiki Special District or proposals for a...waste-to-energy facility or power generating facility according to Hawaii Revised Statutes Chapter 343-5, unless otherwise exempt.
No.
IdahoX
Idaho does not have a state specific environmental review process.
IllinoisX
Illinois does not have a state specific environmental review process.
No.
IndianaX
Indiana has a state specific environmental review process, but the review does not apply when state agencies are issuing permits or licenses.
No.
IowaX
Iowa does have a state specific environmental review process.
No.
KansasX
Kansas does not have a state specific environmental review process.
No.
MassachusettsX
MichiganX
Michigan does have a state specific environmental review process.
No.
MinnesotaX
Bulk transmission projects must comply with the Minnesota Environmental Policy Act. The scope of the environmental review depends on the size of the project and the lead agency in charge. Depending on the type of project the lead agency may issue either an Environmental Report, Environmental Assessment, or an Environmental Impact Statement to assist in the decision to issue a Certificate of Need or Route Permit.
Minnesota Department of Commerce
"Any governmental action or project the results of which would cause physical manipulation of the environment, directly or indirectly...." Minn. Stat. § 116D.04, Minnesota – Minn. Admin. R. §§ 4410 et seq., Environmental Review.
No.
MissouriX
Missouri does not have a state specific environmental review process.
No.
MontanaX
If a project requires a state agency action, the agency and the developer must comply with the Montana Environmental Policy Act (MEPA) unless the activities are otherwise exempt/excluded under MEPA.
Montana Department of Environmental Quality, Montana Environmental Quality Council
If a state agency action is required.
No.
NebraskaX
Nebraska does not have a state specific environmental review process.
No.
NevadaX
Utility facilities must go through a Utility Environmental Protection Act review prior to commencing construction.
Nevada Public Utilities Commission
Utility facilities. A utility facility includes electric transmission lines and substations that are designed to operate at 200 kV or more constructed outside of any incorporated city.
No.
New HampshireX
New MexicoX
New Mexico does not have a state specific environmental review process.
North CarolinaX
North DakotaX
North Dakota does not have a state specific environmental review process.
No.
OhioX
Ohio does not have a state specific environmental review process.
No.
OregonX
Oregon does not have a state specific environmental review process.
PennsylvaniaX
Rhode IslandX
South CarolinaX
South DakotaX
Most development projects may need to go through a state environmental review. 34A-9 S.D. § 1 et seq.  The South Dakota Environmental Policy Act (SDEPA) requires state agencies to study the environmental consequences of their actions, including permitting and financial assistance, and to take all feasible measures to avoid, minimize, and mitigate damage to the environment.  SDEPA Memorandum, at p. 1.
South Dakota Department of Environmental and Natural Resources
Any new or continuing project or activity directly undertaken by any public agency, or supported in whole or in part through contracts, grants, subsides, loans, or other forms of funding assistance from one or more public agencies, or the issuance by one or more public agencies of a lease, permit, license, certificate, or other public entitlement to an applicant (developer). 34A-9 S.D., § 2
No.
TexasX
None
None
UtahX
Utah does not have a state specific environmental review process.
WashingtonX
The Washington State Environmental Policy Act (SEPA) requires all governmental agencies to consider the environmental impacts of a proposal before making decisions.
Washington Department of Natural Resources
Any state or local agency decision that meets the definition of project action or non project action and is not categorically exempt. Project actions include agency decisions to license, fund, or undertake a specific project, purchase, sell, lease, transfer or exchange natural resources, including publicly owned land, whether or not the environment is directly modified. Nonproject actions involve decisions on policies, plans, or programs.
No.
West VirginiaX
WisconsinX
For bulk transmission projects the lead agencies responsible for complying with the Wisconsin Environmental Policy Act (WEPA) will generally initiate an environmental assessment and/or environmental impact statement when reviewing the proposed project for a Certificate of Public Convenience and Necessity and/or a Certificate of Authority.
Wisconsin Public Service Commission, Wisconsin Department of Natural Resources
Unless exempt, . . . "major agency actions, . . . "including but not limited to licensing, permitting, and leasing decisions . . . significantly affecting the quality of the human environment must comply with WEPA." 1 Wis. Stat.§ 1.11, N.R. 150 Wis. Stat. §§ 150.04
No.
WyomingX
Wyoming Industrial Siting Act (WISA) Permit
Industrial Siting Council