RAPID/BulkTransmission/Missouri/Land Access

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RAPIDRegulatory and Permitting Information Desktop Toolkit

Missouri Bulk Transmission Land Access(3-MO)

In Missouri, a developer may need approval from the Missouri Board of Public Buildings to cross state lands.Mo. Rev. Stat. § 37.005.9. A developer may also need a Right-of-Way Construction Permit from the Missouri Department of Transportation to install, relocate, or maintain a utility on a state highway right-of-way. § 643.3.1.

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Determine Which State and Federal Permits Apply

Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.

Permitting at a Glance

Missouri Federal

Right of Way Agency: Governor, with approval from Missouri Board of Public Buildings.
State Land Right of Way Process: 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.
State Highway Right of Way Agency: Missouri Department of Transportation
State Highway Right of Way Process: 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.
Eminent Domain: The Missouri Public Service Commission does not have condemnation authority. An electric corporation may identify land for a transmission project and apply to the corresponding county court for condemnation approval. Public utilities and electric cooperatives generally do not have the power to condemn land "currently used by another provider of [a] public utility service" unless "the condemnation is necessary for the public purpose of acquiring a nonexclusive easement or right-of-way across the property of such provider and only if the acquisition will not materially impair or interfere" with current use or prevent future expansion of facilities. Mo. Rev. Stat. § 523.010.

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