Commissioners Not Happy About Pipelines In County Right-Of-Way

By Gordon HopkinsJefferson County Commissioners have been asked to approve a permit for a natural gas pipeline to occupy the right-of-way along a county road. While the commissioners may not have any choice, they made clear they are not happy about the situation.Commissioner Mark Schoenrock said at a meeting on Tuesday, April 16, 2024, “I would like it to be made a matter of the record that I am not in favor of this, but if there is a Nebraska statute, then the board doesn’t have any choice but to go ahead and approve this.”Schoenrock also noted, “Two constituents in my district call me about this. They’re not happy with this at all.” Tallgrass Energy has begun work in Jefferson County on laying the approximately 20 miles of 36-inch pipe that will make up the Rockies Express natural gas pipeline that will span from Wyoming to Ohio, traversing much of Nebraska, including through the northern part of Jefferson County. Once complete, the pipeline is expected to carry up to 800,000 dekatherms (one million Btu) a day.Tallgrass has been forced to consider a reroute of the pipeline due to the objections of a single landowner. While representatives of Tallgrass say they still hope to come to an agreement with the landowner, the company has prepared the alternate route should negotiations fail.That alternate route includes a portion of the right-of-way of 575 Avenue. According to Nebraska Revised Statute 57-1102, “Any such person, company, corporation, or association, in the laying, relaying, operation, and maintenance of any such pipeline within the State of Nebraska, shall have the right to enter upon and cross, with such pipeline, any public road or highway, under such reasonable regulations and restrictions as may be prescribed by the Department of Transportation, if it is a state or federal highway, or by the county board of each county, as to all other public roads and highways within such county, and shall also have the right to lay, relay, operate, and maintain such pipeline in and along any public road or highway.”County Attorney Joseph Casson noted that, “We can’t prevent them, but we can make reasonable requests and regulations regarding how they put it in.” Commissioners spoke with a representative of Tallgrass during that meeting by telephone. While Tallgrass had been expecting the permits to be approved that day, commissioners opted to wait another week at the suggestion of the county attorney.Casson recommended getting certain conditions in writing, such as signage and a road agreement, before approving the permit.“One of the things we’re starting to run into when we permit projects,” said Casson. “The question comes up, ‘Well, what if they don’t do what it says?’ You know, what’s the consequence?”Commission Chair Gale Pohlmann said, “I agree. So, basically, what you’re saying is we need a road agreement with them before we allow this?”Casson responded, “Absolutely.”Tallgrass representatives have previously assured commissioners that roads will be returned to their original or better condition.No action was taken at the meeting. The matter was placed on the agenda for a meeting on April 23, 2024.Rerouting of traffic will be required during construction. This project is expected to be completed by July 12, 2024.

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