North Dakota Century Code

N.D. Cent. Code § 49-22-07 (2026)

Certificate of site compatibility or route permit required

✓ current as of May 2026

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1. A utility may not begin construction of an electric energy conversion facility or an electric transmission facility in the state without first having obtained a certificate of site compatibility or a route permit from the commission pursuant to this chapter. The facility must be constructed, operated, and maintained in conformity with the certificate or permit and any terms, conditions, or modifications of the certificate or permit. A certificate or permit may be transferred, subject to the approval of the commission, to any person who agrees to comply with its terms, conditions, and modifications.

2. If a power emergency exists which necessitates the relocation of a portion of an electric transmission line and associated facilities from the designated route, the owner of the line shall give telephonic notice to the commission in advance of the relocation. The line may then be relocated to restore power as soon as practicable. After the line has been relocated, the owner shall file with the commission a request to approve the relocated route.

3. A wind energy conversion facility that has not been issued a certificate of site compatibility and exceeds five megawatts of electricity may not repower the wind energy conversion facility without first having obtained a certificate of site compatibility. A variance may be granted for impacts to exclusion and avoidance areas resulting from the repowering of existing infrastructure upon a showing of good cause. A requested variance must comply with local land use, zoning, building rules, regulations, and ordinances.

Notes of Decisions

Cited in 3 cases, 1978–2012 · leading case: United Power Ass'n v. Moxness, 267 N.W.2d 814 (N.D. 1978).

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United Power Ass'n v. Moxness, 267 N.W.2d 814 (N.D. 1978). · cites it 6× “" Section 49-22-07, NDCC. Some provisions of the Act did not become effective until implementing rules and regulations were adopted.”

Minnkota Power Coop., Inc. v. Anderson, 2012 ND 105 (N.D. 2012). · cites it 2× “The court also held, under N.D.C.C. § 49-22-07, the right of eminent domain attaches to the construction of energy lines once the Public Service Commission has issued a certificate of site compatibility, and Minnkota was issued such a certificate.”

Otter Tail Power Co. v. Demchuk, 314 N.W.2d 298 (N.D. 1982). “The property owners here argue inconsistently that the certificate from the Public Service Commission granted Otter Tail authority, under § 49-22-07, NDCC, limited to a transmission line capacity of 230 kilovolts.”

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