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Published 12/09

PIPA Recommended Practices - Draft

This page contains links to the draft “recommended practices” for land use planning around pipelines developed by a taskforce convened by the Pipeline and Hazardous Materials Safety Administration (PHMSA). The taskforce is referred to as the Pipelines and Informed Planning Alliance (PIPA). For further explanation see the main page Planning Near Pipelines.

Index to PIPA Recommended Practices from Draft Final Report, 11/7/08 amended 12/15/09
Links below are to recommended practices which should be considered by local government. The sections have been excerpted from the PIPA Recommended Practices Draft Final Report and appear on this page. Items with () are linked directly to the full text of the recommended practices. Those sections contain recommended practices directed to other stakeholders.
Index to Baseline Recommended Practices (See Note Above)
Number	Recommended Practices
BL01	Transmission Pipeline Mapping Data - In the State of Washington, detailed maps for each county are available from the Pipeline Safety Program of the WUTC. It is critical to remember that maps can be inaccurate: survey errors happen, and sometimes pipelines are actually located outside or near the edge of the easement. The only way to know the precise location of a pipeline is to have the pipeline operator mark its location.
BL02	Practice Deleted
BL03	Information About Development Around Transmission Pipelines - This practice requires pipeline operators to develop guidelines regarding development around pipelines, and communicate that to anyone who is involved in the development process. Because local governments issue development permits, and because local governments often do utility and road work near transmission pipelines, both the planning department and public works department must be familiar with these guidelines
The following two practices, BL04 and BL05, involve the establishment of a consultation zone. This basic concept should be carefully reviewed and considered by every jurisdiction. Implementation of this practice may be the simplest and most effective way to avoid development decisions that jeopardize pipeline safety in your community
BL04	Consultation Zone Ordinance
BL05	Define Consultation Zone
BL06	Local Governments Adopt a Planning Zone for Property Developers/Owners -For communities seeking to extend their pipeline safety regulations to more detailed restrictions on what types of uses can be established within certain distances of a transmission pipeline, and under what specific conditions, the adoption of a planning zone and practices ND11 through ND23 should be considered
The following three practices, BL07, BL08, and BL09, deal with easement documents and their official recording. Local government employees working with real estate records, or who might need to review pipeline easements, should read these practices in the PIPA report. We particularly recommend that government attorneys review BL07 -- it provides an excellent overview
BL07	Understanding the Elements of a Pipeline Easement - Audience: Property Developer/Owner
BL08	Land Records Management - Audience: Property Developer/Owner, Pipeline Operator
BL09	Documenting and Recording Easement Amendments - Audience: Property Developer/Owner, Pipeline Operator
BL10 and BL11 are not discussed on this webpage because those recommended practices do not address issues that would require local government action. For the curious, go to the full PIPA draft report and review those practices. The links are provided below.
BL10	Implement Communications Plan - Audience - Transmission Pipeline Operator
BL11	Effectively Communicate Pipeline Risk and Risk Management Information - Audience Transmission Pipeline Operator
BL12	Notification of Right-of -Way Maintenance Activities - BL 12 explains issues involving maintenance of vegetation along transmission pipeline easements by pipeline operators. In the past few years this issue caused much controversy, primarily in Eastern and Midwestern states where vegetation growth had not been actively monitored by some pipeline operators. Be aware that pipeline operators have the right, and obligation, to control vegetation within their easements, even in situations where local governments own the land. See the PIPA report section to review the practice description.
BL13	Encroachment Prevention and Management - BL13 is not discussed on this webpage because those recommended practices do not address issues that would require local government action. For the curious, go to the full PIPA draft report and review those practices. [provide a link to the draft report here?
BL14	Participate in Organizations Pursuing Improved State Damage Prevention Programs - BL 14 deals with the crucial, national 8-1-1 One-Call System which has been very effective in lessening third party damage to transmission pipelines. These "Call Before You Dig" programs apply to all those who have underground facilities, including local governments with water, sewer, wastewater, or underground telecommunications infrastructure. Local governments can play an important role by making sure that all persons applying for a local government permit that involves land disturbance know about the federally mandated 811 requirements. Local governments doing road work or other construction must follow the state 811 requirements. Washington requirement are in Chapter 19.122 RCW - Underground utilities
BL15	Enhanced Damage Prevention Practices for Excavation near High Priority Underground Facilities - Audience: Pipeline Operator
BL16	Halting Dangerous Excavation Activities near Subsurface Installations - BL16 deals with the most immediate pipeline safety issue: an imminent threat to the pipeline. If a pipeline employee informs any agency or department of a local government that ongoing excavation activity on or near the pipeline creates the possibility of an imminent pipeline rupture, the local government must take all possible action to stop the activity immediately, whether that involves action through the police, fire or building official departments. Local governments should rely on the representations of pipeline employees or officials: they know what constitutes a threat to the integrity of their pipeline facilities. Local governments should consult with legal counsel if time allows, but must not hesitate to make common sense public safety decisions if legal counsel cannot be contacted immediately.
BL17	Mapping Abandoned Pipelines - Audience: Pipeline Operator
BL18	Real Estate Disclosure - BL18 recommends that state law be amended so that all persons purchasing real property crossed by a transmission pipeline easement are clearly informed of the easement prior to closing. This is not yet a requirement in Washington. The information regarding a transmission pipeline easement contained in a typical title report or in closing documents does not clearly communicate to purchasers notice that there is a major energy pipeline on the property. Local government planning and permitting department staff should keep in mind that land owners may not be aware of transmission pipelines on or adjacent to their property. Local government staff who issue permits involving land disturbance should communicate information regarding nearby transmission pipelines and make sure that applicants know the 811 requirements.
Index to New Development Recommended Practices (See Note Above)
ND01	Pipeline Operators and Local Governments Should Provide Information to Property Developers/Owners
ND02	Gather Information for Design near Transmission Pipelines - Audience: Property Developer/Owner, Transmission Pipeline Operator
ND03	Property Developer/Owner Review of Acceptability of Proposed Land Use of the Right-of -Way Prior to Design - Audience: Property Developer/Owner
ND04	Property Developer/Owner Coordination of Development Design and Construction with Pipeline Operator - Audience: Property Developer/Owner, Pipeline Operator
ND05	Practice Deleted
ND06	Local Government Requires Consideration of Transmission Pipeline Facilities in Land Development Design - This practice stresses the need to formally incorporate into the development review process an analysis of safety issues whenever a transmission pipeline is on the land being developed. In Washington this could be accomplished initially by making sure that the presence of a transmission pipeline on the property is an item noted on the SEPA checklist.
ND07	Define Blanket Easement Agreements When Necessary - Though not common, blanket easements can lead to confusion regarding the rights of property owners and pipeline operators. If a local government encounters a proposed development on land involving such an easement, the local government should encourage resolution of this issue prior to issuance of any development permits.
ND08	Developing the Pipeline Transmission Right-of-Way - This recommended practice discusses the range of issues and concerns when a pipeline easement is integrated into another community feature such as a greenway or trail.
ND09	Provide Flexibility to Property Developer for Providing Open Space In Close Proximity to the Right-of-Way of Transmission Pipeline - This recommended practice describes a planning concept used by a number of Washington communities: encouraging setbacks from sensitive areas (in this case a pipeline) by allowing denser development to compensate for the land area devoted to a buffer zone.
ND10	Record Transmission Pipeline Easements on Development Plans and Final Plats
ND 11 through ND 23 provide a thorough listing of safety concerns and planning techniques that should be considered when reviewing various types of development that are proposed near transmission pipelines. Some of the recommended practices would require the adoption of development regulations, but some could be addressed through SEPA mitigation. Planners and local government officials should be familiar with these safety concerns and techniques if they want to ensure that development near transmission pipelines proceeds in a manner that is compatible with the community's tolerance for risk
ND11	Consider the Potential Impact of a Transmission Pipeline Incident in the Design of New Parking Lots and Parking Structures
ND12	Consider the Potential Impact of a Transmission Pipeline Incident in the Design and Location of New Roads
ND13	Consider the Potential Impact of a Transmission Pipeline Incident in the Design and Location of New Utilities and Related Infrastructure
ND14	Consider the Potential Impact of a Transmission Pipeline Incident in the Design and and Location of Aboveground Water Management Infrastructure
ND15	Plan and Locate Vegetation to Prevent Interference with Transmission Pipeline Activities
ND16	Locate and Design Water Supply and Sanitary Systems to Limit Contamination and Excavation Damage
ND17	Consider the Potential Impact of a Transmission Pipeline Incident in New Development (Residential, Mixed‐Use, and Commercial Land Use)
ND18	Consider Noise and Odor Associated with Pipeline Operations in the Design and Location of Residential, Mixed-Use, and Commercial Land Use
ND19	Consider the Potential Impact of a Transmission Pipeline Incident in Design and Location of New Industrial Land Use Development
ND20	Consider the Potential Impact of a Transmission Pipeline Incident in the Location, Design, and Construction of New Institutional Land Use Developments
ND21	Consider the Potential Impact of a Transmission Pipeline Incident in the Design and Location of New Public Safety and Enforcement Facilities
ND22	Consider the Potential Impact of a Transmission Pipeline Incident in the Design and Location of New Places of Mass Public Assembly (Future Identified Sites)
ND23	Incorporate Emergency Response Plans into Land Development
ND24	Property Developer/Owner Should Have Temporary Markers Installed on the Edge of the Pipeline Right‐of‐way Prior to Construction - ND 24 contains a recommendation for fencing and/or marking of the easement during construction on adjacent land so that inadvertent damage does not occur. A local government could adopt this requirement as part of its permitting process, and have compliance reviewed and enforced by the jurisdiction's building inspector.
ND25	Property Developer/Owner Contact Transmission Pipeline Operator Prior to Excavating and Blasting - Before issuance of excavation or blasting permits, a local government should make sure that the operator of any nearby transmission pipeline has reviewed the application and has determined that the activity will not impact the integrity of the pipeline or related facilities. This is the type of review that can be incorporated into a local government's process through adoption of a consultation zone process -- see BL05, above.
ND26	Using, Documenting, and Retaining Encroachment Agreements (or Encroachment Permits)
ND27	Using, Documenting and Retaining Letters of No Objection or Conditional Approval Letters
ND28	Documenting, Recording and Retaining Partial Release - Audience: Property Developer/Owner, Pipeline Operator
ND29	Deleted
Index to New Pipeline Recommended Practices (See Note Above)
NP01	Siting New Transmission Pipelines In, or Adjacent to, Existing Right-of-Way - Audience: Transmission Pipeline Operator
NP02	Transmission Pipeline Right-of-Way Acquisition - Audience: Pipeline Operator, Property Developer/Owner

Baseline Recommended Practices of Interest to Local Governments

See Table above for Links to Recommended Practices for Other Groups - Pipeline Operators, Property Developers/Owners

BL01 Transmission Pipeline Mapping Data

Practice Statement. Local Governments responsible for planning or the issuance of development permits should obtain maps and/or location data for all transmission pipelines within their jurisdiction and show these pipelines on their maps. Pipeline Operators should provide information regarding their transmission pipelines to Local Government authorities having jurisdiction for regulating development.

Audience. Local Government, Pipeline Operator

Practice Description. Local Governments need accurate mapping data regarding the location of transmission pipelines within their jurisdiction. That data can be obtained online from the National Pipeline Mapping System (NPMS) at or from state pipeline regulators in some states. Each Pipeline Operator should also be able to provide mapping data for their own transmission pipelines.

The transmission pipeline location information should be integrated into each Local Government jurisdiction's graphic information system (GIS), if possible, and shown on all relevant planning maps. If a local government's planning maps show the approximate location of all transmission pipelines, it is more likely that local government decisions will prudently integrate those pipelines into the essential infrastructure of the community. The transmission pipelines should be included on all relevant zoning, building, and public works maps.

Pipeline Operators should provide transmission pipeline location information in digital formats with a sufficient level of positional accuracy for land use planning purposes. Pipeline Operators should either provide Local Governments these datasets directly or post them through a national and/or state clearinghouse such as the NPMS. For Local Governments that do not have digital mapping capabilities, transmission pipeline locations should be provided in a hard copy format with the best level of accuracy possible. Local Government mapping data should be routinely updated so that they are as accurate as possible. Pipeline Operators are required to update their transmission pipeline mapping data on the NPMS annually.

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BL03 Information for Development Around Transmission Pipelines

Practice Statement. Pipeline Operators should produce guidelines for development around their pipelines and distribute the guidelines to Local Governments and Property Developers/Owners. Local Government authorities regulating development should use this information to establish requirements for developing around transmission pipelines.

Audience. Local Government, Pipeline Operator

Practice Description. By producing and distributing clear guidelines, Pipeline Operators can standardize their requirements and the process for coordinating development near their transmission pipelines. The guidelines should be readily available through the operators' websites, via e-mail, and also distributed to organizations that represent the various constituent groups (builders associations, engineering organizations, etc.). Educating Property Developers/Owners regarding the rights of the Pipeline Operator can lessen the likelihood of using construction techniques or procedures that threaten the integrity of the transmission pipeline. It can also reduce the likelihood of the development of designs that fail to take into account a Pipeline Operator's need for access.

As required by API RP 1162, transmission Pipeline Operators should provide information regarding their pipelines to Local Government authorities having jurisdiction for regulating development. Information should be provided to all Local Governments with jurisdiction over areas within the consultation zone around the pipelines. This will help to ensure that there is adequate understanding of the risks posed by transmission pipelines and encourage land use planners to incorporate pipeline coordination in their plan approval process. Local Government authorities regulating development should use this information to establish requirements for development around the particular transmission pipeline based upon the recommended practices in this report.

Pipeline Operators should also provide information related to transmission pipeline characteristics and associated hazards to Local Governments to enable informed decisions on proposed developments and/or development plans in relation to the pipeline risks.

Pipeline characteristics that may affect the pipeline(s) risk include (but are not limited to):

The number of pipelines in the ROW
The nature and characteristics of the product in the pipeline(s) (natural gas, refined products, crude oils, highly volatile liquids, etc.);
The operating conditions of the pipeline(s) (pressure, etc.);
The design of the pipeline(s) (diameter, material, thickness, etc);
The shutoff valve locations; and
The operating history of the pipeline(s) (age, leaks, spills, ruptures, etc.) within the area under jurisdiction of the local authority regulating development.

Hazards associated with pipeline accidents may include (but are not limited to):

Potential impact of a liquid spill;
Potential impact of a vapor cloud, including potential impact of a toxicity, deflagration or detonation;
Potential impact of a directed fire; and
Potential impact of a pool fire

Information should be provided to all local government organizations having regulatory authority for development within the consultation zones established around the pipelines. The information should be used by these organizations to establish requirements for development around pipelines and to enable them to make informed decisions relevant to pipeline risks on proposed developments and/or development plans.

Periodic updates should be provided by the pipeline operator to the authority regulating development, especially if any changes to the pipeline design or characteristics are expected/anticipated that would affect the consultation or planning zone. The definition of a "planning zone" may be based on analysis of the potential hazards for the pipelines under consideration.

Transmission pipeline operators should coordinate with and inform public officials and emergency responders as appropriate to ensure they are aware of operator activities. The potential for future pipeline modifications to the pipeline characteristics and associated hazards should also be discussed, as appropriate. Because of potential security threats, detailed pipeline information that is provided to local governments should remain confidential and not be made available to the general public.

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BL04 Consultation Zone Ordinance Recommended

Practice Statement. Local government should adopt land development procedures requiring property developers/owners to consult with transmission pipeline operators early in the development process, so that development designs are consistent with the needs of the operators and minimize risks to the populace living or working nearby.

Audience. Local Government

Practice Description. When any person applies for a land use permit within the Consultation Zone (defined in BL05) there should be a mandatory requirement that the property developer/owner review their proposed project with transmission pipeline operators. Because local governments are not transmission pipeline experts, they should consult with the transmission pipeline operator to determine whether a proposed land use will impact the integrity of a nearby transmission pipeline. If transmission pipeline operators are involved early in the development process, there should be adequate time to incorporate the operator's concerns into the design. If the transmission pipeline operator and property developer/owner are not able to reach agreement on design issues, the operator can provide input to the local government decision makers regarding potential impacts of the proposed project before the project is approved and permits are issued. The goal of this recommended practice is to avoid situations where transmission pipeline operators only learn of development projects after construction begins. At that point in time it is often difficult or impossible to make cost-effective changes that enhance public safety and operator access to the facilities.

See Model Ordinance, Appendix C of draft Guidelines , which includes requirements for property developers/owners to notify and provide development information to transmission pipeline operators when applying for a land use permit for property within the Consultation Zone.

References:

Whatcom County, Washington, Proposed Pipeline Safety and Development Changes, Docket #ZON2007-00014 (2008) - Consultation Zone of 660 feet recommended
Consultation Zone Model Ordinance ( 1.08 MB), Appendix C in LandUse Planning In Proximity to
Natural Gas and Hazardous Liquid Transmission Pipelines in Washington State, June 2006
Land Use Planning for Pipelines: A Guideline for Local Authorities, Developers and Pipeline Operators, Canadian Standards Association (CSA), No. PLUS 663, 2004 -- Consultation Zone of 200 meters on either side of pipeline centerline recommended See CSA Publication Detail

BL05 Define Consultation Zone ( 353 KB)

Practice Statement. Local Government should define the Consultation Zone to delineate the area where a Property Developer/Owner should initiate consultation with Pipeline Operators regarding planned property development in the vicinity of a transmission pipeline.

Audience. Local Government

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BL06 Local Governments Adopt a Planning Zone for Property Developers/Owners ( 333 KB)

Practice Statement. When transmission pipelines are located within the Planning Zone, Local Governments and Property Developers/Owners should consider implementing recommended practices ND11 through ND 23 to protect communities near transmission pipelines. The Planning Zone is an area within a Consultation Zone (BL04 & BL05) centered on a transmission pipeline. The Planning Zone width should be determined by the specific characteristics of the pipeline and consider the topography and environmental conditions.

Audience, Local Government, Property Developer/Owner

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BL12 Notification of Right-of-Way Maintenance Activities

Practice Statement. Pipeline Operators should notify landowners of right-of-way maintenance activities, including vegetation management.

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BL14 Participate in Organizations Pursuing Improved State Damage Prevention Programs

Practice Statement. All stakeholders should participate in the work of organizations seeking to make improvements to State Damage Prevention Programs, especially efforts to reduce exemptions from participation in the One-Call System.

Audience. Local Government, Property Developer/Owner, Pipeline Operator

Practice Description.

A State damage prevention program is comprised of a combination of State law, regulation, and procedure intended to facilitate communication between excavators and owners of underground facilities. Excavators submit notices prior to excavation, which the One-Call System passes on to facility owners in the vicinity of the proposed excavation. By providing this communication, State One-Call Systems reduce the risk of excavator injury, damage to underground facilities, and construction down-time.

However, most State laws include exemptions from One-Call System participation that detract from the goals of the system. Typical exemptions fall into three categories:

Facility Owners. Some State laws exempt specific owners of underground facilities from participation in the One-Call System. Excavators must contact these facility owners directly to have their facilities marked. While this exemption allows certain facility owners to avoid the cost of participation, excavators may not be aware of these exemptions and damage their facilities. Types of facility owners exempted by some State laws include Municipalities, State Departments of Transportation, and small water and sewer companies.
Excavators. Some excavators are exempted from calling before digging. If the excavator chooses to exercise this exemption, they may damage any type of infrastructure with potentially disastrous consequences. Exemption avoids the burden of calling and waiting for marks, but creates huge safety risks. Types of excavators exempted by some State laws include homeowners and State Departments of Transportation.
Types of Excavation. Excavators do not need to call before conducting specific types of excavation. Any excavation can damage underground facilities, especially if the facilities are shallow or the type of excavation changes during the course of the project. Exemption avoids the burden of calling and waiting for marks. Types of excavations exempted by some State laws include road grading.

Many organizations across the country are actively working to improve damage prevention programs. The Common Ground Alliance (CGA) works at the international level and has recently formed partnerships with regional organizations. Many of these regional organizations existed well before the CGA as damage prevention councils or utility coordinating councils, but have welcomed the CGA's support to broaden their membership base.

A summary of PHMSA damage prevention initiatives is available on the PHMSA Safety Stakeholder Communications web site

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BL16 Halting Dangerous Excavation Activities near High Priority Subsurface Installations

Practice Statement. Transmission pipeline operators should have procedures and established contacts with local enforcement personnel in order to act appropriately to halt dangerous excavation activities that may damage their high-priority subsurface installations (i.e., transmission pipelines) and cause an immediate threat to life or property.

Audience. Pipeline Operator

Practice Description. Transmission pipeline operators should have written procedures to address the need to stop an excavation when the excavation activities pose an immediate threat to the transmission pipeline facility or the general public. These procedures should include public outreach to local enforcement personnel. The outreach communications should include information describing potential dangers to public safety of unsafe excavation practices near high-priority subsurface installations.

Local enforcement personnel play a critical role due to their authority to legally halt an unsafe excavation. The agency with the authority to halt a dangerous excavation may vary among governments. For example they may include titles such as Safety Officer, Police, Fire Department, Fire Marshal, Utility Coordinator, and Building Code Department. The transmission pipeline operator should build relationships with the proper enforcement personnel in advance to facilitate timely response and corrective action.

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BL18 Real Estate Disclosure

Practice Statement. As part of all real estate sales contracts, each State should require the disclosure of known transmission pipeline easements on the property.

Audience. Real Estate Commission

Practice Description.

The disclosure should be done in the same way that the State requires disclosure of other environmental risks, such as lead paint or asbestos products. A copy of the easement document and contact information for the Pipeline Operator should be provided to any prospective purchaser prior to the time the initial purchase documents are signed. The existence of a transmission pipeline easement on the property should be made clear to all prospective purchasers, in order that they can make an informed decision concerning the risks. Though the existence of an easement is typically noted in real estate closing papers or title reports, purchasers can be unaware that the easement is for a transmission pipeline. The disclosure language should make clear that the pipeline easement is for a transmission pipeline. The rights of the property owner and easement holder are typically spelled out in the easement document; it is important that a prospective purchaser have a copy of the easement document to examine.

New Development Recommended Practices of Interest to Local Governments

See Table above for Links to Recommended Practices for Other Groups - Pipeline Operators, Property Developers/Owners

ND01 Pipeline Operators and Local Governments Should Provide Information to Property Developers/Owners

Audience. Local Government, Pipeline Operator

Practice Statement. Pipeline operators and local government staff should inform property developers/owners of the safety and environmental issues related to development next to transmission pipelines.

Practice Description.

Transmission Pipeline Operator staffs are familiar with the safety issues regarding development adjoining their easements. Through the implementation of pipeline operator public awareness programs and other PIPA recommended practices, local government staffs processing development applications should also have a basic knowledge of pipeline safety issues. If a property developer/owner has never developed near a transmission pipeline, the property developer/owner staff may have limited knowledge of safety issues. Local government and pipeline operators should communicate with the property developer/owner as early in the planning process as possible.

The pipeline operator can review the proposed development design to ensure the design and construction will not pose a risk to the transmission pipeline and will maintain adequate access for maintenance and repair. Early discussions may ward off designs that would raise the risk of damage to the transmission pipeline or the community due to proximity to the pipeline. As the construction start date draws nearer, the cost of redesigns can become huge. Also, the property developer/owner may miss an opportunity to use the right-of-way to enhance the property development (ND08).

If a transmission pipeline must be relocated as part of the development, pipeline operators may need to limit the relocation to low-flow periods. Also, there may be seasonal considerations that would impact the pipeline operator's ability to readily construct a pipeline.

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ND06 Local Government Requires Consideration of Transmission Pipeline Facilities in Land Development Design

Practice Statement Whenever development is proposed on property with transmission pipeline facilities, local governments should require that the submitted land development plans address in detail the steps necessary to safely integrate the transmission pipeline into the design of the project.

Audience. Local Government, Property Developer/Owner

Practice Description.

Many states and/or local governments have a list of issues that must be addressed as part of the land development process, such as the availability of potable water, sewer, adequate roads, environmental constraints, etc. The land development process should require an analysis of how the development design can safely integrate any existing transmission pipeline facilities.

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ND07 Define Blanket Easement Agreements When Necessary

Practice Statement. Upon request by the landowner, the easement agreement may be defined to an acceptable, reasonable, and safe width and explicit location. State statutes or local government regulations may require easements to be defined prior to the approval of rezoning, subdivision plats and development permits.

Audience. Local Government, Property Developer/Owner, Pipeline Operator

Practice Description.

Some legacy transmission pipeline easements did not explicitly define the location or size of the easement or the location of the transmission pipelines within the easement. Some agreements did not describe the types of activities that could or could not occur on the right-of-way. In some states, these "blanket easements" may give the transmission pipeline operator the right to put a replacement pipeline anywhere on the property within the boundaries of the original easement grant.

The lack of clarity can lead to conflicts among stakeholders as to the use of the parcel of land, the location of the transmission pipelines and easement, and the respective rights and obligations of the land owner and transmission pipeline operator. By defining easement locations prior to approving rezoning, subdivision plats and development permits, confusion is avoided regarding which lands are burdened by the easement rights of the transmission pipeline operator. Mortgage companies may also require the easement be defined prior to providing a mortgage. Some states require the easement owner of blanket easements to define the easement to a specific location when requested by the landowner. Additionally, most transmission pipeline operators have a process for defining the easement to a specific location when requested.

The amended easement should be recorded at the appropriate statutory office (i.e. county recorder, parish clerk).

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ND08 Developing the Pipeline Transmission Right-of-Way

Practice Statement Property developers/owners, local governments and pipeline operators may collaborate on alternative use of the pipeline right-of-way and related maintenance.

Audience Local Government, Property Developer/Owner, Pipeline Operator

Practice Description

Transmission pipeline rights-of-way have the potential to be utilized for the benefit of the community and/or the property developer/owner while maintaining the safety and integrity of the transmission pipeline facilities. Property developers/owners and local governments may work with operators to find ways to more fully enjoy the use of the property that includes the transmission pipeline easement by creating green spaces, parks, golf courses, hike and bike trails, horse trails, and other recreational spaces. The stakeholders should consider who maintains the ROW and how they maintain it. Some local governments and property developers/owners have worked together to mutually benefit the community and the developer by exchanging incentives such as higher building density for enhancement of the transmission right-of-way. Appendix D is intended for use by city and county planners, engineers, developers, land surveyors and anyone involved in the initial stages of land development on or near existing transmission rights-of-way. These visual examples illustrate both successful collaborative efforts and situations to avoid. Working together, property developers/owners, pipeline operators and local governments ensure that transmission pipelines can be constructed, operated and maintained, in a safe and efficient manner with the pipeline operator's rights provided by the easement agreement.

While there are many ways to safely develop a right-of-way, certain criteria should be met. The right-of-way should be a clearly defined transmission pipeline corridor that blends with the surroundings. It should not be disguised. The width varies depending on the size and number of transmission pipelines, the product transported, site specific conditions and operator practices. Permanent structures, significant grade changes, and large landscaping are generally not acceptable. The operator may require the right to disturb the developed use of the right-of-way in order to maintain and access the transmission pipeline. While analyzing potential development of the right-of-way, the operator considers potential loading, corrosiveness to the pipeline, increased likelihood of third party damage and the ability to monitor and maintain the pipeline. For incident and emergency response planning, the operator considers public escape routes, emergency responder access and situation control, site specific product spill characteristics and potential environmental impact. The operator needs to establish an effective transmission pipeline marking strategy that will help keep markings in place. Additional markers designed to prevent unauthorized excavation may be warranted.

Development on or near transmission pipelines increases the probability of excavation damage. In an ideal layout, the entire easement width should be reserved for green space or other community use. It is also desirable to have as few landowners affected by the easement as possible. A lot division on either boundary of the easement is preferable to splitting the easement between lots. Construction, maintenance and routine inspections can be disruptive to the landowner when the easement is split between lots. All stakeholders should consider ways to mitigate this risk throughout the lifetime of the use of the developed right-of-way.

Individual operators may have different maintenance and operations practices which could make a specific type of development acceptable to one operator but not to another. Pipeline operators need enough lead time to review site specific development plans. Generally the operator requests a scope of work, description, and plan and profile drawings of the proposed development. The operator may charge for the review if the nature of the development requires extensive preliminary engineering and/or field inspection services. A clear understanding of the owner's and pipeline operator's rights, restrictions and responsibilities should be legally documented. Examples of types of land use agreements commonly used are encroachment agreements, encroachment permits, easement amendments, reimbursement agreements, partial releases and letters of no objection.

Development activities near the right-of-way may affect the integrity of the transmission pipeline and the safety of the public. Property developers/owners should consult the operator as early as possible when planning development near the right-of-way. Development activities or uses near the right-of-way that may affect the integrity of pipeline include but are not limited to blasting, contouring or terracing, clear cutting, retention ponds, drainage, walls and fences, excavations (pools, decks, roads), drilling, boring and landscaping. Early consultation can help reduce the chance for project delays and ensure that safe development activities can be implemented.

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ND09 Provide Flexibility to Property Developer for Providing Open Space in Close Proximity to the Right-of-Way of Transmission Pipelines

Practice Statement. Local governments should consider allowing site planning flexibility in the development of commercial, industrial or residential property whenever a transmission pipeline is located in, or in close proximity to, the proposed development.

Audience. Local Government

Practice Description. Site planning flexibility has been incorporated into the development regulations of many jurisdictions, often to accommodate development when there are environmental constraints, such as wetlands. Local governments have allowed clustered, higher-density development within broader swaths of open space thereby preserving the sensitive areas and creating a buffer area from them. The goal should be to allow the same overall density of development while providing more space between the transmission pipeline and the development, if there are indications that such flexibility would provide greater safety. While solutions are site specific due to the parcel's topography, shape or size, local governments are encouraged to adopt regulations that allow creative designs that address both public and pipeline safety concerns.

References

Vancouver, WA Municipal Code Chapter 20.940 - On-Site Density Transfers, for analogous land regulations that are used as described above when "sensitive lands and cultural resources" are located on the property.
Richland, WA Municipal Code Section 22.10.340, example of density transfer used to provide flexibility when there is a "sensitive area and associated buffer area or setback."

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ND10 Record Transmission Pipeline Easements on Development Plans and Final Plats

Practice Statement Local governments should require all development plans and final plats recorded to clearly show the location of the easement and identify the operator of the transmission pipeline.

Audience. Local Government, Property Developer/Owner

Practice Description. Final plats and other recorded land records are a primary source for property records research and should show the location of all transmission pipeline easements.

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ND11 Consider the Potential Impact of a Transmission Pipeline Incident by the Design and Location of New Parking Lots and Parking Structures

Practice Statement. Parking lots and parking structures should be preferentially located and designed to reduce the potential of interference with pipeline maintenance and inspections, and to reduce consequences as a result of a potential transmission pipeline incident.

Audience. Local Government, Property Owner/Developer

Practice Description.

Parking lots and parking structures may provide a lower-density, lower-risk land use adjacent to a pipeline right-of-way (ROW). This is because human occupancy of parking lots or parking structures is likely to be shorter-term than the occupancy of other buildings that are part of the same development. Parking lots and parking structures may be preferentially located to create a buffer between transmission pipeline ROW and other occupied structures. Parking lots and parking structures may be designed to reduce the potential of interference with pipeline maintenance and inspections, and to reduce consequences to the occupied structure as a result of a pipeline incident.

Parking lots that encroach on the transmission pipeline ROW may require written permission from the transmission pipeline operator. Parking areas very near or over the pipeline should be designed to limit loading on the pipeline that might damage it. Parking lots covering portions of an underground pipeline ROW could hamper the discovery of underground pipeline leaks. To prevent this, parking lot design must take into account methods of improving leak detection. Examples could include periodic strips of grass or shrubbery, vent pipes, sensor strips, etc. In addition, area drains should not funnel water directly into the ROW, as excess water can impact pipeline corrosion protection.

Medians and islands adjacent to the ROW should not contain trees that would obscure the ROW, but shrubs and other low landscaping are generally acceptable (see ND-15). Parking lots between a pipeline and building should have an "air gap" between the parking lot and building to reduce the potential for gas leaks migrating underneath the parking lot and into the building. The effect of water runoff affecting the pipeline cathodic protection and soil cover should be considered when designing the parking lot.

The developer should keep in mind that the parking lot might be disturbed by pipeline maintenance activities, including excavation. The transmission pipeline operator may also need to place pipeline markers, sniff points, and cathodic test stations, along their ROW, possibly within the parking lot itself, and these can often be placed within medians and other landscaped areas.

In addition, enhanced fire protection of parking structures and/or enhanced fire endurance may also be implemented to further mitigate the impact of a potential transmission pipeline incident.

References

NFPA 10: Life Safety Code - NFPA Publication Description
NFPA 88A: Standard for Parking Structures - NFPA Publication Description

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ND12 Consider the Potential Impact of a Transmission Pipeline Incident in the Design and Location of New Roads

Practice Statement. Roads and associated appurtenances should be preferentially located and designed to reduce consequences as a result of a potential transmission pipeline incident and reduce the potential of interference with pipeline operations and maintenance.

Audience. Local Government, Property Developer/Owner

Practice Description.

Design and construction of roads near transmission pipelines is complex and requires careful planning and coordination between operator, local authority, and the road designer/constructor. Roads that cross the ROW should be designed such that the pipeline is not adversely affected, including provision of adequate protection for the pipeline during and after road construction, including (but not limited to) adequate depth of cover and proper road sub-grade, load carrying capacity, etc. Intersections generally should not coincide with a pipeline ROW, because this could cause increased exposure to hazards for vehicles stopped at the intersection and could cause additional interruption in traffic. Roads should generally be placed perpendicular relative to the long axis of the pipeline, which generally reduces the loads on the pipeline from vehicle traffic and reduces the road construction hazard to the pipeline. If the road is placed parallel to the pipeline, the road should be placed outside of the pipeline ROW. If the pipeline ROW is narrow, additional consideration should be given to designing the road to prevent adverse effects on the integrity of the pipeline and future road impacts due to adjacent pipeline maintenance interruptions. Modifications to the pipeline may also be made to preserve its integrity if a road is built across the pipeline ROW or adjacent to the ROW.

Roads with very wide medians might be able to accommodate a transmission pipeline ROW with the agreement of the pipeline owner or operator, but keep in mind that a pipeline may require maintenance through excavation within the pipeline ROW. The presence of a pipeline within a wide median may also prevent or limit the ability to place landscaping within the median (see ND-15).

If a road near, or crossing, a transmission pipeline serves as the only means of emergency access or egress then local emergency plans should identify an alternate emergency access and egress route.

Roadside appurtenances (bridges, tunnels, sound barriers, signage, traffic lights, etc.) should be designed so they do not adversely affect operator access to the ROW and do not interfere with cathodic protection systems or adversely impact integrity of pipeline.

A development may avoid costly relocation of transmission pipeline facilities if roads and appurtenances that require specific grades for drainage (such as storm drains, sewers, etc.), are designed to avoid conflicts with the pipeline.

References:

API Recommended Practice 1102: Steel Pipelines Crossing Railroads and Highways, 7th edition, 2007 API Document Details
49 CFR 192 - via GPO Access - See 192.111, 192.323, 192.605, 192.917, 195.256, 195.402, 195.452
NFPA 502: Standard for Road Tunnels, Bridges, and Other Limited Access Highways 2008 NFPA Publication Description

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ND13 Consider the Potential Impact of a Transmission Pipeline Incident in the Design and Location of New Utilities and Related Infrastructure

Practice Statement. Utilities (both above and below ground) and related infrastructure should be preferentially located and designed to reduce the potential of interference with pipeline maintenance and inspections and to reduce the consequences of a pipeline incident.

Audience. Local Government, Property Developer/Owner

Practice Description.

Utilities that cross and/or parallel transmission pipelines should be developed in close cooperation with the operator of the pipeline to avoid costly relocation of the pipeline or potential conflict with pipeline operations and maintenance. Utilities crossing the transmission pipeline should be designed so they do not interfere with the pipeline, including its cathodic protection, and provide the transmission pipeline operator access to the line. To the extent possible, design and construction of underground utilities and related infrastructure should try to minimize potential "migration paths" to buildings.

Coordination with the transmission pipeline operator during planning and construction is critical, given the history of transmission pipeline accidents associated with utility installation and maintenance. The pipeline's horizontal and vertical orientation must be considered, including any offset distance required by the transmission pipeline operator.

References

Common Ground Alliance (CGA) Best Practices
API Recommended Practice 1102, Steel Pipelines Crossing Railroads and Highways, 7th edition, 2007 - API Document Details
49 CFR 192.467 ( 22 KB) - External corrosion control: Electrical isolation via GPO Access
API RP-1162 Public Awareness Guidelines - API Publication Description

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ND14 Consider the Potential Impact of a Pipeline Incident in the Design and Location of Aboveground Water Management Infrastructure

Practice Statement. Storm water and irrigation water management facilities, retention ponds, and other above-ground water management infrastructure should be preferentially located and designed to reduce consequences as a result of a potential transmission pipeline incident and to reduce the potential of interference with pipeline operations and maintenance.

Audience. Local Government, Property Developer/Owner

Practice Description.

Above-ground water management infrastructure can provide a buffer between the pipeline and occupied structures. Storm water and irrigation water management facilities, retention ponds, and other above-ground water management infrastructure may be located between occupied structures and a pipeline to reduce the risk or mitigate the impact of a pipeline incident affecting the structure by providing separation between the pipeline and the structure.

Discharges from ponds and other drainage facilities should be designed such that they do not cause erosion or compromise soil stability that could result in reduction of the soil cover over the pipeline or otherwise compromise pipeline operations and maintenance. Culverts, and other enclosed or at-grade drainage systems should be designed to reduce the risk of a potential liquid and denser-than-air gas release from flowing into the drainage system. If the flow path to enclosed, or at-grade, drainage systems cannot be avoided, emergency response personnel should consider this scenario in response plans. The potential for environmental contamination by releases into drainage facilities and retention basins and downstream environmentally sensitive areas should also be considered.

Vegetated strips and other soft, non-structural storm water treatment methods placed adjacent to or within the transmission pipeline ROW may be a land use that is compatible with pipeline operations and maintenance.

References

Federal (BLM, Army Corps of Engineers, USFWS, USFS, Bureau of Reclamation, etc.)
State and local erosion and sediment control and storm water management regulations
40 CFR 122 - National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Regulations via GPO Access

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ND15 Plan and Locate Vegetation to Prevent Interference with Transmission Pipeline Activities

Practice Statement. Trees and vegetation should be planned and located to reduce the potential of interference with transmission pipeline operations, maintenance, and inspections.

Audience. Local Government, Property Developer/Owner

Practice Description.

State and Federal regulations require transmission pipeline operators to frequently visually inspect their pipeline ROW. These inspections are often done by air using helicopters or planes. For this reason, transmission pipeline operators may keep their ROW clear of trees and tree branches that overhang and obscure the ROW. Transmission Pipeline operators may also side-cut trees if they obscure or impede the inspection and maintenance of the ROW.

The ROW should be clearly identified apart from trees or other tall vegetation. Property Owners and Developers should not place trees or vegetation on the Pipeline right-of-way (ROW) without the pipeline operator's permission. Trees and vegetation outside the ROW should not obstruct transmission pipeline ROW, markers, or signage. Trees and vegetation adjacent to the ROW with broad canopies that overhang the ROW should also be avoided, since they may obscure the ROW.

Similarly, trees and vegetation should be located so that they do not impede the operator's access to inspect and maintain the transmission pipeline. Trees and vegetation adjacent to the ROW should be controlled in an ongoing effort to allow maintenance and inspection of the pipeline.

Trees and vegetation adjacent to the ROW with root systems that may reach a pipeline should also be avoided, since they may physically impact the pipeline.

The landowner/developer and operator should work together using local land use planners and landscape and forestry professionals to make landscape choices that are acceptable.

References

Patroling See 49 CFR 192 - Parts 192.705, 192.613, and 192.616, and Part 195 equivalents
API RP-1162 Public Awareness Guidelines - API Publication Description

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ND16 Locate and Design Water Supply and Sanitary Systems to Limit Contamination and Excavation Damage

Practice Statement. Individual water supplies (water wells), small public/private water systems and sanitary disposal systems (septic tanks, leach or drain fields) should be designed and located to reduce the risk of excavation damage, to reduce the potential of interference with transmission pipeline maintenance and inspections, and to reduce potential environmental contamination in the event of a pipeline release.

Audience. Local Government, Property Developer/Owner

Practice Description.

Properly locating water/sanitary systems is vital to public and pipeline safety. Installation, operations and maintenance activities of the pipeline and the water/sanitary systems should take into consideration potential excavation damage to each other's facilities. A pipeline release has the potential to contaminate water wells.

Transmission pipeline and pipeline appurtenance (e.g., cathodic protection system) locations should be clearly identified if a well is to be installed near a pipeline. Water supply drill rigs should stay clear of the ROW to ensure no direct damage to the pipeline or appurtenances from drilling or movement of the drill rig.

The primary concern in installing individual sanitary disposal systems (septic systems and leach or drain fields) involves the excavation, installation, and maintenance of the septic tank and drain field. Consideration should be given to the drain field location so it is located off the right of way and not placed in an area immediately adjacent to the ROW where heavy equipment used in pipeline maintenance might damage the drain field's below-ground piping.

Generally, the best way to reduce the risk of contaminating a water well from a hazardous liquid pipeline spill is to place the well up-gradient from the hazardous liquid pipeline (groundwater hydraulic gradients don't necessarily follow surface topography). Wells that cannot be placed up gradient of a hazardous liquid pipeline can reduce contamination risk by increasing down-gradient distance from the pipeline and by ensuring that wellheads are properly sealed. Gas pipelines do not typically pose a threat for water contamination, unless liquids are present in the gas stream.

References

U.S. EPA Drinking Water Protection Website
Common Ground Alliance (CGA) Best Practices

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ND17 Consider the Potential Impact of a Transmission Pipeline Incident in New Development (Residential, Mixed-Use, and Commercial Land Use)

Practice Statement. New development within the Planning Zone (BL06) should be designed and buildings located to reduce consequences as a result of a potential transmission pipeline incident and provide adequate access to the pipeline for operations and maintenance.

Audience. Local Government, Property Owner/Developer

Practice Description.

While transmission pipelines have an admirable safety record, it is prudent to design buildings and related facilities in a manner that mitigates the potential impact due to a pipeline incident to people and property. Locating structures away from the right-of-way, minimizing surface and subsurface encroachments, designing alternate escape routes and incorporating more stringent building fire safety measures are examples of mitigation techniques that may improve public safety and limit damage to buildings or infrastructure in the event of a pipeline incident.

Buildings and associated structures should not be allowed on the ROW, because this places building occupants in close proximity to the pipeline and could result in interference with pipeline operations and maintenance.

Whenever possible, roads, driveways, utilities, lot boundaries, landscaping, finished grades, green space, and fences should be planned to provide adequate access and minimum interference with pipeline operations and maintenance and maximum use and enjoyment for the residents (see other practices related to use of the pipeline ROW). These features should allow access for emergency response to transmission pipeline incidents (see ND23).

Anyone who subdivides property, including subdivision developers, should provide purchasers of individual lots copies of applicable right-of-way agreements for those lots that contain the right-of-way, and if available, a survey or drawing showing the location of the transmission pipeline and extent of the right-of-way (see ND10). Subdivision developers should file in the deed records the existing pipeline right-of-way agreements covering each lot in the subdivision.

The landowner or developer should consider what is allowed by the pipeline right-of-way agreement with respect to the siting of aboveground facilities such as compressor stations, metering stations, valves, pipeline markers, and cathodic protection systems (see ND18). The developer or landowner and local government should work with the transmission pipeline operator to ensure that current or potential future locations of these facilities would not create interference between the development and the operation and maintenance of the pipeline and facilities. Also, development of the property should consider the current or potential future location of these facilities.

Depending on the potential impact of a transmission pipeline incident at this location, evacuation or shelter-in-place of a building may be warranted. If evacuation is warranted, evacuation routes should be considered during design and routed in such a manner to ensure that the potential incident will not compromise the evacuation. For example, buildings should have a safe means of egress, such as exits located in such a manner that they would not be affected by a pipeline incident. Cul de sac type streets should not be designed with a pipeline crossing that could block the only route of ingress or egress.

High-rise buildings, such as hotels, dormitories, apartment complexes, and office buildings, may warrant evacuation procedures beyond the normal and may not lend themselves to a timely evacuation. Specific emergency plans addressing transmission pipeline incidents should be developed for the site and/or integrated with existing overall emergency plans for the site. The emergency plans for the site should be developed in coordination with the transmission pipeline operator (see ND23e). For example, NFPA 1, NFPA 101, NFPA 5000, IBC, IRC, and IFC provide minimum standards for means of egress, including capacity, quantity, arrangement, location, protection, and marking of means of egress. Minimum standards for emergency plans are also provided, where applicable.

In addition, enhanced fire protection of buildings (i.e. automatic sprinklers, water screens, exposure protection, air handling/ventilation systems, etc.) and/or enhanced fire endurance (non-combustible construction, window limitation, etc) may also be implemented to further mitigate the impact of a potential transmission pipeline incident. NFPA 1: Uniform Fire Code, provides minimum standards for separation distances for various occupancies based on fire endurance (in hours) and incorporates many other NFPA codes and standards (by reference) for fire protection. NFPA 5000 and IBC provide minimum standards for fire endurance of various buildings. Enhanced fire protection and fire endurance measures may be implemented for all categories of buildings considered under this recommended practice.

Local government agencies or developers may consider modeling of fire, explosion, or toxic release impacts that could occur during an incident for the specific land use under consideration. Egress models are also available. If appropriate, facility design should take this modeling into account to minimize potential impacts. The model should be fit-for-purpose and the model user should have appropriate expertise.

References

NFPA 1: Uniform Fire Code , NFPA 101: Life Safety Code , NFPA 5000: Building Construction and Safety Code, International Building Code (IBC), IRC, Internatiional Fire Code (IFC) (see Appendix for more information).
49 CFR 192 - Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards and 49 CFR 195 - Transportation of Hazardous Liquids by Pipeline
24 CFR 51 - Environmental Criteria and Standards (for HUD projects)
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ND18 Consider Noise and Odor Associated with Pipeline Operations in the Design and Location of Residential, Mixed-Use, and Commercial Land Use

Practice Statement. Consider noise, odor and other issues when planning and locating developments near above-ground transmission pipeline facilities, such as compressor stations, pumping stations, odorant equipment, regulator stations and other pipeline appurtenances.

Audience. Local Government, Property Developer/Owner

Practice Description .

Above-ground transmission pipeline facilities, such as compressor stations, pumping stations, regulator stations, launcher/receiver stations and other pipeline appurtenances may generate noise and odors. These may not be initially noticed in some settings until a land use is modified or a development is placed near the pipeline facility that places people and other human activities in close proximity to the pipeline for extended periods of time. Examples of activities on above-ground sites that may have an adverse impact on adjacent land development are as follows:

Gas compressor or pump stations may utilize reciprocating engines, which generate pulsating noises;
Turbines may emit steady or periodic high-frequency noises;
Start-up and shut-down may introduce intermittent purging and blow-down noises and odors;
Heat exchangers or other equipment may have visible emissions, such as steam, to the air;
Generators utilized for power back-up systems may be operated periodically; and
Repairs and maintenance at the facility may require heavy construction equipment.

Sound-insulating equipment, such as silencers or sound-reduction air plenums, natural foliage, distance and other noise attenuating sound considerations may mitigate noise concerns.

The developer may consider additional measures to further reduce noise or visible effects from these facilities.

The transmission pipeline operator should provide information regarding the above-ground appurtenances to the authority having jurisdiction for regulating development to ensure that there is an adequate understanding of the operational requirements of the site and to encourage land use planners to incorporate pipeline coordination in their plan approval process (see BL03). The authority regulating development should use this information to establish requirements for development around the particular above-ground site based upon the guidance on specific land uses herein.

Developments around gas compressor and pumping stations should avoid practices or layouts that would adversely affect normal operation and maintenance of the facility.

Some pressure limiting stations may include relief valves that may release gas to the atmosphere. Facilities used to odorize natural gas are designed to minimize odorant emissions. However, development adjacent to these types of facilities should consider occasional releases or spills that may cause nearby residents concern. Layout of development should minimize exposures to these types of facilities.

Power lines providing service to electric compressor/pumping stations need to be integrated into developments so that the service is not compromised.

References

18 CFR 380.12 (k) - NEPA - Environmental Reports for Natural Gas Act Applications - Resource Report --Air and noise quality
18 CFR 157.206 (5) - FERC - Applications for Certificates of Public Convenience and Necessity and for Orders Permitting and Approving Abandonment Under Section 7 of the Natural Gas Act - Re Compressor Station Noise

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ND19 Consider the Potential Impact of a Transmission Pipeline Incident in Design and Location of New Industrial Land Use Development

Practice Statement. Industrial land use development should be designed and located to reduce consequences as a result of a potential transmission pipeline incident and reduce interference with transmission pipeline operations and maintenance.

Audience. Local Government, Property Developer/Owner

Practice Description .

Industrial, storage, freight, train, or marine terminals, and other industrial land uses that may have flammable liquid or gas storage, toxic chemicals, explosives, or other substances may escalate the hazard if ignited or compromised from a potential transmission pipeline incident. The design should consider more complex emergency response requirements and should include coordination with the transmission pipeline operator. For example, flammable liquid or gas storage tanks may need to be located farther from the transmission pipeline or designed to reduce the risk of escalation of a potential pipeline incident. NFPA 1 provides standards on spacing of hazardous materials to minimize an escalation of a hazard, but does not specifically address pipelines.

Similarly, power plants, gas plants, water supplies, water treatment plants, and other critical infrastructure that serve the public welfare may further exacerbate the incident if compromised by a potential pipeline incident. Specific site emergency response plans should also be developed for these sites. The site emergency response plans should include coordination with the transmission pipeline operator. Liquid or dense gas flow into water supplies, drainage channels, culverts, etc should be evaluated. For additional information on water supplies and water treatment plants, see ND16.

Local government agencies or developers may consider modeling of fire, explosion, or toxic release impacts that could occur during an incident for the specific land use under consideration. Egress models may also be considered. If appropriate, facility design should take this modeling into account to minimize potential impacts. The model should be fit-for-purpose and the model user should have appropriate expertise.

It should be noted that transmission pipeline operators are required to provide emergency liaison and consultations by existing pipeline safety regulations. Gas and liquid transmission pipeline operators must maintain, modify as appropriate, and follow the plans, procedures and programs they are required to establish under Title 49 Code of Federal Regulations, Parts 192 and 195, respectively. In addition, the Pipeline and Hazardous Materials Safety Administration has formed partnerships, funded research and programs, and has published supplementary documents to assist transmission pipeline operators, emergency response personnel, and others in developing an emergency response plan.

References

NFPA 1: Uniform Fire Code - NFPA Publication Description of NFPA 1, 2006 Ed.
Other NFPA standards - NFPA Codes and Standards - Publication Descriptions
Title 49 Code of Federal Regulations, Parts 192 and 195

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ND20 Consider the Potential Impact of a Transmission Pipeline Incident in the Location, Design, and Construction of New Institutional Land Use Developments

Practice Statement Healthcare, daycare, detention and correctional facilities, educational occupancies, and other potentially difficult to evacuate facilities should be located, designed, and constructed, to reduce consequences as a result of a potential pipeline incident and reduce the potential of interference with transmission pipeline operations and maintenance . Emergency plans for these facilities should consider potential pipeline incidents.

Audience Local Government, Property Developer/Owner

Practice Description

Development that includes institutional land uses (e.g., healthcare, daycare, detention and correctional facilities, educational occupancies, and other potentially difficult to evacuate facilities) should place these facilities in locations on the property to reduce consequences as a result of a potential pipeline incident and reduce the potential of interference with transmission pipeline operations and maintenance. The facilities should be designed to minimize the impact of a potential pipeline incident.

Depending on the potential pipeline incident, evacuation or shelter-in-place of a building may be warranted. If evacuation is warranted, evacuation routes should be routed in such a manner to ensure that the potential incident will not compromise the evacuation. For example, buildings should have a safe means of egress, such as exits located in such a manner that they would not be affected by a pipeline incident.

Health care, day care, detention and correctional facilities, and other difficult to evacuate facilities may warrant particular evacuation procedures and may not lend themselves to a timely evacuation. Specific emergency plans addressing transmission pipeline incidents should be developed and integrated with existing overall emergency and/or relocation plans. The emergency plans should be developed in coordination with the transmission pipeline operator, as necessary.

NFPA 101 provides minimum standards for emergency, evacuation, and relocation plans for health care, day care, detention and correctional facilities. These plans should include a potential pipeline incident and should be planned in coordination with the pipeline operator, as necessary. NFPA 1, NFPA 101, NFPA 5000, IBC, and IFC provide minimum standards for means of egress, including capacity, quantity, arrangement, location, protection, and marking of means of egress. Minimum standards for emergency plans are also provided, where applicable.

In addition, enhanced fire protection of buildings (i.e. automatic sprinklers, water screens, exposure protection, etc) and/or enhanced fire endurance (non-combustible construction, window limitation, etc) may also be implemented to further mitigate the impact of a potential transmission pipeline incident. NFPA 1: Uniform Fire Code, provides minimum standards for separation distances for various occupancies based on fire endurance (in hours) and incorporates many other NFPA codes and standards (by reference) for fire protection. NFPA 5000 and IBC provide minimum standards for fire endurance of various buildings. Also, consider standards for outside air intake sources for buildings near transmission pipelines.

Local government agencies or developers may consider modeling of fire, explosion, or toxic release impacts that could occur during an incident for the specific land use under consideration. Egress models may also be considered. If appropriate, facility design should take this modeling into account to minimize potential impacts. The model should be fit-for-purpose and the model user should have appropriate expertise.

In addition, the Pipeline and Hazardous Materials Safety Administration has formed partnerships, funded research and programs, and has published supplementary documents to assist transmission pipeline operators, emergency response personnel, and others in developing an emergency response plan. Information will also be available as part of ongoing public awareness efforts by transmission pipeline operators.

References

NFPA 1
NFPA 101
NFPA 5000
IBC
IFC
NFPA 99,
49 CFR 192.616, 192.903, 192.905
49 CFR Parts 192 and 195 Public awareness regulations
API RP-1162

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ND21 Consider the Potential Impact of a Transmission Pipeline Incident in the Design and Location of New Public Safety and Enforcement Facilities

Practice Statement. Police stations, HAZMAT response, fire departments, fire and rescue facilities, emergency communications facilities (including "911"), and other emergency responder facilities should be located, designed, and constructed to reduce the effect s of a potential pipeline incident, the risk of excavation damage, and the potential of interference with pipeline operations and maintenance. Planning for these facilities should include emergency plans that consider the effects of a potential pipeline incident.

Audience. Local Government, Property Developer/Owner

Practice Description.

Police stations, HAZMAT response, fire departments, fire and rescue, emergency communications facilities, and other facilities that house emergency responders serve a critical role in public welfare. Emergency response facilities and services such as police and fire structures, parking lots, offices, communications and dispatch centers, etc. should be designed and located to minimize the impact of a transmission pipeline incident affecting emergency response capabilities. Access to and egress from such facilities should be planned and implemented to avoid any impairment of the ability of emergency personnel to respond to pipeline incidents in order to address public safety issues.

If such facilities or utilities necessary for operation of such facilities are located within the planning zone, then in order to reduce the risk of a transmission pipeline incident affecting the facilities (i.e. impair/interrupt capabilities), specific emergency response plans should be developed and integrated with existing overall emergency and/or relocation plans for these sites. The emergency response plans for the site should be developed in coordination with the transmission pipeline operator, as necessary.

In addition, enhanced fire protection of buildings (i.e. automatic sprinklers, water screens, exposure protection, air handling/ventilation systems, etc) and/or enhanced fire endurance (non-combustible construction, window limitation, etc) may also be implemented to further mitigate the impact of a potential pipeline incident. NFPA 1: Uniform Fire Code, provides minimum standards for separation distances for various occupancies based on fire endurance (in hours) and incorporates many other NFPA codes and standards (by reference) for fire protection. NFPA 5000 and IBC provide minimum standards for fire endurance of various buildings.

Local government agencies or developers may consider modeling of fire, explosion, or toxic release impacts that could occur during an incident for the specific land use under consideration. Egress models may also be considered. If appropriate, facility design should take this modeling into account to minimize potential impacts. The model should be fit-for-purpose and the model user should have appropriate expertise.

References

NFPA 1, NFPA 101, NFPA 1201, NFPA 5000, IBC, IFC
40 CFR 355
49 CFR 192 and 195
Local codes and local emergency planning committees regulations

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ND22 Consider the Potential Impact of a Transmission Pipeline Incident in the Design and Location of New Places of Mass Public Assembly (Future Identified sites)

Practice Statement. Places of potential mass public assembly (e.g., amusement parks, stadiums, amphitheatres, highway rest stops, churches), should be designed, constructed, and located to reduce the consequences of a potential transmission pipeline incident, the risk of excavation damage, and to reduce the potential of interference with transmission pipeline operations and maintenance. Planning for these facilities should include emergency plans that consider the effects of a potential pipeline incident.

Audience. Local Government, Property Developer/Owner

Practice Description.

Places of potential mass public assembly (amusement parks, stadiums, amphitheatres, and other large public assemblies), used for deliberation, worship, entertainment, eating, drinking, amusement, awaiting transportation, or similar uses, should be constructed or located to mitigate the impact of a potential transmission pipeline incident and provide emergency plans for potential pipeline incidents.

Development that includes places of mass public assembly should place these facilities in locations on the property to mitigate the impact of a potential transmission pipeline incident. The facilities should be designed to minimize the impact of a potential pipeline incident.

In addition, such areas may warrant particular evacuation procedures and may not lend themselves to a timely evacuation. Specific emergency plans addressing transmission pipeline incidents should be developed and/or integrated with existing overall emergency and/or relocation plans for these sites. The emergency plans should include coordination with the transmission pipeline operator, as necessary.

Depending on the potential transmission pipeline incident, evacuation or shelter-in-place may be warranted. If evacuation is warranted, evacuation routes should be routed in such a manner to ensure that the potential incident will not compromise the evacuation. For example, buildings should have a safe means of egress, such as exits located in such a manner that they would not be affected by a pipeline incident.

NFPA 101 provides minimum standards for emergency and evacuation plans for assembly occupancies. These plans should include a potential pipeline incident and should be planned in coordination with the transmission pipeline operator, as necessary. NFPA 1, NFPA 101, NFPA 5000, IBC, and IFC provide minimum standards for means of egress, including capacity, quantity, arrangement, location, protection, and marking of means of egress. Minimum standards for emergency plans are also provided, where applicable.

In addition, enhanced fire protection of buildings (i.e. automatic sprinklers, water screens, exposure protection, air handling/ventilation systems, etc) and/or enhanced fire endurance (non-combustible construction, window limitation, etc) may also be implemented to further mitigate the impact of a potential transmission pipeline incident. NFPA 1: Uniform Fire Code, provides minimum standards for separation distances for various occupancies based on fire endurance (in hours) and incorporates many other NFPA codes and standards (by reference) for fire protection. NFPA 5000 and IBC provide minimum standards for fire endurance of various buildings.

Areas covered under this practice should include "identified sites" per the gas transmission pipeline integrity management regulations (49 CFR 192.903), such as an outside area or open structure that is occupied by twenty (20) or more persons on a regular basis (50 days or more in any 12-month period) Such identified sites may include, but are not limited to, beaches, playgrounds, recreational facilities, camping grounds, outdoor theaters, stadiums, recreational areas, parks, areas outside a rural building such as a religious facility, amusement parks, stadiums, amphitheatres, agricultural gathering areas, and other large public assemblies.

Local government agencies or developers may consider modeling of fire, explosion, or toxic release impacts that could occur during an incident for the specific land use under consideration. Egress models may also be considered. If appropriate, facility design should take this modeling into account to minimize potential impacts. The model should be fit-for-purpose and the model user should have appropriate expertise.

Owners and operators of areas covered under this practice, whether public or private, should inform area users of the transmission line operator's public awareness message as well as any specific site emergency plan required by local public authorities for the area.

References

NFPA 1
NFPA 101
NFPA 5000
IBC
IFC
NFPA 102 (Standard for Grandstands, Folding and Telescopic Seating, Tents, and Membrane Structures, 2006)
49 CFR Parts 192.903 and 195.450

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ND23 Consider Site Emergency Response Plans in Land Development

Practice Statement. Emergency response plan requirements should be considered in new land use development within the planning zone to mitigate the impact of a potential transmission pipeline incident affecting the community.

Audience. Local Government, Property Developer/Owner

Practice Description.

Effective emergency response planning can reduce the risk of a potential transmission pipeline incident by providing for timely response and situational control. The site emergency response plans should include coordination with the transmission pipeline operator. The developer should incorporate emergency response needs into land use development in proximity to the transmission pipeline right-of-way so as not to impede emergency response to a pipeline incident. Emergency response requirements include but may not be limited to the following:

a. Access to shutoff valves

Operator access to shutoff valve(s) ensures that the transmission pipeline can be shutoff to mitigate the impact (duration and volume of release) from a pipeline incident. Development plans should clearly indicate the access to shutoff valves. The access should be coordinated with the transmission pipeline operators. Access routes should consider access to areas that may be locked or gated for security and privacy purposes (i.e. private or gated communities, secured facilities, etc).

b. Access for emergency response personnel/equipment

Development plans should include emergency access and turnabouts, as needed. The emergency response access route should be of appropriate width to accommodate the emergency response equipment and the turnabouts should be of appropriate turning radius to facilitate forward or reverse hose lays and/or exit of any emergency response equipment. Access routes should consider access to areas that may be locked or gated for security and privacy purposes (i.e. private or gated communities, secured facilities, etc). NFPA 1 and IFC provide minimum standards for the plans, construction, specifications, and maintenance of access routes for emergency responders.

c. Location/capacity of firewater hydrants (as appropriate)

Although firewater is not typically used to extinguish flammable liquid or gas fires, firewater may be used to cool exposed structures to prevent fire spread. If use of hydrants is anticipated, the location and capacity of hydrants should be evaluated to ensure that there are hydrants available, that they are accessible and reliable, and that they are of adequate capacity. NFPA 1 and IFC provide minimum standards for the location and supply of hydrants.

d. Potential ICS, triage, and staging areas (as appropriate)

It may be beneficial to identify that there is ample amount of room in the vicinity for a potential incident command systems (ICS), triage, and staging areas. These may be included in the locality's Master Plans.

References

NFPA 1 and IFC (see Appendix for more information),
49 CFR Part 192.615, Emergency Plans (see 192.615(c))
49 CFR Part 195.402 Procedural Manual for Operations, Maintenance, and Emergencies (see 195.402(e) (7)),
Hazardous Materials Emergency Response Guide Book, 2004 Edition
National Association of State Fire MarshalsSafe Pipelines Program
Pipeline Emergencies
NFPA 1141
NFPA 1142

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ND24 Property Developer/Owner Should Have Temporary Markers Installed on the Edge of the Pipeline Right-of-way Prior to Construction

Practice Statement. The Property Developer/Owner should install temporary right-of-way or survey markers or fencing on the edge of the right-of-way or a buffer zone as determined by the transmission pipeline operator, prior to construction to provide a clearly defined boundary. The property developer/owner should ensure that the temporary markers or fencing are maintained throughout the course of construction.

Audience. Property Developer/Owner, Transmission Pipeline Operator, Local Government

Practice Description.

Excavators must always call the one-call center prior to beginning any excavation and must respect the locate marks showing where underground facilities are located.

In addition, to mitigate the risk of excavation damage or overburden to the transmission pipeline due to heavy construction equipment or material storage, temporary edge of the right-of-way markers should be installed by the property developer/owner to alert construction personnel of the extent of the right-of-way. Placing temporary right-of-way markers enhances the awareness of the pipelines presence and assists in visualizing the proximity of structures and landscaping to the edge of the transmission pipeline operators' right-of-way. Temporary fencing or temporary right-of-way markers can be used to mark the edge of the pipeline right-of-way. The right-of-way markers should be easily distinguishable from utility, survey and proposed excavation markers.

Local governments may consider the installation of the markers as a condition of the excavation permit. The markers should be installed before work begins and remain in place until construction is complete. The local government or other entity responsible for construction inspections could verify that the fencing is properly installed and maintained. (See example below.)

Reference

Columbia Gas Transmission Company

ND25 Property Developer/Owner Contact Transmission Pipeline Operator Prior to Excavating and Blasting

Practice Statement. Anyone planning to conduct excavating, blasting and/or seismic activities should consult transmission pipeline operators well in advance whenever excavations or blasting has the potential to affect the soil stability or lead to movement or settling of the soil surrounding the transmission pipeline.

Audience. Property Developer/Owner, Transmission Pipeline Operator, Local Government

Practice Description.

Transmission pipelines depend upon the stability of the soil surrounding the pipeline to ensure that the pipeline is adequately supported and is not over-stressed. Excavations (blasting, boring, digging, trenching, drilling, etc.), especially those that are deeper or down-gradient from the transmission pipeline, must be planned and conducted to ensure that they do not undermine the soil supporting the transmission pipeline, either at the time of the excavation, or later due to soil subsidence or settling. Property developers/owners planning excavation or blasting that may affect the transmission pipeline should coordinate with the transmission pipeline operator and provide information about the planned activities. Government should be engaged in the process during the permitting or licensing process for blasting, well in advance of the actual blasting operation where transmission lines may be impacted. Pipeline operators should be notified of the planned blasting operation as part of the permitting or licensing by local government.

Notification of operators through the regional One-call system is required for all excavations.

Seismic testing or land uses near pipelines that involve regular blasting (e.g., quarrying, mining) may require enhanced communications and coordination between the property developer/owner and the transmission pipeline operator. During the excavation or blasting activities, the transmission pipeline operator should continually evaluate any movement of the pipeline to ensure that acceptable stress levels in the pipeline are not exceeded.

References

API RP 1117, Recommended Practice for Movement in In-Service Pipelines, 3rd Edition, 2008.
49 CFR 192.614
CGA Best Practices (Appendix A defines excavation).
www.call811.com gives links to each state's one-call systems web sites, including reference to applicable laws.

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ND26 Using, Documenting, Recording and Retaining Encroachment Agreements (or Encroachment Permits)

Practice Statement. Encroachment agreements should be used, documented, recorded and retained when an operator agrees to allow a Property Developer/Owner/Local Government/ to encroach on the pipeline right-of-way for a long or perpetual duration in a manner that conflicts with the activities allowed on the easement.

Audience. Property Developer/Owner, Pipeline Operator, Local Governments

Practice Description.

A property developer/owner, local government, or utility may desire to encroach on the pipeline right-of-way for a long or perpetual duration in a manner that conflicts with the activities allowed by the easement agreement. Examples of such encroachment activities or uses include but are not limited to street and road crossings, ornamental fencing, heavy equipment crossings, large diameter utility crossings, pipeline casing extensions, blasting or use of explosives in the vicinity of pipeline facilities, pipeline cathodic protection facilities, driveways, residential lines (water, sewer, television, electric), golf course, biking trail, fencing, and sprinkler systems.

The property developer/owner, local government or utility should contact the pipeline operator and provide information about the proposed encroachment. Necessary information may include a legal description of the land, a description of the desired activity or use in the right-of-way, surveys, plans and drawings.

After the encroachments and acceptable uses of the right-of-way are agreed upon, they should be documented in an encroachment agreement by the landowner and the easement owner. Documenting the agreement will help ensure land use activities are not conducted in a manner that could be detrimental to pipeline integrity and public safety

Some examples of common terms and conditions that may be included in but are not limited to an encroachment agreement are: 1) location of said activity or use, 2) indemnity of the operator for damage arising from the encroaching activity or use, 3) operator right to remove landowner facilities for future pipeline construction or maintenance, 4) landowner activity or use must be in compliance with all laws and regulations, 5) transferability/binding nature of agreement to future landowners, 6) landowner financial responsibility, and 7) landowner abides by state one-call requirements.

Examples of special provisions an operator may require involve: 1) depth of cover and prohibition of heavy equipment over the pipeline, 2) hand digging and hand compaction near pipeline, 3) exposure of pipeline if boring, and 4) minimum clearance of facilities from the pipeline.

Operator recording practices vary but the agreement should be recorded if the rights and obligation of the encroachment may be transferrable. Recording an encroachment agreement would also serve to make the agreement available to the public. An encroachment agreement identifies and provides notice of encumbrances attached to the property. Access to such records and information is necessary to identify issues that may arise in planning the development and changes in use of the land. Identification of acceptable land uses provides the opportunity to proactively resolve conflicts and issues. Encroachment agreements should be retained by both parties for the duration of the encroachment.

References

RP API 1162 Public Awareness Programs for Pipeline Operators, Section 4.9

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ND27 Using, Documenting and Retaining Letters of No Objection, or Conditional Approval Letters

Practice Statement. Operators may use, document and retain Letters of No Objection for such purposes as: 1) to show agreement of short-term acceptable activities of land on or near the transmission pipeline rights-of-way and 2) to notify the developer/landowner/government that the operator does not object to the proposed plans for use of the land on or near the pipeline right-of-way.

Audience. Property Developer/Owner, Pipeline Operator, Local Governments

Practice Description.

Between a property developer/owner and the pipeline operator, a "Letter of No Objection" or a "Conditional Approval Letter" provides interested parties a document that indicates the operator has reviewed plans and does not have objection, provided any conditions for the activity are complied with, to the proposed use of land on or near the right-of-way. The document provides details of allowable temporary land use as well as the terms and conditions for use until the land is returned to its original use. Additionally, a letter of no objection may be used to provide a documented response from the operator to the government planner or developer that they have no objection to the proposed development plans. In certain cases, such Letter of No Objection may be included as a requirement in local government's development regulations.

When used for proposed planning, Letters of No Objection provide documented communication between operator and developer/government planner so that activities that adversely affect pipeline safety are identified early in the planning phase. Letters of No Objection are generally not recorded but are retained by the operator.

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