Click here to skip to main content.
scenic picture from Washington state
Subjects › Public Safety › Pipeline Safety › PIPA Final Recommended Practices Text
Published 01/2011

PIPA Final Recommended Practices Text

Note to User:  This page's content has been excerpted  from the original report entitled, Partnering to Further Enhance Pipeline Safety In Communities Through Risk-Informed Land Use Planning Final Report of Recommended Practices, called the  PIPA Final Report (Adobe Acrobat Document), November 2010.  This page  covers pages 17 to 94 of the original report posted  on the US Department of Transportation, Pipeline and Hazardous Materials Safety Administration (PHMSA) in pdf format.  The Government Property text format has been  altered slightly by MRSC, including reference citation format.  A reference citation to the original pages of the recommended practices section of the publication has been included at the head of each practice.  Appendices are linked to a copy of the report posted on MRSC's website.

[PIPA Report, November 2010 Page 17]

GENERAL INFORMATION ON RECOMMENDED PRACTICES

As mentioned earlier, the recommended practices developed by the PIPA stakeholder participants are not mandated by any public or private entity. Furthermore, in some cases implementation of the recommended practices may not be feasible or cost effective. They are intended to provide guidance to pipeline operators, local officials, property owners and developers to provide for the safe use of land near transmission pipelines. Some local governments may want to adopt certain practices within their development regulations or simply encourage voluntary adoption by their local development community. Both approaches have been used by communities around the country.

During the development of the recommended practices, it was recognized that a wide variety of technology is used by local governments both for mapping and development proposal processing. Local governments with limited technology and funding may not be able to fully implement the recommended practices.

Also, consider a property developer/owner with a small parcel of land with a significant portion of the property contiguous to a transmission pipeline right-of-way. The size and shape of the parcel would limit the ability of the property developer/owner to implement the development recommended practices as included in this report.

The recommended practices are grouped into one of two scenarios. Each recommended practice includes the practice title, a brief practice statement, the stakeholder audience intended to take action to implement the practice, practice details, and references if applicable. The practices are numbered and arranged roughly in a logical order within each scenario. The scenarios are:

  • Baseline (BL) Recommended Practices - These practices should be implemented by stakeholders in preparation for future land use and development.
  • New Development (ND) Recommended Practices - These practices should be implemented by stakeholders when specific new land use and development projects are proposed.

All stakeholders are encouraged to become familiar with each of the recommended practices. Even though you may not be taking action under a practice, you may be affected by another stakeholder implementing the practice. The following table shows each recommended practice and the key stakeholder(s) that should take action based on the recommended practice.

[PIPA Report, November 2010 Page 18]

Recommended Practice Local Government Property Developer/Owner Transmission Pipeline Operator Real Estate Commission
BASELINE (BL) RECOMMENDED PRACTICES        
BL01   Obtain Transmission Pipeline Mapping Data X      
BL02   n/a – Recommendation is incorporated into other practices.        
BL03  Utilize Information Regarding Development around Transmission Pipelines X   X  
BL04   Adopt Transmission Pipeline Consultation Zone Ordinance X      
BL05   Define Transmission Pipeline Consultation Zone X      
BL06   Implement New Development Planning Areas around Transmission Pipelines X      
BL07   Understand the Elements of a Transmission Pipeline Easement   X    
BL08   Manage Land Records   X X  
BL09   Document and Record Easement Amendments   X X  
BL10   Implement Communications Plan     X  
BL11   Effectively Communicate Pipeline Risk and Risk Management Information     X  
BL12   Notify Stakeholders of Right-of-Way Maintenance Activities     X  
BL13   Prevent and Manage Right-of-Way Encroachment     X  
BL14   Participate to Improve State Excavation Damage Prevention Programs X X X  
BL15   Enhance Damage Prevention Practices near High-Priority Subsurface Facilities     X  
BL16   Halt Dangerous Excavation Activities near Transmission Pipelines X   X  
BL17   Map Abandoned Pipelines     X  
BL18   Disclose Transmission Pipeline Easements in Real Estate Transactions       X

[PIPA Report, November 2010 Page 19]

Recommended Practice Local Government Property Developer/Owner Transmission Pipeline Operator Real Estate Commission
NEW DEVELOPMENT (ND) RECOMMENDED PRACTICES        
ND01   n/a – Recommendation is incorporated into other practices.        
ND02   Gather Information for Design of Property Development near Transmission Pipelines   X X  
ND03   Review Acceptability of Proposed Land Use of Transmission Pipeline Right-of-Way Prior to Design   X    
ND04   Coordinate Property Development Design and Construction with Transmission Pipeline Operator   X X  
ND05   n/a – Recommendation is incorporated into other practices.        
ND06   Require Consideration of Transmission Pipeline Facilities in Land Development Design X X    
ND07   Define Blanket Easement Agreements When Necessary X X X  
ND08   Collaborate on Alternate Use and Development of Transmission Pipeline Right-of-Way X X X  
ND09   Provide Flexibility for Developing Open Space along Transmission Pipeline Rights-of-Way X      
ND10   Record Transmission Pipeline Easements on Development Plans and Final Plats X X    
ND11   Reduce Transmission Pipeline Risk through Design and Location of New Parking Lots and Parking Structures X X    
ND12   Reduce Transmission Pipeline Risk through Design and Location of New Roads X X    
ND13   Reduce Transmission Pipeline Risk through Design and Location of New Utilities and Related Infrastructure X X    
ND14   Reduce Transmission Pipeline Risk through Design and Location of Aboveground Water Management Infrastructure X X    
ND15   Plan and Locate Vegetation to Prevent Interference with Transmission Pipeline Activities X X    
ND16   Locate and Design Water Supply and Sanitary Systems to Prevent Contamination and Excavation Damage X X    
ND17   Reduce Transmission Pipeline Risk in New Development for Residential, Mixed-Use, and Commercial Land Use X X    

[PIPA Report, November 2010 Page 20]

Recommended Practice Local Government Property Developer/ Owner Transmission Pipeline Operator Real Estate Commission
ND18   Consider Transmission Pipeline Operation Noise and Odor in Design and Location of Residential, Mixed-Use, and Commercial Land Use Development X X X  
ND19   Reduce Transmission Pipeline Risk through Design and Location of New Industrial Land Use Development X X    
ND20   Reduce Transmission Pipeline Risk through Location, Design, and Construction of New Institutional Land Use Developments X X    
ND21   Reduce Transmission Pipeline Risk through Design and Location of New Public Safety and Enforcement Facilities X X    
ND22   Reduce Transmission Pipeline Risk through Design and Location of New Places of Mass Public Assembly (Future Identified Sites) X X    
ND23   Consider Site Emergency Response Plans in Land Use Development X X    
ND24   Install Temporary Markers on Edge of Transmission Pipeline Right-of-Way Prior to Construction Adjacent to Right-of-Way X X    
ND25   Contact Transmission Pipeline Operator Prior to Excavating or Blasting X X X  
ND26   Use, Document, Record and Retain Encroachment Agreements or Permits X X X  
ND27   Use, Document and Retain Letters of No Objection and Conditional Approval Letters X X X  
ND28   Document, Record and Retain Partial Releases   X X  

[PIPA Report, November 2010 Page 21]

BL01 Obtain Transmission Pipeline Mapping Data

Practice Statement   Local government agencies responsible for land use and development planning or the issuance of development permits should obtain mapping data for all transmission pipelines within their areas of jurisdiction from PHMSA’s National Pipeline Mapping System or from the transmission pipeline operators and show these pipelines on maps used for development planning.

Audience   Local Government

Practice Description   

Transmission pipeline operators are required to submit pipeline location information to PHMSA’s National Pipeline Mapping System (NPMS). Operators must update the information annually and include identification of an operator contact and an estimation of data accuracy. PHMSA combines data submittals from all transmission pipeline operators and displays the pipelines through a geographic information system (GIS) called the Pipeline Integrity Management Mapping Application (PIMMA). The raw GIS data viewed through PIMMA is available to local government officials.

When technically feasible, local governments should apply for raw NPMS data, which is available in ESRI shape file format. Details on obtaining the data appear below. The mapping data in NPMS is a valuable tool to initially obtain pipeline location data. Operators may provide more detailed maps. When transmission pipelines are shown on local government planning maps, they should be accompanied by a warning that the pipeline location information is not to be used as a substitute for calling the one-call damage prevention system before excavating. Since NPMS is updated annually by transmission pipeline operators, local governments should obtain updated data from the NPMS annually to check for the addition or retirement of pipelines. As mentioned, NPMS data includes contact information for each transmission pipeline operator if local governments need to contact them for additional information.

Online Data Access

It is recommended that local government agencies establish PIMMA accounts to view transmission pipeline data sets at the county level. The application for a PIMMA account is available online.

Access to PIMMA allows local government users to view transmission pipeline maps and pipeline attributes for transmission pipelines within their areas of jurisdiction. They may also create or print maps in the Adobe portable document format (PDF).

The NPMS Public Viewer is available to the general public. It allows users to view pipeline maps for a user-specified state and county, but does not offer as many attributes or as large a scale as the password-protected PIMMA viewer does. The NPMS Public Map Viewer is available online.

Raw Data Distribution

Local government agencies can also request pipeline GIS data in ESRI format for transmission pipelines within their areas of jurisdiction. Information about requesting raw data can be found online.

[PIPA Report, November 2010 Page 22]

Bl02 Incorporated into other recommended practices. Page is otherwise blank.

[PIPA Report, November 2010 Page 23]

BL03 Utilize Information Regarding Development around Transmission Pipelines

Practice Statement   Transmission pipeline operators should provide information about their pipelines to local governments and property developers/owners who are planning development around their pipelines. Local government authorities regulating development should use this information to establish requirements regarding land use and development around transmission pipelines.

Audience   Local Government, Transmission Pipeline Operator

Practice Description

As required by federal pipeline safety regulations and, through incorporation to the regulations by reference, the American Petroleum Institute’s Recommended Practice (API RP) 1162, transmission pipeline operators must provide information regarding their pipelines to local government organizations. Pipeline operators should include local government organizations having jurisdiction for regulating land use and property development. This will help ensure adequate understanding of the risks posed by transmission pipelines and encourage land use planners to incorporate pipeline coordination in their plan approval process.

Operators should also provide information related to transmission pipeline characteristics and associated hazards to local governments to enable them to make risk-informed decisions on proposed developments and/or development plans in relation to the pipeline risks.

By providing clear information and guidelines, transmission pipeline operators can standardize, to some degree, their own requirements and processes for coordinating development near their pipelines.

Educating property developers/owners regarding the rights of the transmission pipeline operator can lessen the likelihood that excavators will use construction techniques or procedures that threaten the integrity of the transmission pipeline. It can also reduce the likelihood of development designs that fail to take into account encroachment on pipeline rights-of-way a transmission pipeline operator’s need for access to the pipeline for maintenance and repairs.

The information and guidelines should be made readily available through the operators’ websites, and communicated via e-mail and other methods to organizations that represent the various stakeholder constituent groups (local government planning and zoning organizations, builders associations, engineering organizations, etc.).

Local government authorities regulating development should use this information to establish requirements for development around transmission pipelines and to make informed decisions relevant to pipeline risks on proposed developments and/or land use and development plans. Those requirements should also consider other Pipelines and Informed Planning Alliance (PIPA) recommended practices.

References:

[PIPA Report, November 2010 Page 24]

[PIPA Report, November 2010 Page 25 ]

BL04 Adopt Transmission Pipeline Consultation Zone Ordinance

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

Audience   Local Government

Practice Description

Local governments should adopt ordinances requiring that property developers/owners must review their proposed projects with the transmission pipeline operators for any application for a land use or development permit within a transmission pipeline “consultation zone.” This applies for developments in either urban or rural areas.

Local developers are not transmission pipeline experts; therefore, they should consult with the pipeline operator to determine whether a proposed land use or development will impact the integrity of the nearby transmission pipeline or the future safety of persons or property. If the transmission pipeline operator is involved early in the development process, there should be adequate time to incorporate the operator’s concerns into the design.

During the consultation, the pipeline operator and the property developer/owner should develop a mutually agreeable timeline for the operator’s review of the proposed project. If the pipeline operator and property developer/owner cannot reach agreement on pipeline-related issues, the operator can provide input to the local government planning and zoning organization 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 learn of proposed land use and development projects only after the design is complete or construction begins. In those situations, it is often difficult or impossible to make cost-effective changes that may be needed to enhance public safety and ensure operator access to the pipeline facilities.

Section 2 of the Model Ordinance in Appendix B (Adobe Acrobat Document) 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:

[PIPA Report, November 2010 Page 26]

BL05 Define Transmission Pipeline Consultation Zone

Practice Statement   Local governments should define a “consultation zone” to provide a mechanism for communication between property developers/owners and operators of nearby transmission pipelines when new land uses and property developments are being planned.

Audience   Local Government

Practice Description

Local governments should define a consultation zone to provide a mechanism to initiate communication between property developers/owners and operators of nearby transmission pipelines when new land uses and property developments are being planned. Optimally, the consultation zone distance should be measured from the transmission pipeline centerline and should be based on specific pipeline characteristics and local conditions.

The intent of this recommended practice is to initiate a dialogue between the property developer/owner and the transmission pipeline operator when new land use or property development is planned near a transmission pipeline. This dialogue will serve to: (1) protect the transmission pipeline by promoting adequate consideration of the potential safety impacts of the proposed land use or property development on the pipeline; and (2) raise awareness of the potential safety impacts of the transmission pipeline on the proposed land use or development so they can be taken into account during planning and design.

For proposed new land uses and developments within the consultation zone, the property developer/owner should be required to initiate consultation with the transmission pipeline operator as early as possible in the development planning process. The local government and the property developer/owner should consult local land records to determine if transmission pipelines are located in the proposed development area. In addition, the National Pipeline Mapping System (NPMS), may be utilized, with the caution that the accuracy of pipeline locations in the NPMS vary from pipeline to pipeline and may be as much as +/- 500 feet. Also, neither local land records nor the NPMS should ever be used in lieu of calling the one-call center to have the actual position of transmission pipelines and other underground facilities located and marked prior to excavation. In most cases an excavator can generally dial 811 to contact the one-call center.

Once consultation has begun, specific considerations to further enhance safety and protect communities where new development is planned near transmission pipelines may be taken into account. Several additional considerations are discussed in PIPA recommended practices BL06 and ND11 through ND23. Recommended Practice BL06 addresses the development and implementation of a “planning area”.

A consultation zone distance should be measured from the transmission pipeline centerline. So that consultation zone requirements are appropriately applied to proposed land uses and developments, a site-specific distance based on the characteristics of the pipeline (e.g., pipeline diameter, operating pressure, potential spill volumes, transported commodities, unrestrained flow characteristics of transported commodities) and the area surrounding the pipeline (e.g., topography, population density, vegetation, structures, etc.) should be determined. Local governments should work with the pipeline

[PIPA Report, November 2010 Page 27]

operators to determine site-specific pipeline characteristics when developing their consultation zone distances.

Absent site-specific information, it is suggested that a standard consultation zone distance, on either side of the pipeline centerline, of 660 feet be used for natural gas transmission pipelines. For hazardous liquid pipelines, also absent site-specific information, it is suggested that a standard consultation zone distance in a range from 660 to 1,000 feet be considered. However, in either case it is recommended that communities develop and utilize site-specific distances for consultation zones, based on the unique characteristics for the pipeline and the area surrounding the pipeline. As noted, the transmission pipeline operator can be helpful and should be consulted in assisting local governments to better understand the pipeline characteristics when they develop site-specific consultation zone distances.

Generally, consultation zone distances larger or smaller than the standard distances may be warranted. High/low operating pressure, large/small pipe diameters, type of product carried and local topography can influence the potential impact on nearby development. Related information on refining planning area distances (see PIPA Recommended Practice BL06) is provided in Appendix I(Adobe Acrobat Document). Additionally, American Petroleum Institute Recommended Practice (API RP) 1162, Public Awareness Programs for Pipeline Operators, First Edition, December 2003, includes recommendations for collaboration among pipeline operators, property owners/developers and emergency response officials that may be helpful in developing criteria for a planning area. API RP 1162 applies within 660’ of a hazardous liquid pipeline.

Local requirements should be clear that the consultation zone is only intended to:

  • Alert the transmission pipeline operator that a development near its pipeline is being planned;

[PIPA Report, November 2010 Page 28]

  • Help protect transmission pipelines by promoting adequate consideration of the potential safety impacts of the development on the transmission pipeline; and
  • Raise awareness of the potential safety impacts of the transmission pipeline on the development.

Satisfying these objectives may help to avoid costly changes in land use and development plans at a later date and potential damage to the pipeline.

Relationship to Practice BL04

PIPA Recommended Practice BL04 encourages local governments to enact ordinances, regulations, or procedural recommendations that require property developers/owners to consult with transmission pipeline operators as part of the land use planning and permitting process, when development is planned within a consultation zone. The definition of a consultation zone, as provided here in Recommended Practice BL05, helps to simplify the determination of when such consultations should be initiated. Verification that the requirements for consultation are met should not impose an undue burden on the landowner, developer, or pipeline operator.

Relationship to Pipeline Operator Public Awareness Programs

The purpose for and size of a consultation zone does not affect the requirements for transmission pipeline operators to develop and implement pipeline public awareness programs as defined by PHMSA pipeline safety regulations.

Information the Transmission Pipeline Operator may need from the Property Developer/Owner

During consultation, a transmission pipeline operator may need information from the property developer/owner in order to discuss appropriate considerations for the proposed development.

  1. What is the street address (or if not available, the general location) of the property.
  2. Is the property encumbered by a pipeline easement? If so, please attach a copy of the easement or provide the recording (volume and page) information.
  3. Is there visual evidence of a pipeline on subject property (e.g., aerial markers, above-ground appurtenances, etc.)?
  4. Will the proposed development of the property require/entail (and if so, please describe briefly):
    1. Road crossings over the pipeline?
    2. Other utility lines crossing over or under the pipeline?
    3. Permanent structures or paving within the easement area (e.g., paving, parking lots, buildings, pedestrian paths, signage, poles, retaining walls, septic systems, basketball/tennis courts, etc.)?
    4. Extensive landscaping (including irrigation systems) within the easement area?
    5. Changing the amount of cover (by adding or removing dirt) within the easement area?
    6. Construction equipment crossing the pipeline?
    7. Blasting, seismic vibration testing, pile driving, or similar event which produces significant shock and/or sound waves?

[PIPA Report, November 2010 Page 29]

    1. Significant excavation (underground parking structures or building foundations, core samples, rock/mineral quarries, dams, etc.)?
    2. Impounding water or building drainage ditches or other drainage facilities?
    3. Fencing running parallel to (within 100 feet) or crossing the pipeline?
    4. Storing materials, equipment, vehicles, or other items within the easement area (e.g., construction materials, junk or scrap heaps, cut timber, boats, military equipment, etc.)
  1. What is the approximate distance of the proposed building closest to the pipeline?
  2. Has the pipeline operator been previously contacted regarding this development? If so, by whom.
  3. Provide a site plan if available.

Information Transmission Pipeline Operators may provide during Consultation

Some examples of information that transmission pipeline operators may provide to local governments and/or property developers/owner to assist them in developing consultation zone distances or planning specific developments:

  1. Pipeline diameter and wall thickness
  2. Age of pipeline
  3. Depth of cover
  4. Typical operating pressure and maximum allowable operating pressure
  5. Material transported and typical daily flow rate
  6. Estimated worst case spill volume in the area of the development

References:

[PIPA Report, November 2010 Page 30]

BL06 Implement New Development Planning Areas around Transmission Pipelines

Practice Statement   Local governments should consider implementing “planning areas” to enhance safety when new land use and property development is planned near transmission pipelines.

Audience   Local Government

Practice Description

Local governments should consider implementing “planning areas” to enhance safety when new land use and property development is planned near transmission pipelines. A planning area can provide for the application of additional development regulations, standards, or guidelines to ensure safety when development occurs in close proximity to a transmission pipeline. PIPA recommended practices ND11 through ND23 describe additional considerations for use within a planning area.

Risk is defined as the product of the probability of an incident occurring and the consequences of that incident. Existing pipeline safety regulations focus on reducing pipeline risk by prescribing strict design, construction, operation and maintenance, and inspection requirements for pipeline operators. However, transmission pipeline operators have direct control only over activities within their easements or rights-of-way.

Land use planning regulations that address the development of property near a pipeline easement are generally developed and implemented by local governments (cities, towns, townships, counties, parishes). Such measures can help reduce the potential consequences and, thereby, the potential risks of transmission pipeline incidents. Local governments should make informed, risk-based decisions on how to manage land use and property development near transmission pipeline rights-of-way. These decisions should be balanced with other planning considerations to avoid placing undue burdens on land use and property development near transmission pipelines.

A planning area distance should be measured from the transmission pipeline centerline. So that planning area requirements are appropriately applied to proposed land uses and developments, a site-specific distance based on the characteristics of the pipeline (e.g., pipeline diameter, operating pressure, potential spill volumes, transported commodities, unrestrained flow characteristics of transported commodities) and the area surrounding the pipeline (e.g., topography, population density, vegetation, structures, etc.) should be determined. Local governments should work with the pipeline operators to determine site-specific pipeline characteristics when developing their planning area distances.

A planning area should not be construed as an unsafe area and the planning area distance is not intended to be used as a fixed setback distance. Rather, a planning area is a corridor in which additional measures, such as those described in PIPA recommended practices ND11 through ND23, may have potential benefits in protecting transmission pipelines, mitigating the immediate consequences of a transmission pipeline incident, and facilitating emergency response to a potential transmission pipeline incident.

Absent site-specific information, it is suggested that a standard planning area distance, on either side of the pipeline centerline, of 660 feet be used for natural gas transmission pipelines. For hazardous liquid pipelines, also absent site-specific information, it is suggested that a standard planning area distance in a

[PIPA Report, November 2010 Page 31]

range from 660 to 1,000 feet be considered. The suggested standard distances are intended to apply to common pipeline sizes and pressures and don’t take into account the possibility of flow of liquid or heavier than air gases. Thus, in either case it is recommended that communities develop and utilize site- specific distances for planning areas, based on the unique characteristics for the pipeline and the area surrounding the pipeline. As noted, the transmission pipeline operator can be helpful and should be consulted in assisting local governments to better understand the pipeline characteristics when they develop site-specific planning area distances.

Generally, planning areas larger or smaller than the standard distances may be warranted. High/low operating pressure, large/small pipe diameters, type of product carried and local topography can influence the potential impact of a transmission pipeline incident on nearby development. More information on further refining planning area distances is provided in Appendix I. American Petroleum Institute (API) Recommenced Practice (RP) 1162 includes recommendations for collaboration among pipeline operators, property owners/developers and emergency response officials that may be helpful in developing criteria for a planning area. PHMSA and state pipeline safety regulators may also be consulted. API RP 1162 applies within 660’ of gas transmission and hazardous liquid pipelines.

References:

[PIPA Report, November 2010 Page 32]

BL07 Understand the Elements of a Transmission Pipeline Easement

Practice Statement   Property developers/owners should have an understanding of the elements of and rights conveyed in a transmission pipeline easement.

Audience   Property Developer/Owner

Practice Description   

Understanding the elements of and rights conveyed in a transmission pipeline easement can improve the relationship among stakeholders and ultimately pipeline and public safety.

An easement agreement and survey (and/or accurate drawing) should be available to the affected landowner. Easement agreements and survey documents may be available from various sources, including the pipeline operator and the county/municipal land records department.

The property developer/owner should consider what is allowed under the easement agreement relative to the pipeline operator’s rights to site aboveground transmission pipeline facilities, such as compressor stations, metering stations, valves, pipeline markers, and cathodic protection systems (see PIPA Recommended Practice ND18). The property developer/owner and local government should work with the pipeline operator to ensure that any land use and development plans would not interfere with the current or potential future locations of such pipeline facilities or the operation and maintenance of the pipeline and related facilities.

What are the elements of an easement?

The forms of transmission pipeline right-of-way easements differ from company to company, and the legal requirements of a right-of-way easement differ from state to state. Easements can range from one page with a few provisions to twenty or more pages that attempt to address every eventuality. To be enforceable, the agreement must conform to all of the requirements set out by state law.

While requirements for easement provisions vary, the following items are typical for most easements.

  1. The easement must designate a grantee and a grantor. The grantor is normally the landowner or an agent of the landowner, and the grantee is normally the transmission pipeline company.
  2. The granting clause is normally the first or second paragraph of an easement and describes the rights granted to the grantee. For transmission pipeline easements, this clause usually lists the rights granted to the pipeline company such as: “lay, construct, maintain, alter, replace, change the size of, and remove a pipeline or pipelines….”
  3. Most states require that all real estate-related documents provide for compensatory consideration. The object is to provide the landowner with just or adequate compensation in exchange for the easement.
  4. The property over which the easement is granted and the locations and dimensions of the easement and of the transmission pipeline are described in some manner. Legacy easements may exist where the location of the pipeline or the boundaries of the right-of-way were not defined. New easements should define both.

[PIPA Report, November 2010 Page 33]

In most states, the property can be described by referencing its deed of acquisition or other related documents in the chain of title, by written description, or by plat or drawing. (Note: In some states, a drawing must be attached to an easement or right-of-way grant before the document can be recorded). The easement to be granted can be described by written description, by drawing or by a defined reference such as, for example: “Said right of way being fifty foot in width and extending twenty-five feet from each side of the centerline of the pipeline installed hereunder, together with the right to use a strip of land adjacent to the said right of way as temporary work space during construction of said pipeline, (all as generally depicted on Exhibit “A” attached hereto), on, over, under, and through the following described lands….”

There may be a second, separate and fairly wide, temporary working easement. The easement should be surveyed and marked before construction begins.
  1. Optimally, easements should have a series of applicable provisions that further establish the rights and responsibilities of each party. Such provisions may include but are not limited to:
    1. Construction related provisions, including specifications of: temporary workspace, restoration requirements, timetable or time of day for construction, temporary crossings across open trenches or ditches, backfilling and compaction of trenches.
    2. Site-specific environmental issues.
    3. Other transmission pipeline details, such as: depth of cover requirements; number and size of pipelines; additional line rights; product transported; maximum size; maximum pressure; and above-ground facilities, such as but not limited to: test leads, markers, rectifiers, casing vents, valves and valve actuators, meter stations and pig launcher/receivers.
    4. Encroachments: driveways, access roads, gates or cattle guards where easement crosses fence lines, acceptable landowner uses (see PIPA Recommended Practice ND08)
    5. Routes of ingress and egress: maintenance of access roads, gates and/or cattle guards.
    6. Inspection and maintenance: right-of-way clearing, pipeline operator maintenance and inspection schedules.
    7. Pipeline and appurtenance abandonment: disposition of the transmission pipeline and easement after the pipeline is abandoned. Disposition of idled or out of use but not abandoned transmission pipelines.
    8. Liability for certain damages or negligence.
    9. Indemnification: An indemnity agreement provides that one party will save and hold harmless the other party against any legal causes of action, including environmental, levied as a result of activities both on and off the land. The indemnity could include both judgments and any legal fees incurred in defense of a suit. Each party should consider indemnification from the other.

[PIPA Report, November 2010 Page 34]

    1. Notification of assignment to a third party: “Assignment” is the ability of a transmission pipeline operator to transfer the easement with the sale of the pipeline to another party. Landowners may want to be notified if the operator sells the pipeline to another entity.
    2. State and local government requirements.
    3. Payment: Payment may be specified, for example, for the easement, damages to crops, timber or other products located within or outside of the easement, impact to land entitlements, division between the landowners and the surface tenant, duration, survey fees, legal review fees, recording fees, and taxes on payment.
  1. The date of the document, signatures of the grantors and their acknowledgements are not provisions but are mandatory requirements of an easement or real estate type documents. Signatures of the grantors of the easement documents must be exactly as they appear on the previous documents confirming their capacity in which they hold title to the property. Notary public information is below the landowner and pipeline company signatures. Easements are recorded with the appropriate statutory body and are accessible to the public.

[PIPA Report, November 2010 Page 35]

BL08 Manage Land Records

Practice Statement   Land use agreements between pipeline operators and property owners should be documented and managed and, when necessary, recorded.

Audience   Property Developer/Owner, Transmission Pipeline Operator

Practice Description   

Allowable property owner activities and uses of a transmission pipeline right-of-way (ROW) are initially created when an easement agreement (see PIPA Recommended Practice BL07) is signed between the property owner and the pipeline company. These agreements are normally recorded with the appropriate statutory office. Once an easement agreement is executed, the property owner may have limited rights to perform certain activities within the boundaries of the easement. Usually, the property owner may make use of the easement in any manner that is consistent with and that will not interfere with the rights and activities granted to the pipeline operator in the easement. The character and extent of the rights created for both the grantor and grantee by a grant of easement is determined by the language of the grant.

A property owner may desire to use the land within the boundaries of the easement in a manner that was not allowed in the original easement agreement. To do so, the property owner will need to consult with the transmission pipeline operator to gain permission to perform the desired activity or use. If permission is granted, the agreement may be documented in the form of an encroachment agreement (see PIPA Recommended Practice ND26), a letter of no objection (Practice ND27), a partial release (Practice ND28), or an easement amendment (Practice BL09). The type of agreement document may vary, depending on the type and scope of the proposed activity or use of the easement.

Anyone who subdivides property, including subdivision developers, should provide purchasers of individual lots copies of applicable easements and, if available, a survey or drawing showing the location of the transmission pipeline and extent of the pipeline easement (see PIPA Recommended Practice ND10). Subdivision developers should record in the deeds the existing pipeline easements covering each lot in the subdivision.

Land documents should be recorded in order to provide public access to the records and public notice (i.e. constructive notice) of encumbrances on the affected property. Recording land documents is the official means by which interests in real property are made a matter of public record, and is necessary when public access to information related to easements, encroachment agreements, partial releases, letters of no objection, etc. is needed. Affected parties are charged with “constructive notice” of all recorded documents. Unrecorded easements and other interests may be challenged if a subsequent purchaser of a property subject to an easement buys it with no actual notice of the easement or other interest.

Transmission pipeline operators or property owners should record property easements and similar agreements as soon as possible after acquiring them. If existing easements were not recorded when they were acquired, they still can be recorded. In order to maintain or protect rights or meet obligations, the property owner and transmission pipeline operator must know such rights or obligations exist. A

[PIPA Report, November 2010 Page 36]

documented agreement between a property owner and a transmission pipeline operator provides a clear, enforceable vehicle to communicate allowable activities or uses of the pipeline right-of-way, including those that are not allowed in the original easement. Recording easements will help ensure that land use and development activities are not conducted in a manner that could be detrimental to transmission pipeline integrity and safety.

Documentation of easements is necessary to identify issues that may arise in planning future land use and development. Identification of potential conflicts and issues provides the opportunity to resolve them through discussion early in the planning process. Regardless of the type or duration of the agreement, property owners are subject to applicable state one-call damage prevention laws prior to performing any excavation on a transmission pipeline right-of-way.

In addition to recording documents with the appropriate statutory office, transmission pipeline operators should have a comprehensive record-keeping system established for land documents. Agreement records should be retained for the life the document, including any “encroachment agreement,” letter of no objection,” “partial release,” or “easement amendment.”

References:

[PIPA Report, November 2010 Page 37]

BL09 Document and Record Easement Amendments

Practice Statement   Easement amendments should be documented, managed and recorded.

Audience   Property Developer/Owner, Transmission Operator

Practice Description

A transmission pipeline operator may desire to use the land within the boundaries of the easement in a manner that was not allowed in the original easement agreement. Examples of modifications to the agreement include the installation of additional appurtenances, the utilization of an existing right-of-way for additional pipelines for the efficient use of land, or the redefining of the easement. To do so, the transmission pipeline operator will need to consult with the property owner to gain permission to perform the desired activity or use. If permission is granted, the agreement may be documented in the form of an easement amendment.

Easement amendments modify the existing agreement between the pipeline operator and the landowner. The parties with legal interests to the land come to agreement on the language of the easement amendment, survey the property and record the amendment with the appropriate statutory office (i.e. county recorder, parish clerk). The easement amendment is retained for the life of the easement. There may be additional compensation provided to the landowner based on the value of the
land in exchange for the new rights.

[PIPA Report, November 2010 Page 38]

BL10 Implement Communications Plan

Practice Statement   Transmission pipeline operators should develop and implement effective communications plans when communicating acceptable transmission pipeline right-of-way uses and activities to property developers/owners and other stakeholders.

Audience   Transmission Pipeline Operator

Practice Description

Typical transmission pipeline operator to stakeholder communications regarding acceptable rights-of- way uses and activities occur either to: 1) exchange information; 2) educate; or 3) cause behavior or a change in behavior. Most pipeline operator communications regarding acceptable right-of-way uses and activities are intended to cause certain behaviors among stakeholders. Understanding what behavior is expected and what behavior is currently exhibited is important to changing behavior. To maximize the opportunity created with each communication, the pipeline operator should give considerable thought to what behavior is desired, what behavior needs to change, and what behavior should be maintained by the specific stakeholder segment.

A process model for communicating to stakeholders regarding acceptable uses and activities on transmission pipeline rights-of-way is applicable in any circumstance. This includes existing transmission pipelines in existing developed areas and rural areas, when a new transmission pipeline is being constructed, and when new development is occurring near an existing transmission pipeline. The following PIPA seven-step model is useful when a transmission pipeline operator is communicating acceptable right-of-way uses and activities to land owners and other stakeholders. However, the model can be used by any stakeholder to make their communications more effective.

  1. Identify the problem (or need) the communication will address
  2. Determine which stakeholder(s) receives the communication
  3. Identify draft message to be communicated
  4. Develop the final message and message delivery system based on a strategy best suited for the desired outcome
  5. Implement communications
  6. Measure effectiveness
  7. Identify and implement changes if necessary

Further discussion of the PIPA seven-step communication model is included as Appendix E  (Adobe Acrobat Document).

Transmission pipeline operators are required by current pipeline safety regulations to develop and implement enhanced public awareness programs following the American Petroleum Institute’s Recommended Practice (RP) 1162. RP 1162 has requirements similar to this seven-step process. Additionally, the Common Ground Alliance (CGA) Damage Prevention Best Practices include practices for communicating with damage prevention stakeholders.

[PIPA Report, November 2010 Page 39]

BL11 Effectively Communicate Pipeline Risk and Risk Management Information

Practice Statement   Transmission pipeline operators should identify barriers to effectively communicating with stakeholders and use communication techniques designed to overcome those barriers and effectively engage stakeholders to communicate with them regarding pipeline risks and how the operator manages such risks.

Audience   Transmission Pipeline Operator

Practice Description

For communication to be effective, it must be a two-way dialogue. However, personal experiences affect the way messages are received. This and other considerations make it essential that the transmission pipeline operator understands that there may be barriers to effective communication and finds ways to overcome those barriers to better communicate with stakeholders.

Appendix F (Adobe Acrobat Document) to this report looks at communications barriers from the perspective of a transmission pipeline company communicating with key stakeholder audiences, and provides some suggested considerations and tools to potentially address those barriers. Some, all, or none of the barriers identified in Appendix F may be present in any actual situation.

Identification of barriers to effective communication is also inherent to the PIPA seven-step communication model (see Recommended Practice BL10). Communication regarding pipeline risk and risk management should follow the PIPA seven-step model. (See Appendix E (Adobe Acrobat Document)

The transmission pipeline operator should openly communicate with stakeholders regarding land use and development near pipelines. Regular meetings with key local officials involved in land use planning and development and with local developers and developer organizations should be held to provide an
easy flow of information to and from these key stakeholders.

[PIPA Report, November 2010 Page 40]

BL12 Notify Stakeholders of Right-of-Way Maintenance Activities

Practice Statement   Transmission pipeline operators should notify affected stakeholders of right-of- way maintenance activities, including vegetation management.

Audience   Transmission Pipeline Operator

Practice Description

After a transmission pipeline is installed, the pipeline right-of-way (ROW) must be maintained by the pipeline operator to allow for inspection of surface conditions as required by federal law. The transmission pipeline operator must maintain the ROW vegetation so that it will not hinder pipeline inspection and maintenance activities. Extensive landscaping or other obstructions can block the view of and impede the operator’s access to the pipeline.

Prior to implementing ROW maintenance activities, the pipeline operator should make a reasonable effort to contact the affected stakeholders and provide an explanation regarding the need for vegetation management activities. This should include a discussion of the rights granted under easements for the pipeline operator to maintain the ROW, and the anticipated start and completion
dates for the maintenance activities. Timely notification should be provided to the affected stakeholder. Notification may take place via methods such as mailed letters, door hangers, phone calls, or face-to- face contacts, depending on the location and situation.

Re-establishing a right-of-way that has not been previously maintained may require additional advance communications between the property owner and the transmission pipeline operator prior to initiating the activity.

Following is a discussion regarding the bases for maintaining the ROW. The transmission pipeline operator may want to include a discussion of these bases in its communication with affected stakeholders.

The transmission pipeline right-of-way must be maintained in order to facilitate the identification of surface conditions such as:

  • Unauthorized activities on or near the right-of-way
  • Heavy equipment on the right-of-way without authorization
  • Urban encroachment
  • Construction activities on or near the right-of-way
  • Soil defects
  • Erosion at water crossings, flooding on the right-of-way or sedimentation in streams
  • Damage to company property
  • Missing or moved aerial markers, pipeline line markers or identification signs
  • Evidence of leaking gas or liquid

A transmission pipeline ROW that is adequately maintained free of obstructions is an important visual indicator of the existence of transmission pipeline facilities for anyone performing construction or other work near the pipeline. Third-party incidents are a leading cause of damage to transmission pipelines

[PIPA Report, November 2010 Page 41]

and often occur when excavation or other construction activity occurs near the pipeline and the pipe is accidentally struck.

If pipeline damage occurs, the pipeline operator may need direct and immediate access to the pipeline and this will be facilitated by an adequately maintained ROW. In the event of an emergency, a clear ROW is necessary to facilitate access by both the pipeline operator and emergency response personnel. Obstructions on the ROW can prohibit their ability to respond.

A clear ROW makes conducting inspections, often performed via aerial patrol, more efficient and effective. Other methods of inspecting transmission pipelines, such as vehicle and foot patrols, also require a clear ROW.

A clear ROW enables the transmission pipeline operator to conduct inspections and testing to verify pipeline integrity and to perform general maintenance and repairs as needed. According to pipeline safety regulations, transmission pipeline operators must have a patrol program to inspect and observe surface conditions on and adjacent to the transmission line right-of-way for indications of leaks, construction activity, and other factors affecting safety and operation. While an operator may choose to perform inspections more frequently, hazardous liquid transmission pipeline operators must inspect 26 times a year at an interval that does not exceed 21 days. Natural gas transmission pipeline operators must inspect 1 to 4 times a year at an interval that does not exceed 4.5 to 15 months, depending on the population density near the pipeline. The pipeline ROW should be maintained at a frequency that allows the operator to inspect surface conditions at the minimum required inspection intervals.

The ROW maintenance frequency should also be in keeping with the surrounding environment. For example, a greenway in a suburban development may be maintained more frequently than a ROW through a forested park.

Although maintaining the ROW for 25 feet on each side of the pipeline is typical, the easement agreement may dictate otherwise. A smaller maintenance distance may be adequate, depending on local conditions and methods used for ROW inspection, as long as it is adequate for access and inspection of the ROW surface conditions.

Side trimming of the tree canopy may be necessary for aerial surveillance to be effectively performed. For aesthetic purposes, operators may “feather cut” in more urban and developed areas while they may “hard cut” in more rural areas. Whichever technique is used, the result should be a clearly defined ROW to help keep the public aware of the pipeline’s presence and provide for operation and maintenance needs.

In addition to side trimming, operator vegetation maintenance practices should include scheduled mowing and brush-hogging where necessary. Typically, pipeline operators use herbicides in a limited way to control weeds, vines and woody vegetation near valve locations, fences, above-ground facilities and difficult to access locations.

Trees should not be allowed within the boundary of the ROW. Tree roots have the potential to damage pipeline coatings which may contribute to the loss of integrity of the pipeline. With prior approval from the transmission pipeline operator, grass and certain types of shrubs may be permitted within the ROW,

[PIPA Report, November 2010 Page 42]

provided that the plantings do not interfere with the maintenance, inspection and operation of the pipeline and related facilities. Typically these would include seasonal crops that would be consistent with the area, flower beds, vegetable gardens and lawns. Rights-of-way can provide useful and functional habitats for plants, nesting birds, small animals, and migrating animals. Plants that are native to the area are desirable.

References:

[PIPA Report, November 2010 Page 43]

BL13 Prevent and Manage Right-of-Way Encroachment

Practice Statement   Transmission pipeline operators should communicate in a documented and timely manner with property developers/owners to prevent or rectify unacceptable encroachments or inappropriate human activity within the transmission pipeline right-of-way.

Audience   Transmission Pipeline Operator

Practice Description

When property developers/owners place structures, trees or other facilities on the transmission pipeline right-of-way (ROW), these encroachments may interfere with pipeline operations. The transmission pipeline operator should seek relief from the encroachment, particularly when the obstruction of an easement is of a permanent character.

To ensure consistency, a transmission pipeline operator should have a written encroachment policy in place. The policy should address: educating stakeholders, patrolling and inspecting the pipeline ROW for unsafe conditions and activities, documenting the results of patrols and inspections, communicating with stakeholders regarding encroachments, and removing unacceptable encroachments, including long-standing ones.

Once an encroachment is detected, the pipeline operator should document the encroachment and contact the encroaching party. If the encroachment is deemed acceptable by the pipeline operator, an encroachment agreement should be documented and signed by the landowner and the pipeline operator in accordance with the operator’s policy, and recorded with the statutory office (i.e. county recorder, parish clerk).

Encroachment policies should be enforced diligently, uniformly and consistently. To promote encroachment prevention, landowners and developers should seek approval from the transmission pipeline operator for any plans that could impact the transmission pipeline ROW. Pipeline operators should ensure that all pipeline markers and signs are in good condition, legible and properly located. They should have adequately maintained and clearly defined ROWs (see PIPA Recommended Practice BL12).

Communication between the transmission pipeline operator and the property developer/owner builds a partnership in pipeline safety.

References:

[PIPA Report, November 2010 Page 44]

BL14 Participate to Improve State Excavation Damage Prevention Programs

Practice Statement   All pipeline safety stakeholders should participate in the work of organizations seeking to make improvements to state excavation damage prevention programs, especially efforts to reduce exemptions from participation in one-call systems.

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

Practice Description

A state excavation 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. Generally, excavators submit notices prior to excavation, which the one-call system passes on to affected facility owners in the vicinity of the proposed excavation. The facility owners/operators can then locate and mark their facilities before excavation begins. By facilitating this communication, one- call systems reduce the risk of excavator injury, damage to underground facilities, and construction down-time. Transmission pipeline operators are required by federal pipeline safety regulations to participate in qualified one-call systems. The Common Ground Alliance (CGA) Best Practices are internationally accepted as effective methods of reducing the risk of excavation damage to all underground facilities.

Some state excavation damage prevention laws include exemptions from one-call system participation that detract from the goals of the system. Typical exemptions fall into three categories:

  1. Facility Owners   Some state laws exempt owners of specific types of underground facilities from participation in the one-call system. Excavators must contact these facility owners directly for facility locating and marking before excavating. While this exemption allows certain facility owners to avoid the cost of participation, excavators may not be aware of these exemptions and could begin excavating without having all affected utilities located and marked. This could result in damage to those facilities. Types of facility owners exempted by some state laws include municipalities, state departments of transportation, and small water and sewer companies.
  2. Excavators   Some excavators are exempted from calling for underground facilities to be located and marked before they begin digging. If the excavator chooses to exercise this exemption, the likelihood of excavation damage is increased. Damage to any type of underground infrastructure could have negative consequences. Thus, these exemptions create safety risks. Types of excavators exempted by some state laws include homeowners and state departments of transportation.
  3. Types of Excavation   Excavators are exempted from calling for a utility locate 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. Typesof excavations exempted by some state laws include road grading.

[PIPA Report, November 2010 Page 45]

Many organizations across the country are actively working to improve state excavation damage prevention programs. The Common Ground Alliance (CGA) works at the national 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 PHMSA’s Pipeline Safety StakeholderCommunications website.

References:

[PIPA Report, November 2010 Page 46]

BL15 Enhance Damage Prevention Practices near High‐Priority Subsurface Facilities

Practice Statement   Transmission pipeline operators should implement enhanced damage prevention practices within the transmission pipeline right-of-way to ensure that pipeline operators and excavators meet on-site prior to excavation activity near high-priority subsurface facilities.

Audience   Transmission Pipeline Operator

Practice Description

The Common Ground Alliance (CGA) Best Practices are internationally accepted as effective methods of reducing the risk of excavation damage to all underground facilities. However, the CGA Best Practices apply to all types of underground facilities, including cable television, water pipelines, and transmission pipelines. High-priority subsurface facilities warrant more stringent damage prevention practices.

High-priority subsurface facilities include transmission pipelines, high-voltage electric supply lines, fiber optic lines, and pressurized sewage pipelines. Damage to these high-priority subsurface facilities could result in significant physical injury to the excavator and/or individuals in the vicinity of the excavation. Damage could also result in interruption of critical services or products. Unreported or undetected damage to high-priority subsurface facilities poses a significant risk to life, property, and infrastructure.

CGA Best Practice 4-9, “Positive Response is Provided to Facility Locate Requests” does not require a face-to-face meeting or an onsite meeting between the transmission pipeline operator and excavator prior to the beginning of the excavation. Under the practice, positive response can be markings or documentation left at the job site, callback, fax, or automated response system.

To ensure appropriate damage prevention when excavation is proposed within 10 feet of a transmission pipeline or other high-priority subsurface facility, the pipeline operator or other facility operator should notify the excavator of the existence of the transmission pipeline or other high-priority subsurface facility prior to the legal excavation start date and time, as such date and time are authorized pursuant to one-call requirements. The excavator and transmission pipeline operator should conduct an onsite
meeting at a mutually agreed upon time to determine actions or activities required to verify the location of the pipeline or other high-priority subsurface facility prior to the start of excavation.

When excavators are performing tasks that are of high risk to transmission pipeline safety, communication clearly delineating the technical details of the operation needs to be documented. Transmission pipeline operators should provide information such as the location, size and type of pipeline facility to the excavator.

Excavators should provide the operator with details about the type of equipment excavation equipment to be used, duration of the excavation project, dynamic loading over the pipeline, and other technical information in order for the pipeline operator to perform an engineering evaluation of the effects on the pipeline. The pipeline operator may require additional measures be taken to protect the pipeline from excessive loads or potential damage due to misaligned horizontal directional drills. Additional dirt cover and/or mats, timber bridges, or other protective materials deemed necessary by the transmission pipeline operator may be placed over the pipeline for the duration of any loading. Vibration equipment

[PIPA Report, November 2010 Page 47]

is usually not permitted within the transmission pipeline right-of-way. Hand digging at a minimum of two feet from the pipeline is typically required. This recommended practice is not intended to preempt any existing state or transmission pipeline operator requirements that currently specify a different distance.

Once the required information (planned work, types of equipment, loads, etc.) is received from the excavator, the pipeline operator will need sufficient time to review and develop solutions to ensure that the pipeline is adequately protected. Work should not commence until the operator has provided written notification to proceed. The operator and the one-call system need to be contacted before digging. After excavation begins, the transmission pipeline operator should have a representative on site to monitor construction activities within the right-of-way.

[PIPA Report, November 2010 Page 48]

BL16 Halt Dangerous Excavation Activities near Transmission Pipelines

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 pipelines and potentially cause an immediate threat to life or property.

Audience   Local Government, Transmission Pipeline Operator

Practice Description

Transmission pipeline operators should have written procedures to address the need to stop an excavation when it poses an immediate threat to the transmission pipeline facility or the general public. These procedures should include outreach to local enforcement agencies and personnel. The outreach communications should include information describing potential dangers to public safety of unsafe excavation practices near the pipeline.

Local enforcement personnel play a critical role due to their authority to legally halt an unsafe excavation. Agencies 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.

References:

[PIPA Report, November 2010 Page 49]

BL17 Map Abandoned Pipelines

Practice Statement   When a transmission pipeline operator abandons a transmission pipeline, information regarding the abandoned pipeline should be maintained and included in the information provided to the one-call center.

Audience   Transmission Pipeline Operator

Practice Description

When abandoning a transmission line, the pipeline operator should maintain the facility registration of the abandoned line with the one-call system. When receiving a notice of excavation from the one-call center, the transmission pipeline operator should, if known: (a) provide markings or notification to the excavator of the abandoned pipeline, (b) advise the excavator of the abandoned pipeline’s contents, if known, and (c) advise the excavator of any safety precautions to take while working over or in close proximity to the abandoned pipeline. Transmission pipeline operators should inform excavators that if an unidentified pipeline facility is encountered during excavation, the excavator should not treat the underground pipeline facility as abandoned until receiving notification from the pipeline operator that the underground pipeline facility is abandoned.

Most one-call centers do not maintain line segment data from transmission pipeline operators. Operators typically identify by mapped polygons or grids areas for which the operator requests notification of excavating activities. The one-call center does not differentiate between active and abandoned lines. This recommended practice is intended to enable the transmission pipeline operator to identify the location of an abandoned pipeline for the excavator. This practice applies to transmissions pipelines abandoned after the PIPA recommendations are issued.

References:

[PIPA Report, November 2010 Page 50]

BL18 Disclose Transmission Pipeline Easements in Real Estate Transactions

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

Disclosure of transmission pipeline easements 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 transmission pipeline operator should be provided to any prospective purchaser, by the seller or seller’s agent, prior to the time the initial purchase documents are signed. The existence of a transmission pipeline easement on a property should be made clear to all prospective purchasers to enable them to make informed decisions 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.

[PIPA Report, November 2010 Page 51]

ND0l Incorporated into other recommended practices. Page is otherwise blank. See PIPA Recommended Practices BL03 and BL05 for guidance.

[PIPA Report, November 2010 Page 52]

ND02 Gather Information for Design of Property Development near Transmission Pipelines

Practice Statement   In designing a proposed property development the property developer/owner should use all reasonable means to obtain information about transmission pipeline facilities in the area of the proposed development.

Audience   Property Developer/Owner, Transmission Pipeline Operator

Practice Description

During the planning phase of a property development project, property developers/owners should seek available information about existing and possible future transmission pipeline facilities.

If the one-call center has a process for receiving and transmitting requests for meetings between developers and/or excavators and pipeline facility operators, the property developer/owner should utilize this service to request a consultation with the transmission pipeline operator. A meeting request through the one-call center can inform an affected transmission pipeline operator (and other underground facility operators) of the requestor’s need to meet and discuss the proposed design. Or, it can provide a listing of affected transmission pipeline operators (and other underground facility operators) to the requestor so that a call to each operator can be made to request a meeting.

In response to requests for information, transmission pipeline operators may locate and mark their underground facilities or identify the locations of their underground facilities to the designer by other means, such as by marking-up design drawings or providing facility records to the designer. The property developer/owner should request maps of existing, abandoned and out-of-service facilities, cathodic protection and grounding systems, as-built drawings of facilities in the area if the maps are not current, future proposed project designs, and schedules of other pipeline-related work in the area. Information gathered when evaluating different design possibilities relative to the needs of the developer, community, and the transmission pipeline operator may include information such as easement widths, pipeline contents, and pipe diameter.

Transmission pipeline operators may use this opportunity to provide the property developer/owner a copy of the company’s development guidelines and procedures, if they exist. Other methods of gathering information available to the property developer/owner may include contacting coordinating committees/councils, other designers, engineering societies, and governmental agencies as a means of identifying underground facility owners/operators in an excavation area. Gathering information may also include a review of the site for above ground indications of underground facilities (i.e. permanent signs or markers, manhole covers, vent pipes, pad mounted devices, riser poles, power and communication pedestals and valve covers).

Another reference source for determining the general location of transmission pipelines is the National Pipeline Mapping System (NPMS). Developers may access the NPMS online.

References:

[PIPA Report, November 2010 Page 52]

[PIPA Report, November 2010 Page 54]

ND03 Review Acceptability of Proposed Land Use of Transmission Pipeline Right-of-Way Prior to Design

Practice Statement   The property developer/owner should review preliminary information about acceptable land uses on a transmission pipeline right-of-way prior to the design of a property development.

Audience   Property Developer/Owner

Practice Description

Managing land use activities on a transmission pipeline right-of-way (ROW) is a challenge for all stakeholders involved. A property developer/owner may desire to utilize the ROW in a property development. However, inappropriate land use activities can contribute to the occurrence of a transmission pipeline incident and expose those working or living near a transmission pipeline to harm should an incident occur.

When considering a new land use activity in a transmission pipeline ROW, the property developer/owner, along with the pipeline operator should consider who maintains the ROW and how it is maintained. The existing easement is the governing document and any changes to that document should be recorded in an encroachment agreement (see Recommended Practice ND26). Encroachment agreements are encouraged to ensure appropriate communication occurs and that all parties have appropriate and complete information on which to base decisions. It should be noted that most ROW agreements have a section for pipeline repairs with the understanding that the ROW may be disturbed, whether by access or excavation. The need for repairs is a considering factor into the acceptability of a land use or activity on a transmission pipeline ROW.

Many transmission pipeline operators provide operator specific guidelines for uses of the pipeline right- of-way. Pipeline industry association websites provide guidance materials to assist the property developer/owner in assessing the common acceptability of different uses of the pipeline right-of-way. The table in Appendix D (Adobe Acrobat Document) is another source of guidance intended to increase awareness and encourage early communication among key stakeholders when considering changes to existing land use or new land use development near existing transmission pipelines.

Appendix D (Adobe Acrobat Document) lists common land use activities as a guideline in determining whether a proposed land use may be acceptable or not. There may be variances to this guidance based on site specific conditions and individual pipeline operator practices. Early notification to the transmission pipeline operators by the property developer/owner is encouraged, to ensure optimum land use considerations and pipeline safety.

[PIPA Report, November 2010 Page 55]

ND04 Coordinate Property Development Design and Construction with Transmission Pipeline Operator

Practice Statement   When property development is planned within the consultation zone (reference PIPA Recommended Practice BL05), the property developer/owner and the transmission pipeline operator should communicate to ensure possible impacts of pipeline incidents and maintenance needs are considered during development design and construction.

Audience   Property Developer/Owner, Transmission Pipeline Operator

Practice Description

Property developers/owners should initiate communication with transmission pipeline operators as early as possible in the property development planning process. Early discussions may ward off development designs that could raise the risk of impact to the community or damage to a nearby transmission pipeline.

As the development construction start date draws nearer, the cost of redesigns can become much more significant. Also, the property developer/owner may miss an opportunity to use the transmission pipeline right-of-way to enhance the property development (see PIPA Recommended Practice ND08). Other property development design considerations relative to the proximity of a pipeline are discussed in PIPA Recommended Practices ND08 – ND15.

Regardless of when communication begins, the construction phase of a property development poses the greatest risk to the integrity of a nearby transmission pipeline. The location of the transmission pipeline easements should be shown on the construction plans. The one-call system should be used to ensure the precise location of all underground facilities is determined before excavation begins. Also, the development construction should not inhibit access for to the transmission pipeline for the pipeline operator or emergency responders.

The following examples illustrate the negative consequences for stakeholders if communication about proposed property developments near transmission pipelines occurs late in the planning process.

[PIPA Report, November 2010 Page 56]

Example of development constructed over a transmission pipeline right-of-way without consultation among property developer/owner, transmission pipeline operator and local government. Note the encroachment of the fence on the transmission pipeline right-of-way. It obstructs the transmission pipeline operator’s ability to patrol the pipeline. With proper advance planning between the parties in the initial platting stage, perhaps a greenbelt could have been incorporated to eliminate the potential for subsequent ROW encroachments by the property owners. The truck on the right in this picture has the potential for heavy vehicular encroachment over the pipeline. The property owners are prohibited from installing large landscaping, patios or other structures on the transmission pipeline right-of-way.

[PIPA Report, November 2010 Page 57]

Example plat of development constructed over a transmission pipeline right-of-way without consultation among developer, transmission pipeline operator, and local government. Note location of the transmission pipeline right-of-way in red. Proper consultation between all parties may have enabled the pipeline to be platted at the rear edge of all lots with possibly a green belt (i.e. no lot lines crossing the easement) provided on the plat.

References:

[PIPA Report, November 2010 Page 58]

ND05 Incorporated into other recommended practices. Page is otherwise blank.

[PIPA Report, November 2010 Page 59]

ND06 Require Consideration of Transmission Pipeline Facilities in Land Development Design

Practice Statement   Whenever development is proposed on property containing 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.

[PIPA Report, November 2010 Page 60]

ND07 Define Blanket Easement Agreements When Necessary

Practice Statement   Upon request by the landowner, a transmission pipeline 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, Transmission 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 land use 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 of an easement can lead to conflicts among stakeholders regarding the land use, the location of the transmission pipelines and easement, and the respective rights and obligations of both 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).

[PIPA Report, November 2010 Page 61]

ND08 Collaborate on Alternate Use and Development of Transmission Pipeline Right-of-Way

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

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

Practice Description

Transmission pipeline rights-of-way (ROW) have the potential to be utilized for the benefit of the community and/or the property developer/owner while still maintaining the safety and integrity of the transmission pipeline facilities. Property developers/owners and local governments may work with the pipeline operators to explore possible uses of the property. These could include utilizing the transmission pipeline easement to create green spaces, parks, golf courses, hike and bike trails, horse trails, and other recreational spaces.

In considering such uses, the stakeholders should discuss who will maintain the ROW and how they maintain it. Some local governments and property developers/owners have worked together to the mutual benefit of the community and the developer by offering incentives such as higher building densities in exchange for development that enhances the transmission pipeline ROW.

Appendix C (Adobe Acrobat Document) is intended for use by city and county planners, engineers, developers, land surveyors and others involved in the initial stages of land development on or near existing transmission pipeline ROW. It provides visual examples that illustrate both successful collaborative efforts and situations to avoid. In safely developing along a transmission pipeline ROW, certain criteria should be met. These include:

  • The ROW should be a clearly defined transmission pipeline corridor that blends with the surroundings. It should not be disguised. The width of a ROW varies, depending on the size and number of transmission pipelines located in the ROW, the products transported, site specific conditions, and pipeline operator practices.
  • Permanent structures, significant grade changes, and large landscaping are generally not acceptable.
  • The transmission pipeline operator may require the right to disturb the developed use of the ROW in order to maintain and access the transmission pipeline.
  • While analyzing potential development of the ROW, the pipeline 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 pipeline operator considers public escape routes, emergency responder access and situation control, site specific product spill characteristics, and potential environmental impact.

[PIPA Report, November 2010 Page 62]

  • The operator should 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 for a new development, the entire easement width should be reserved for green space or other community use. It is also desirable to have as few individual landowners as possible be affected by the easement. A lot division on either boundary of the easement is preferable to splitting the easement between lots. Construction, maintenance and routine inspections of the transmission pipeline 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 transmission pipeline operators are likely to have different maintenance and operations practices, which could make a specific type of ROW development acceptable to one pipeline operator but not to another. Transmission pipeline operators need enough lead time to review site specific development plans. Generally, the operator will request a scope of work, description, and plan and profile drawings of the proposed development. The pipeline operator may charge for the review if the nature of the proposed development requires extensive preliminary engineering and/or field inspection services. A clear understanding of the property developer’s/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 a transmission pipeline ROW may affect the integrity of the transmission pipeline and the safety of the public. Property developers/owners should consult with the pipeline operator as early as possible when planning development near the pipeline ROW. Development activities or land uses near the transmission pipeline ROW that may affect the integrity of the pipeline include but are not limited to: blasting, contouring or terracing, clear cutting, retention ponds, drainage, walls and fences, excavations (e.g., pools, decks, and roads), drilling, boring, and landscaping. Early consultation can help reduce the chance for project delays and ensure that safe development activities
can be implemented.

[PIPA Report, November 2010 Page 63]

ND09 Provide Flexibility for Developing Open Space along Transmission Pipeline Rights‐of‐Way

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 and other sensitive areas. Local governments have allowed clustered, higher-density development to be located within broader swaths of open space, thereby creating a buffer to and preserving sensitive areas.

The goal in this recommended practice is to allow the same overall density of development within a given area 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 a parcel’s topography, shape or size, local governments are encouraged to adopt regulations that allow creative designs that address both public and transmission pipeline safety concerns.

References:

  • Vancouver, Washington Municipal Code Ch. 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, Washington Municipal Code Section  22.10.340 - On-Site Density Transfer for Sensitive Areas - Example of density transfer used to provide flexibility when there is a “sensitive area and associated buffer area or setback”.

[PIPA Report, November 2010 Page 64]

ND10 Record Transmission Pipeline Easements on Development Plans and Final Plats

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

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. They should also identify the pipeline operators.

[PIPA Report, November 2010 Page 65]

ND11 Reduce Transmission Pipeline Risk through 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 consequences that could result from a transmission pipeline incident and to reduce potential interference with transmission pipeline maintenance and inspections.

Audience   Local Government, Property Developer/Owner

Practice Description

Parking lots and parking structures can provide low occupant density, lower-risk land use adjacent to a pipeline right-of-way (ROW). Since human occupancy of parking lots or parking structures is likely to be short-term and low-density, they may be preferentially located to create a buffer between the transmission pipeline ROW and other occupied structures. In this manner, they may serve to reduce the exposure of other occupied structures during any potential pipeline incident. Enhanced fire protection and/or the use of materials and design providing enhanced fire endurance may be considered for parking structures adjacent to transmission pipelines to further mitigate the impact of a potential pipeline incident. Additionally, parking lots and parking structures may be designed to reduce potential interference with pipeline maintenance and inspections.

Parking structures cannot normally encroach onto a transmission pipeline ROW. Several factors should be considered in designing parking lots that encroach on a transmission pipeline ROW:

  • Written permission from the transmission pipeline operator will likely be required.
  • Parking areas very near or over the pipeline should be designed to limit loading that could damage the pipeline.
  • Parking lots covering portions of underground transmission pipeline ROW could hamper the discovery of 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.
  • The effect of water runoff affecting the pipeline cathodic protection and soil cover should be considered when designing the parking lot. Runoff drains and gutters should not funnel water directly into the transmission pipeline ROW, as excess water could erode pipeline soil cover and subsurface pipeline support and could impact pipeline corrosion protection systems.
  • Medians and islands adjacent to the transmission pipeline ROW should not contain trees that would obscure the ROW or that have a root system that could damage the pipeline. Shrubs and other low landscaping plants are generally acceptable (see PIPA Recommended Practice ND-15).
  • Parking lots between a transmission pipeline and buildings should have an “air gap” between the parking lot and the buildings to reduce the potential for gas leaks to migrate underneath the parking lot and into the buildings.

[PIPA Report, November 2010 Page 66]

The property 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 the pipeline ROW, possibly within the parking lot itself. These can often be placed within medians and other landscaped areas.

References:

[PIPA Report, November 2010 Page 67]

ND12 Reduce Transmission Pipeline Risk through Design and Location of New Roads

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

Audience   Local Government, Property Developer/Owner

Practice Description

The design and construction of roads near transmission pipelines is complex and requires careful planning and coordination between the transmission pipeline operator, state and local authorities, and the road designer, developer, and constructor. Roads that cross a transmission pipeline ROW should be designed such that the pipeline is not adversely affected, including the provision of adequate protection for the pipeline during and after road construction. This includes but is not limited to ensuring adequate depth of cover for the pipeline and proper road sub-grade and load carrying capacity. The transmission pipeline operator may decide to make modifications to the pipeline to preserve its integrity if a road is built across the pipeline ROW or adjacent to the ROW.

Other considerations for the design and location of roadways across or adjacent to transmission pipeline ROW include:

  • Roadway intersections generally should not coincide with a transmission pipeline ROW. Such situations could result in increased exposure to pipeline risk for vehicle drivers stopped at the intersection. These situations could also result in additional interruptions in traffic when pipeline maintenance is performed.
  • Roads should generally be located perpendicular to the long axis of the transmission 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 to reduce future road impacts due to adjacent pipeline maintenance interruptions.
  • Roads may be designed with very wide medians to accommodate a transmission pipeline ROW, with the agreement of the pipeline operator. However, designers and developers should be mindful that pipeline maintenance may require excavation within the pipeline ROW. Also, the presence of a pipeline within a wide median may prevent or limit the ability to place landscaping within the median (see PIPA Recommended Practice 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 transmission pipeline ROW and do not interfere with cathodic protection systems or adversely impact integrity of pipeline.

[PIPA Report, November 2010 Page 68]

  • 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:

[PIPA Report, November 2010 Page 69]

ND13 Reduce Transmission Pipeline Risk through 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 consequences that could result from a transmission pipeline incident and to reduce the potential of interference with transmission pipeline maintenance and inspections.

Audience   Local Government, Property Developer/Owner

Practice Description

Utilities that cross and/or parallel transmission pipelines should be developed in close cooperation with the pipeline operator to avoid costly relocation of the pipeline or potential conflict with pipeline operations and maintenance. Items to consider include:

  • The transmission pipeline’s horizontal and vertical orientation must be considered, including any offset distance required by the transmission pipeline operator.
  • Utilities crossing the transmission pipeline should be designed so they do not interfere with the pipeline, including its cathodic protection, and should assure the transmission pipeline operator has access to the pipeline.
  • To the extent possible, design and construction of underground utilities and related infrastructure should try to minimize potential “migration paths” that could allow leaks from the pipeline to migrate to buildings.

Coordination with the transmission pipeline operator during planning and construction is critical, especially given the history of transmission pipeline incidents associated with utility installation and maintenance.

References:

[PIPA Report, November 2010 Page 70]

ND14 Reduce Transmission Pipeline Risk through 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 the consequences that could result from a transmission pipeline incident and to reduce the potential of interference with transmission pipeline operations and maintenance.

Audience  Local Government, Property Developer/Owner

Practice Description

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

In considering such designs:

  • Discharges from ponds and other drainage facilities should be designed to not cause erosion or compromise soil stability that could result in reduction of the soil cover over the transmission 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 hazardous liquid or denser-than-air gas release from the transmission pipeline flowing into the drainage system.
  • If the flow path to enclosed, or at-grade, drainage systems cannot be avoided, emergency response personnel should be informed to consider this scenario in their response plans.
  • The potential for environmental contamination by transmission pipeline 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 right-of-way may be compatible with pipeline operations and maintenance.

References:

  • 40 CFR 122 - EPA Administered Permit Programs: the National Pollutant Discharge Elimination System - (NPDES) Storm Water Discharge Regulations

[PIPA Report, November 2010 Page 71]

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

Practice Statement   Trees and other 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

Federal and state pipeline safety regulations require transmission pipeline operators to periodically patrol their pipeline rights-of-way (ROW) to observe surface conditions on and adjacent to the ROW for indications of leaks, construction activity, and other factors that could affect pipeline safety and operation. These patrols are often done by air, using helicopters or planes. To facilitate such aerial inspections, transmission pipeline operators may keep their pipeline ROW clear of trees and tree branches that overhang and obscure the ROW. Pipeline operators may remove or side-cut trees if they obscure or impede the inspection and maintenance of the ROW.

The transmission pipeline ROW should be clearly identifiable apart from trees or other tall vegetation. Property developers/owners should not place trees or vegetation on the pipeline ROW without the pipeline operator’s permission. Trees and vegetation planted outside the pipeline ROW should not obstruct the ROW or associated markers or signage. Thus, planting trees and vegetation with broad canopies adjacent to the ROW should be avoided.

Trees and other vegetation should be located and controlled so as not to impede the pipeline operator’s ability to access, inspect and maintain the transmission pipeline. Additionally, trees and other vegetation adjacent to a transmission pipeline ROW with root systems that may reach down to the pipeline should also be avoided, since contact from their root systems may physically impact the pipe or its protective coating.

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

References:

[PIPA Report, November 2010 Page 72]

ND16 Locate and Design Water Supply and Sanitary Systems to Prevent 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 prevent excavation damage to transmission pipelines, interference with transmission pipeline maintenance and inspections, and environmental contamination in the event of a transmission pipeline incident.

Audience   Local Government, Property Developer/Owner

Practice Description

Proper location and design of water/sanitary systems located adjacent to a transmission pipeline are vital to both public safety and the integrity of the pipeline. The design and location of these systems should take into consideration the potential impact on the water/sanitary system and on the transmission pipeline, resulting from activities associated with the installation, operation, and maintenance of the pipeline or the water/sanitary system. Considerations should include the potential for excavation damage to the water/sanitary system or the transmission pipeline, and the potential for contamination of the water/sanitary system from a pipeline incident.

If a water well is to be installed near a transmission pipeline, the pipeline and pipeline appurtenances (e.g., cathodic protection system) should be clearly located and identified. Water supply drill rigs should stay clear of the pipeline right-of-way (ROW) to ensure no direct damage to the pipeline or pipeline appurtenances from drilling or movement of the drill rig.

To reduce the risk of contaminating a water well during a hazardous liquid transmission pipeline incident, it is generally best to place the well up-gradient from the pipeline. (Keep in mind that groundwater hydraulic gradients don’t necessarily follow surface topography.) The risk of contamination during a pipeline incident for wells that cannot be placed up-gradient of a hazardous liquid pipeline can be reduced by increasing the down-gradient distance from the pipeline and by ensuring that wellheads are properly sealed. Note that gas transmission pipelines do not typically pose a threat for water contamination, unless liquids are present in the gas stream.

When installing individual sanitary disposal systems (septic systems and leach or drain fields) near transmission pipelines, the septic tank and drain field should be located off the pipeline ROW but not placed in an area immediately adjacent to the ROW where heavy equipment used in pipeline maintenance might damage the septic tank or drain field.

References:

[PIPA Report, November 2010 Page 73]

ND17 Reduce Transmission Pipeline Risk in New Development for Residential, Mixed‐Use, and Commercial Land Use

Practice Statement   New development within a transmission pipeline planning area (see PIPA Recommended Practice BL06) should be designed and buildings located to reduce the consequences that could result from a transmission pipeline incident and to provide adequate access to the pipeline for operations and maintenance.

Audience   Local Government, Property Developer/Owner

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 impacts on people and property from a transmission pipeline incident. Locating structures away from the pipeline right-of-way (ROW), minimizing surface and subsurface encroachments on the ROW, 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 transmission pipeline incident.

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

Roads, driveways, utilities, lot boundaries, landscaping, finished grades, green space, and fences should be planned to ensure adequate access to the transmission pipeline ROW to avoid interference with pipeline operations and maintenance activities and allow access for emergency response to transmission pipeline incidents (see PIPA Recommended Practice ND23).

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 PIPA Recommended Practice 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.

In the event of a transmission pipeline incident, evacuation of a building or shelter-in-place may be necessary. Evacuation routes should be considered during the design of a development to ensure that the potential impacts of a transmission pipeline incident will not compromise a necessary evacuation. For example, buildings should have a safe means of egress with exits located where they would not be made inaccessible by the impacts of a pipeline incident. Similarly, cul-de-sac streets should not be designed crossing a transmission pipeline as the only route of ingress or egress could be blocked during a pipeline incident.

[PIPA Report, November 2010 Page 74]

High-rise buildings such as hotels, dormitories, apartment complexes, and office buildings may not lend themselves to a timely evacuation. Specific emergency plans addressing transmission pipeline incidents should be developed for these buildings and integrated with overall emergency plans for the site. Site emergency plans should be developed in coordination with the transmission pipeline operator (see PIPA Recommended Practice ND23).

Several codes have been issued to address these concerns, including:

  • NFPA 1 – National Fire Protection Association (NFPA): Fire Code 
  • NFPA 101 – NFPA: Life Safety Code
  • NFPA 5000 – NFPA: Building and Construction Safety Code
  • IBC – International Code Council (ICC): International Building Code
  • IRC – ICC: International Residential Code
  • IFC – ICC: International Fire Code

These codes provide minimum standards for means of building egress, including capacity, quantity, arrangement, location, protection, and marking of means of egress. Minimum standards for emergency plans are also provided, where applicable.

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, 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 for 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 and property developers should consider modeling of fire, explosion, or toxic release impacts that could occur during a transmission pipeline incident for the specific land use under consideration. Egress models should also be considered. If appropriate, land use development and 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:

[PIPA Report, November 2010 Page 75]

  • 49 CFR 192. 49 CFR 195 - Pipeline and Hazardous Materials Safety Administration - Pipeline Safety
  • 24 CFR Part 51, Subpart C -  Siting of HUD-Assisted Projects Near Hazardous Operations Handling Conventional Fuels or Chemicals of an Explosive or Flammable Nature

[PIPA Report, November 2010 Page 76]

ND18 Consider Transmission Pipeline Operation Noise and Odor in Design and Location of Residential, Mixed Use, and Commercial Land Use Development

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, Transmission Pipeline Operator

Practice Description

Aboveground 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. However, they may be noticeable when land use is modified or a development is placed near the pipeline facility. These changes may place people in close proximity to the aboveground pipeline facilities for extended periods of time. Plans for land use and development should attempt to minimize exposures to these types of facilities.

Examples of aboveground pipeline operation and maintenance activities that may impact adjacent land development include:

  • The operation of gas compressor or pump station machinery may generate noise and odors;
  • Start-up and shut-down activities may produce noise and odors;
  • Heat exchangers or other equipment may produce visible emissions, such as steam, to the air;
  • 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, occasional releases or spills could occur that could concern nearby residents;
  • Backup power generators may be operated periodically, resulting in noise and odor; and
  • Facility repairs and maintenance may require the operation of heavy construction equipment.

The property developer/owner and the transmission pipeline operator may consider additional measures to further reduce noise or visible effects from these facilities. For example, sound-insulating equipment, such as silencers or sound-reduction air plenums, natural foliage, increased separation distance, and other sound attenuating considerations may mitigate noise concerns. Additionally, land use and development around gas compressor and pumping stations should avoid practices or layouts that would adversely affect normal operation and maintenance of the pipeline facility. For example, power lines providing electric service to compressor/pumping stations need to be integrated into developments so that the service is not compromised.

The transmission pipeline operator should provide information regarding its aboveground pipeline facilities to the local government authority having jurisdiction for regulating land use and development. The purpose for providing information is to ensure there is adequate understanding of the operational

[PIPA Report, November 2010 Page 77]

impacts of the facilities and to encourage them to incorporate pipeline coordination in their plan approval process (see PIPA Recommended Practice BL03). The local government authority should use this information to establish requirements for land use and development around the particular aboveground sites based upon the guidance on specific land uses provided in the PIPA recommended practices.

References:

  • 18 CFR 157.206 (5)  - Federal Energy  Regulatory Commission - Applications for Certificates of Public Convenience and Necessity and For Orders Permitting and Approving Abandonment Under Section 7 of the Natural Gas Act  - Standard conditions.
  • 18 CFR 380.12 (k) - Federal Energy Regulatory Commission - Regulations Implementing the National Environmental Policy Act - Environmental reports for Natural Gas Act applications.

[PIPA Report, November 2010 Page 78]

ND19 Reduce Transmission Pipeline Risk through Design and Location of New Industrial LandUse Development

Practice Statement   New industrial land use development within a transmission pipeline planning area (see PIPA Recommended Practice BL06) should be designed and buildings located to reduce the consequences that could result from a transmission pipeline incident and reduce the potential of interference with transmission pipeline operations and maintenance.

Audience   Local Government, Property Developer/Owner

Practice Description

The risks from a transmission pipeline incident may be compounded and more complex if the storage of or processes involving flammable liquids or gases, toxic chemicals, explosives, or other hazardous substances are compromised as a result of the incident. Such materials are often found in industrial land uses such as manufacturing and storage, including freight, train, and marine terminals.

The design for industrial land use development in proximity to transmission pipelines should consider the need for more complex emergency response requirements and should include coordination with the transmission pipeline operators and emergency responders. For example, if flammable liquid or gas storage tanks are to be included in the development, they may need to be located farther from the transmission pipeline or otherwise designed to prevent the escalation of risks from a pipeline incident. The National Fire Protection Association standard NFPA 1, “Fire Code”, provides standards on spacing of hazardous materials to minimize an escalation of a hazard, but does not specifically address transmission pipelines.

Onsite power plants, gas plants, water supplies, water treatment plants, and other critical infrastructure could also escalate the risks if compromised during a transmission pipeline incident. Specific site emergency response plans should also consider impacts to these infrastructures. The potential for hazardous liquid or heavier-than-air gas migration into water supplies, drainage channels, culverts, ditches, etc. should be evaluated. For additional precautions concerning water supplies and water treatment plants see PIPA Recommended Practice ND16.

Local government agencies and property developers should consider modeling of fire, explosion, or toxic release impacts that could occur during a transmission pipeline incident for the specific land use under consideration. Egress models should also be considered. If appropriate, land use and development 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.

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has formed partnerships, funded research, development and training programs, and published supplementary documents to assist transmission pipeline operators, emergency response personnel, and others in developing emergency

[PIPA Report, November 2010 Page 79]

response plans. For more information, local governments and property developers/owners can contact the PHMSA Community Assistance and Technical Services representatives.

References:

[PIPA Report, November 2010 Page 80]

ND20 Reduce Transmission Pipeline Risk through Location, Design, and Construction of New Institutional Land Use Developments

Practice Statement    New development of institutional facilities that may be difficult to evacuate within a transmission pipeline planning area (see PIPA Recommended Practice BL06) should be designed and the facilities located and constructed to reduce the consequences that could result from a transmission pipeline incident. Such facilities should also be located to reduce the potential of interference with transmission pipeline operations and maintenance activities. Emergency plans for these facilities should consider potential transmission pipeline incidents.

Audience   Local Government, Property Developer/Owner

Practice Description

Property development that includes institutional facilities should place these facilities in locations on the property to reduce the consequences that could result from a transmission pipeline incident. This includes facilities such as schools, daycare facilities, hospitals, nursing homes, jails and prisons, and other potentially difficult to evacuate facilities. The location of these facilities should also be designed to reduce the potential of interference with transmission pipeline operations and maintenance.

In the event of a transmission pipeline incident, evacuation of a building or shelter-in-place may be necessary. Evacuation routes should be considered during the design of the development to ensure that the potential impacts of a transmission pipeline incident will not compromise a necessary evacuation. For example, buildings should have a safe means of egress with exits located where they would not be made inaccessible by the impacts of a pipeline incident. Similarly, cul-de-sac streets should not be designed crossing a transmission pipeline as the only route of ingress or egress could be blocked during a pipeline incident.

Institutional facilities may be difficult to evacuate facilities may not lend themselves to timely evacuation. Specific emergency plans addressing transmission pipeline incidents should be developed for these buildings and integrated with overall emergency plans for the site. Site emergency plans should be developed in coordination with the transmission pipeline operator (see PIPA Recommended Practice ND23). Several codes have been issued to address these concerns, including:

  • NFPA 1 – National Fire Protection Association (NFPA): Fire Code
  • NFPA 101 – NFPA: Life Safety Code
  • NFPA 5000 – NFPA: Building and Construction Safety Code
  • IBC – International Code Council (ICC): International Building Code
  • IRC – ICC: International Residential Code
  • IFC – ICC: International Fire Code

These codes provide minimum standards for means of building egress, including capacity, quantity, arrangement, location, protection, and marking of means of egress. Minimum standards for emergency plans are also provided, where applicable.

[PIPA Report, November 2010 Page 81]

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, 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 for various buildings. Also, consider standards for outside air intake sources for buildings near transmission pipelines.

Local government agencies or property developers should consider modeling of fire, explosion, or toxic release impacts that could occur during a transmission pipeline incident for the specific land use under consideration. Egress models should 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 (PHMSA) has formed partnerships, funded research and training programs, and has published supplementary documents to assist transmission pipeline operators, emergency response personnel, and others in developing emergency response plans. For more information, local governments and property developers/owners can contact the PHMSA Community Assistance and Technical Services representatives. Information will also be available as part of ongoing public awareness efforts by transmission pipeline operators.

References:

[PIPA Report, November 2010 Page 82]

ND21 Reduce Transmission Pipeline Risk through Design and Location of New Public Safety and Enforcement Facilities

Practice Statement   New development of emergency responder facilities within a transmission pipeline planning area (see PIPA Recommended Practice BL06) should be designed and the facilities located and constructed to reduce the consequences that could result from a transmission pipeline incident. Such facilities should also be designed and located to avoid the potential of interference with pipeline operations and maintenance. Planning for these facilities should include emergency plans that consider the effects of a transmission pipeline incident.

Audience    Local Government, Property Developer/Owner

Practice Description

Facilities that house and serve emergency responders and critical emergency response communications that are located within a transmission pipeline planning area (see PIPA recommended Practice BL06) should be designed and located to minimize the impacts of a transmission pipeline incident on their emergency response capabilities. Police, fire, hazardous materials, emergency rescue and other emergency responder facilities, including structures, parking lots, offices, communications and dispatch centers, serve a critical role in public welfare during emergencies, including transmission pipeline incidents. 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 area, 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.

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.

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

[PIPA Report, November 2010 Page 83]

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:

[PIPA Report, November 2010 Page 84]

ND22 Reduce Transmission Pipeline Risk through Design and Location of New Places of Mass Public Assembly (Future Identified Sites)

Practice Statement   New development of places of potential mass public assembly within a transmission pipeline planning area (see PIPA Recommended Practice BL06) should be designed and the facilities located and constructed to reduce the consequences of a potential transmission pipeline incident, the risk of excavation damage to the pipeline, and 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 (e.g., amusement parks, stadiums, amphitheaters, highway rest stops, churches, and other large public assemblies), should be constructed or located to mitigate the impact of a potential transmission pipeline incident and provide emergency plans for potential pipeline incidents.

Large public assembly areas and facilities 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.

In the event of a transmission pipeline incident, evacuation or shelter-in-place may be warranted. Evacuation routes should be considered during the design of the development to ensure that the potential impacts of a transmission pipeline incident will not compromise a necessary evacuation. For example, buildings should have a safe means of egress with exits located where they would not be made inaccessible by the impacts of a pipeline incident.

Several codes have been issued to address these concerns, including:

  • NFPA 1 – National Fire Protection Association (NFPA): Fire Code
  • NFPA 101 – NFPA: Life Safety Code
  • NFPA 5000 – NFPA: Building and Construction Safety Code
  • IBC - International Code Council (ICC): International Building Code
  • IRC - ICC: International Residential Code
  • IFC - ICC:  International Fire Code

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 provides minimum standards for separation distances for various occupancies based on fire endurance (in hours) and incorporates many other NFPA codes and standards

[PIPA Report, November 2010 Page 85]

(by reference) for fire protection. NFPA 5000 and IBC provide minimum standards for fire endurance of various buildings.

Areas covered under this recommended 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, amphitheaters, 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 designs 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.

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:

[PIPA Report, November 2010 Page 86]

ND23 Consider Site Emergency Response Plans in Land Use Development

Practice Statement    Emergency response plan requirements should be considered in new land use development within a planning area (see PIPA Recommended Practice BL06) to reduce the risks of a transmission pipeline incident.

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. Site emergency response plans should include coordination with the transmission pipeline operator. The property developer/owner should consider emergency response needs when planning land use development in proximity to a transmission pipeline right-of-way to ensure that emergency response is not impeded during a pipeline incident. Emergency response requirements include but may not be limited to the following:

Access to shutoff valves

Transmission pipeline 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 transmission pipeline shutoff valves. Valve access routes should be coordinated with the transmission pipeline operators and 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.).

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 emergency response equipment. Street turnabouts should be of adequate 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.). Standards NFPA 1, “Fire Code”, and International Fire Code provide minimum standards for the plans, construction, specifications, and maintenance of access routes for emergency responders.

Location/capacity of fire hydrants (as appropriate)

Although water is not typically used to extinguish flammable liquid or gas fires, it may be used to cool exposed structures to prevent a fire from spreading. If the possible use of fire hydrants is anticipated, their location and capacity should be evaluated to ensure that there are an adequate number of hydrants available, that they are located adequately, that they are of adequate capacity, and that they are maintained to be accessible and reliable. NFPA 1 and IFC provide minimum standards for the location and supply of fire hydrants.

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

[PIPA Report, November 2010 Page 87]

It may be beneficial to ensure that there is ample amount of room in the vicinity for incident command systems, triage, and staging areas. These may be included in the local government’s master plans. (Some local governments develop master plans - long-range plans used to guide where and in what form physical development occurs in the community.)

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.

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:

[PIPA Report, November 2010 Page 88]

ND24 Install Temporary Markers on Edge of Transmission Pipeline Right-of-Way Prior to Construction Adjacent to Right-of-Way

Practice Statement   The property developer/owner should install temporary right-of-way (ROW) survey markers or fencing on the edge of the transmission pipeline ROW or 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   Local Government, Property Developer/Owner

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-ROW markers should be installed by the property developer/owner to alert construction personnel of the extent of the transmission pipeline ROW. Placing temporary ROW markers can enhance awareness of the presence of the pipeline and assist in visualizing the proximity of structures and landscaping to the edge of the pipeline ROW. Temporary fencing or temporary ROW markers can be used to mark the edge of the pipeline ROW. The ROW markers should be easily distinguishable from utility, survey and proposed excavation markers.

Local governments should 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.)

[PIPA Report, November 2010 Page 89]

Construction site adjacent to transmission pipeline right-of-way – Example of use of temporary right-of-way markers and construction fencing. – The markers along the left edge of the right-of-way are temporary right-of-way markers. The other marker is a transmission pipeline marker which indicates the location of the pipeline within the right-of-way. Notice the concrete pipe and heavy equipment located outside the right-of-way.

[PIPA Report, November 2010 Page 90]

ND25 Contact Transmission Pipeline Operator Prior to Excavating or Blasting

Practice Statement   Anyone planning to conduct excavating, blasting and/or seismic activities should consult with affected transmission pipeline operators well in advance of commencing these activities. Excavating and blasting have the potential to affect soil stability or lead to movement or settling of the soil surrounding the transmission pipeline.

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

Practice Description

Transmission pipelines are dependent upon the stability of the surrounding soil to ensure that they are adequately supported and not over-stressed. Excavations (blasting, boring, digging, trenching, drilling, etc.), especially those that are deeper or down-gradient from a transmission pipeline, must be planned and conducted to ensure that they do not undermine the soil supporting the pipeline. Undermining of the soil can occur either at the time of the excavation or later due to soil subsidence or settling.

Notification of transmission pipeline operators through the one-call system is required prior to all excavations. Property developers/owners planning excavation or blasting should determine if transmission pipelines may be affected by the activities. If such pipelines are identified, the property developer/owner should coordinate with the transmission pipeline operator and provide information about the planned activities.

Appropriate local government agencies should be engaged in the permitting or licensing process for blasting, well in advance of the actual blasting operation, when transmission lines may be impacted. Transmission pipeline operators should be notified of the planned blasting operation as part of the permitting or licensing process by local government.

Seismic testing or land uses near transmission pipelines that involve regular or periodic blasting (e.g., quarrying, mining) may require enhanced communications and coordination between the property developer/owner and the transmission pipeline operator. During 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:

[PIPA Report, November 2010 Page 91]

ND26 Use, Document, Record and Retain Encroachment Agreements or Permits

Practice Statement   Encroachment agreements should be used, documented, recorded and retained when a transmission pipeline operator agrees to allow a property developer/owner or 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   Local Government, Property Developer/Owner, Transmission Pipeline Operator

Practice Description

A property developer/owner, local government, or utility may desire to encroach on a transmission pipeline right-of-way (ROW) 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 transmission 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 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 a transmission pipeline 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.

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

[PIPA Report, November 2010 Page 92]

issues. Encroachment agreements should be retained by both parties for the duration of the encroachment.

References:

[PIPA Report, November 2010 Page 93]

ND27 Use, Document and Retain Letters of No Objection and Conditional Approval Letters

Practice Statement   Transmission pipeline operators may use, document and retain ”letters of no objection” in agreeing to land use activities on or near a transmission pipeline right-of-way. Such land uses may or may not be temporary.

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

Practice Description

When agreements are executed between a property developer/owner and a transmission pipeline operator, a “letter of no objection” or a “conditional approval letter” confirms that the pipeline operator has reviewed certain land use and development plans provided by the property developer/owner and does not object to them. The operator’s approval may be predicated on compliance to any conditions set forth in the letter of no objection. The document may provide details of allowable temporary land use, as well as the terms and conditions for such use.

In some cases, a letter of no objection may be included as a requirement in local government development regulations. A letter of no objection can serve to document that communication between the transmission pipeline operator and property developer/owner and/or local government planner has occurred early in the planning phase to help ensure that activities that could adversely affect transmission pipeline safety are identified.

Letters of no objection are generally not recorded but are retained by the operator.

[PIPA Report, November 2010 Page 94]

ND28 Document, Record and Retain Partial Releases

Practice Statement   Partial releases may be used to allow some part of the transmission pipeline right- of-way to be released from certain easement conditions, and should be documented, recorded and retained.

Audience   Property Developer/Owner, Transmission Pipeline Operator

Practice Description

An existing transmission pipeline easement may encumber an area of the pipeline right-of-way that is not occupied by transmission pipeline facilities or is not needed to perform pipeline related activities now or in the future. If requested by the landowner, the transmission pipeline operator, at its discretion, may agree to nullify the easement to this part of the land through a “partial release”. This may occur when a larger tract of land is subdivided and sold off to be developed.

A partial release allows land to be released from an easement that is no longer needed for the purposes of the easement. Partial releases should be recorded at the appropriate statutory office (i.e. county recorder, parish clerk) and retained for the life of the easement.