Powerline developers ask North Dakota agency to trump local ordinances

BISMARCK (North Dakota Monitor) — Two power companies are asking the North Dakota Public Service Commission to make a determination that some local zoning ordinances along a proposed powerline are overly restrictive, which would trigger a new law that says state zoning rules trump local ordinances for transmission lines.

An attorney representing Otter Tail Power and Montana-Dakota Utilities announced the request Thursday at the start of a hearing on the Jamestown to Ellendale high-voltage powerline project, also known as JETx.

Jason Weiers, manager of transmission policy and contracts for Otter Tail Power, testified that overly restrictive ordinances in townships along the proposed route threaten to make the project unfeasible.

Otter Tail Power and Montana-Dakota Utilities would jointly construct, own and operate the 92-mile powerline. The companies asked the three-person PSC to find the setback ordinances of some townships overly restrictive, making the state’s 500-foot setback from occupied residences the standard.

Weiers said Homer and Corwin townships in Stutsman County and Willowbank Township in LaMoure County have passed ordinances requiring that high-voltage powerlines be 2,640 feet, or half a mile, away from an occupied residence.

Weiers said in Homer Township the setback is essentially a “ban on the development of high-voltage power lines.” In Corwin and Willowbank, the setback makes routing the powerline  “nearly impossible.”

Three townships in LaMoure County — Russell, Wano and Willowbank — also have passed moratoriums on high-voltage power lines. Weiers said the moratoriums “appear to target the project directly.”

The Legislature passed a bill in 2025 specifying that state zoning rules can supersede local ordinances. The law took effect Aug. 1. The JETx project was referenced in testimony about the bill.

The companies say the project is needed to improve grid reliability in the Jamestown area, which has been hit by both winter and summer storms in recent years, forcing power use to be curtailed.

Rob Frank, director of electric transmission engineering for MDU, said the line connecting to two other high-voltage lines offers “significant reliability benefits” and also would improve transmission into South Dakota.

The companies hope to start construction later this year with completion in 2028.

Weiers said the project is estimated to cost $406 million. He said routing around townships with restrictive ordinances could add $24 million to the cost.

The project would use 502 single pole supports that would be 120 feet to 180 feet tall.

The PSC set aside two days for a technical hearing on the project, with Otter Tail and MDU officials providing detailed information.

Next week, the PSC will hold hearings in Ellendale, Edgeley and Jamestown to gather public input. It is the first time the PSC has used a newly established process for holding separate technical and public hearings.

Weiers said 134 of 173 landowners — 77% — along the route have signed agreements to allow the powerline to run through their property. He said that equates to 76% of the length of the 92 mile line.

The Public Service Commission previously approved a certificate of need for the project but still needs to approve a route permit.

Sheri Haugen-Hoffart, left, and Randy Christmann of the North Dakota Public Service Commission hear testimony Thursday, Jan. 8, 2025, on a proposed powerline project. (Mary Steurer/North Dakota Monitor)

Commission Chairman Randy Christmann voted against the project last year and Thursday asked more questions.

“Is it about hooking up to renewables or is it about reliability?” he asked Weiers, referring to wind power in the area.

Weiers said that the project benefits improved transmission from wind turbines west of Ellendale and grid reliability.

Christmann asked Frank why easement signings seemed to be low and resistance from townships is unusually high.

Frank cited “landowner fatigue” to new projects of all kinds but said easement signings were typical for a powerline project.

“Some landowners are unwilling to sign over property rights for anything,” he said.

North Dakota Monitor Deputy Editor Jeff Beach can be reached at jbeach@northdakotamonitor.com.