Construction & Maintenance

Can the pipeline company come on my land without my permission?

State or local trespass laws prevail until a certificate is issued by the Commission. Some states have laws that allow a company to get access to property for survey purposes. Procedures vary by state. Once a certificate is issued or an easement/survey agreement or court order is obtained, the company may come onto your land. Usually the company will notify you in advance.

If the company is just using the area under my land, do they require access to my land?

Where surface facilities are needed, the storage lease or easement agreements developed between the landowner and the storage facility operator usually indicate minimum spacing of the facilities with respect to existing structures, like your home. In most cases, if the company does not have any surface facilities on your property, the company would not need access to your property. 

However, the company may need access to your land to check the integrity of a pipeline crossing your property or to monitor the effects of previously abandoned facilities (such as an old gas well) or facilities owned by another company to insure that those facilities do not interfere with the company’s storage operations. Because the need for access cannot be predicted, the storage lease or easement agreement typically references the right of the company to enter your property when needed. The company should inform the property owner when its employees plan to enter the property.

When can they start to build?

Construction cannot commence until the Commission issues a certificate, the company accepts it, the company receives all other relevant permits and authorizations, and the company complies with environmental conditions attached to the certificate. For most large pipelines, the time from filing an application to approval ranges from one year to two years. Once a certificate is issued, construction may start within a few weeks of the company having completed any outstanding studies or having met other preconditions set by the Commission.

How close can the pipeline be to other pipelines or utility facilities?

Pipelines must be at least a foot from any underground structure and two to three feet below ground. Companies usually want their pipelines to be 25 feet from another pipeline. If space permits, pipelines can be placed in another utility’s right-of-way.

How soon after construction will the company restore the land? 

Commission rules require restoration as soon as the trench is backfilled and weather permits.

What about bushes, trees, fences, driveways and so forth? 

Trees with roots that may damage the pipeline or its coating and other obstructions that prevent observation from aircraft during maintenance are usually not allowed. Driveways and other improvements without foundations are normally allowed. All improvements are subject to the terms of the easement and are subject to negotiation as long as the pipeline maintenance and safety are not affected.