SIOUX FALLS, S.D. (KELO) — Underground pipelines that carry hazardous materials in Minnehaha County will need to be 330 feet from dwellings, churches and businesses.

The 330-foot setback distance was approved at Tuesday’s Minnehaha Commission meeting. Commissioners Jean Bender, Joe Kippley and Dean Karsky voted in favor while commissioners Jen Bleyenberg and Gerald Beninga voted against 330-feet.

Board chairwoman Bender said the 750-foot setback would not allow hazardous material pipelines in the county under a special use permit. “That was not my goal,” Bender said of an ordinance.

“My goal was not to shut down pipelines,” Bender said, but to have an ordinance related to intelligent use. A map of a 750-foot setback shows that waivers and conditional use permit applications would be needed instead of a special permit in the county, she said.

Bender could not be at the May 23 meeting where the 330-foot setback introduced by Kippley resulted in a 2-2 vote. The tie vote meant the 330-foot setback needed to be discussed and voted on Tuesday by the full vote of the board. The amendment was first voted on and later, the commissioners approved the entire ordinance that included the 330-foot setback.

Beninga and Bleyenberg favored the original setback of 750 feet, which was approved by the county’s planning and zoning commission.

Bleyenberg said the 750-foot setback may seem difficult to meet but when a county map is examined closer, it shows there is room for a pipeline to be installed throughout the county.

But the county’s planning and zoning director Scott Anderson said he doubted a pipeline could be installed at 750-feet without needing waivers or a conditional use permit in some parts of the county.

Although the setback applies to hazardous material pipelines, the discussion today and on May 23 referred to the two proposed carbon dioxide underground pipelines that would travel through the county as part of larger overall projects.

Rick Bonander of Valley Springs said the 750-foot setback as it applied to CO2 pipelines was the better choice. It fits the intelligent use of land in the county, he said.

Others who spoke in favor of the 750-foot setback said the county commission should trust the work of the county’s state’s attorney and the planning and zoning board.

Kippley said he recommended the 330-foot setback because it is an incentive for pipeline companies to discuss and negotiate with landowners and the county in good faith on proposed projects. Also, the Pipeline and Hazardous Materials Safety Administration (PHSMA) has an evacuation guideline of 330-feet for hazardous material pipelines. If there is a problem, buildings that are within 330 are evacuated, Kippley said.

The 330-feet is based on PHSMA guideline and it puts the county on firm ground, he said.

The 750-foot setback would have been an incentive for pipeline companies to work with landowners in a responsible manner, Beninga said. He would have liked a 1,000-foot setback but realized that would not get approved by the county.

Bender said it was important for the county to have a special permit ordinance in place before the South Dakota Public Utilities Commission decides on two CO2 pipeline permits applications submitted for two separate projects by Summit Carbon Solutions and Navigator with Heartland Greenway project.

After approving the 330-foot setback in the 3-2 vote, the commissioners voted 4-1 to approve the overall ordinance.