SIOUX FALLS, S.D. (KELO) — An amended ordinance that would address carbon dioxide pipelines in Minnehaha County stalled at today’s commissioner’s meeting.

The vote on reducing the setbacks of hazardous material pipelines from 750 feet from a property parcel boundary to 330 feet resulted in a 2-2 vote. Commissioner Jean Bender was not at Tuesday’s meeting. The 2-2 vote means the commissioners will again address an amended ordinance on June 6.

A county resident said Tuesday, that members of the public had a victory on April 24 when the county’s planning commission voted to recommend an amended ordinance with a 750-foot setback for county approval. On Tuesday, there was neither a victor nor a defeat for either side.

The 330 feet vote came after public input on the original amended ordinance that addresses hazardous material pipelines in the county. The full amended ordinance would allow the county to consider hazardous material pipelines as permitted for special use under certain requirements. If those requirements could not be met, the company could apply for a conditional use permit.

Commissioners are considering an amended ordinance as two companies, Summit Carbon Solutions and Navigator, are proposing installing miles of CO2 pipelines in the state as part of two separate overall projects.

Although there was no direct comment that Summit or Navigator would sue the county if it passed an amended ordinance that includes pipeline setbacks, both companies are involved in lawsuits against counties that have ordinances in Iowa.

Supporters of the 750-foot setback said the commissioners should respect the work of the planning commission and state’s attorney.

One of the central points of the discussion at the meeting was whether or not the 750-foot setback was an arbitrary number.

“I think 750 (feet setback) is somewhat arbitrary,” Commissioner Dean Karsky said during the meeting. He favored 330 feet.

“The setback of 750 feet is not arbitrary,” county resident Joy Hohn said. The county’s planning and zoning commission and state’s attorney worked on a setback and amended ordinance that is defensible, Hohn said.

Commissioners Gerald Beninga and Jen Bleyenberg said they respected the work of the state’s attorney and planning and zoning commission. The 750-foot setback from property lines was common sense, Beninga said.

“It was always understood that this is a work in progress,” Commissioner Joe Kippley said. Kippley is the county board representative on the planning and zoning commission.

Kippley recommended the 330 foot setback as based the 330 setback on the Pipeline and Hazardous Materials Safety Administration’s (PHSMA) recommendation for a designated emergency zone coverage for CO2 pipelines.

County resident Chase Jensen said safety could not be addressed in the county’s proposed ordinance, so why then would Kippley suggest 330 feet from an emergency guideline?

Kippley said if he used the safety setback from PHSMA, it would be 50 feet.

Also, when he looks at a map of 750 foot setbacks, it doesn’t appear there really provide any starting point for discussion with companies that may want to install pipelines, Kippely said. Companies would need to quickly move to the conditional use permit stage.

Representatives from Summit Carbon Solutions and Navigator (Heartland Greenway project) said their two projects would follow federal regulations.

Monica Howard is the senior director of environmental and regulatory. She said on Tuesday that she has worked with pipeline regulations for more than 20 years.

“In my experiences across the country, it’s been 50 foot (setbacks),” Howard said. The process to determine a pipeline route includes evaluate the sub-surface and surface conditions including using artificial intelligence software, Howard said.