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PIPA Recommended Practice ND27

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(s): Local Government, Property Developer and 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.