49-41B-28. Supersession of local land use controls--Exception.

A permit for the construction of a transmission facility within a designated area supersedes and preempts any county, township, municipal, or any other governmental unit land use, zoning, or building rule, regulation, or ordinance. Any local land use, zoning, or building rule, regulation, or ordinance preempted or superseded under this section is not an applicable rule or law under subdivision 49-41B-22(1). A route or transmission facility permitted by the commission under this chapter is not subject to any local land use, zoning, or building rule, regulation, or ordinance, unless the commission requires compliance with any generally applicable rule, regulation, or ordinance as a condition of the permit issued. The enforcement of any county, municipal, township, or other governmental unit rule, regulation, or ordinance for a transmission facility permitted under this chapter must be done pursuant to the order of the commission granting the permit.

Source: SL 1977, ch 390, § 31; SL 2024, ch 189, § 6 (subject to 2024 referendum).