ND HB1258

Electric transmission facility permits may supersede local land use and zoning regulations (but no longer building regulations), whereas electric energy conversion facility certificates remain fully subject to all local rules

Commission may preempt local regulations only if the applicant proves by preponderance of evidence that regulations are unreasonably restrictive given existing technology, cost factors, consumer needs, or are in direct conflict with state or federal laws

Applicants must comply with road use agreements of impacted political subdivisions before transmission facility approval

Commission must notify townships, cities, and counties when transmission facility applications are filed, with public hearings prohibited until at least 45 days after notification; political subdivisions must file local requirements at least 10 days before hearing or those requirements are automatically preempted

Applies retroactively to January 1, 2025; passed House 86-7 and Senate 27-18