Interpretation Response #PI-76-069 ([F. Lucille Nesbit])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 10/22/1976

Company Name:

Individual Name: F. Lucille Nesbit

Location State: OH Country: US

View the Interpretation Document

Response text:

October 22, 1976

Ms. F. Lucille Nesbit
7931 Carter Road
Northfield, OH 44067

Dear Ms. Nesbit:

This responds to your letter of September 22, 1976, concerning the property which you wish to sell for a homesite and the possible restrictions to building within some fixed distance from a petroleum pipeline that is owned by and operated by the Laurel Pipeline Company.

During a telephone conversation on October 8, 1976, with Mr. Paul Cory of this Office, you stated that the zoning board had adopted the restriction set forth in Title 49, Code of Federal
Regulations (CFR), Part 195, Section 195.210(b), "No pipeline may be located within 50 feet of any private dwelling, or any industrial building, or place of public assembly in which people work, congregate, or assemble, unless it is provided with at least 12 inches of cover in addition to that prescribed in 195.248." The zoning board has interpreted this to mean that buildings could not be constructed within 50 feet of an existing petroleum piping. This is not the intent of this regulation.

There is no restriction in Part 195 on the distance between a building and a pipeline. Section 195.210 merely sets the requirement for additional cover that must be provided if a
pipeline is being installed within 50 feet of certain types of locations.

This agency regulates the safety of interstate petroleum pipelines under the Transportation of Explosives Act (18 U.S.C. 831-835). Regulations governing the design, construction,
operation, and maintenance of petroleum pipelines are contained in 49 CFR Part 195. These regulations are intended to prevent damage to persons and property from pipeline leaks.

The Act does not authorize the prescribing of a particular route or location for a pipeline. In fact, except in regard to the licensing of pipelines crossing Federal lands or navigable
waterways, handled respectively by the Department of the Interior and the U.S. Army Corps of Engineers, no Federal agency makes routing determinations for petroleum pipelines. Routing may, however, be subject to State or local controls.

There is a regulation of the Department of Housing and Urban Development (HUD) that does not allow HUD-Federal Housing Administration to insure mortgages on residences that are built closer than 10 feet from an easement for a liquid or gas pipeline. This is covered in HUD Minimum Property Standards, Section 4900.1 - Volume I - Single Family Housing.

Thank you for your interest in pipeline safety.

Sincerely,

Cesar DeLeon
Acting Director
Office of Pipeline
Safety Operations

Regulation Sections