Other activities subject to an encroachment agreement are determined on a case-by-case basis.
In addition, third party activities that necessitate Northern to modify its facilities (such as,
but not limited to, pipeline casing extensions, pipeline relocations or replacements, and
pipeline cathodic protection facility modifications) are addressed in the encroachment agreement.
Reimbursement provisions may also be referenced in the encroachment agreement, however this is usually
addressed by a separate reimbursement agreement.
Who initiates the "Encroachment Agreement"?
A Northern representative generally initiates the encroachment agreement. The agreement must be
executed before work begins on the right-of-way. In the event work commences absent such an agreement,
Northern may take steps to prevent further activity.
Reimbursement Agreement
When is a "Reimbursement Agreement" required?
A reimbursement agreement may be required for activities proposed on the right-of-way which require
extensive preliminary engineering and/or field inspection services by Northern personnel.
In addition, Northern will seek a reimbursement agreement for any third-party activities that
require modification to Northern's facilities. Such modifications include, but are not limited to,
pipeline casing extensions, pipeline relocations or replacements and pipeline cathodic protection
facility modifications.
Who initiates the "Reimbursement Agreement"?
The agreement is initiated by a representative of Northern and must be executed before any work,
preliminary engineering, or field inspection services are performed by Northern.
Encroachment Permit Encroachment form sample
When is an "Encroachment Permit" required?
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An encroachment agreement is required when: |
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Activities/works cross under or over the natural gas pipeline. |
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Activities/works extend into the right-of-way. |
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Examples of such activities/works may include, but are not limited to: |
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Residential water lines |
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Residential television cable |
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Small diameter drainage or sewer lines |
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Residential electrical lines |
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Fences ((livestock or typical residential) |
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Residential sprinkler systems |
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Residential driveway |
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Who initiates the "Encroachment Permit"?
The agreement is initiated by a local representative of Northern and must be executed before
work begins on the right-of-way.
VII. Notification and Construction Safety Requirements
Notification
In order to prevent unnecessary delays, Northern encourages close communication with its representatives
throughout your entire project. A Northern representative will be pleased to attend pre-construction
meetings and provide a safety/informational presentation to any interested parties, including
contractors, local government maintenance crews, and developers. Please refer to the region contacts
for your specific contact number.
All of the states in which Northern operates have "one-call" laws, which require excavators to
provide 48 to 72 hours notice, depending on local requirements, before any excavating commences.
Your local one-call system will notify all participating utilities in the area of your planned
excavation activities.
A Northern representative will be on-site following 48 to 72 hours prior notice for all surface
and subsurface activities within the pipeline right-of-way. Any crossings made without a Northern
inspector on site will have to be re-excavated at the excavator's expense to provide Northern an
opportunity to inspect all affected pipeline facilities.
Protect yourself, utility companies, and the public. Call before you dig.
Federal regulations (OSHA 29CFR Ch. XVII-1926.651) require excavators to notify underground
utilities prior to the start of actual excavation. Your state regulations may be more specific,
but in any case, failure to notify underground utility operators of excavation activities could
lead to a citation or fine.
Northern operates its facilities at high pressures. To ensure the safety and reliability of its
facilities, Northern requires one of its representatives to be on site while you work around its
pipelines. Remember, in addition to making the one-call, please contact your local Northern office
before work commences on, or in close proximity to, a Northern right-of-way. A Northern
representative will be on site to inspect the work and monitor the site until construction is completed.
Safety Requirements
Excavations must be barricaded to protect pedestrians and vehicles. Proper access into the trench
must be provided. Excavations must be properly sloped or shored, as required to comply with state
and Federal OSHA requirements.
Stockpiling brush, trash or other debris on the easement is prohibited, as it may conceal pipeline
markers and hinder pipeline inspections or routine maintenance. Contact your local Northern district
office concerning burning restrictions.
VIII. Plan Design and Review Requirements
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Ideal Subdivision Layout |
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The entire easement width is reserved as an open space trail or green belt. |
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Easement identity is clear and easily marked. |
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Crews can undertake emergency repairs quickly. |
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Fewer landowners are affected by the easement, which reduces the chance of a "dig in." |
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Routine maintenance and inspections are not hindered. |
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When the proposed development plans call for the dedication of the street/road
right-of-way to the city, county or state, it is important to note that Northern's
easement is superior to this action and its rights are not diminished. The agency
involved may require you to obtain an amended easement.
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Subdivision Plans |
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Northern requires a minimum of 30 business days lead-time to review preliminary plans for
impacts to the easement and to insure that all proposed improvements are designed in accordance
with Northern's Encroachment Specifications. |
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An open space trail, free of trees and other deep-rooted plants, is the ideal easement use.
This reduces the public exposure by minimizing the opportunity for "dig-ins." When this is not
possible, lot division on either boundary of the easement is preferable to splitting the easement
between lots. A lot division configured on top of the pipeline causes lot loss to the public because
no fences can be built directly over the pipeline. Construction, maintenance and routine inspections
can be disruptive to the landowner when the easement is split between lots. |
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A formal encroachment agreement is usually executed between Northern and the developer/landowner
to provide specific land use rights. |
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Northern representatives will work with your surveyor(s) and will flag or stake the location of
its pipeline facilities. |
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Street & Road Crossing Plans |
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Northern requires a minimum of 30 business days to review proposed road-crossing plans. Additional
review time will be necessary for proposed divided highways, interstate highways and other road
construction projects that require pipeline modifications. |
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Provide a scope of work, description, and plan and profile drawings with your plans. Profiles
are required to show depth of cover over each Northern pipeline (existing and finished grade) and
the clearance between Northern's pipeline and any associated utilities. |
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Please include a location map showing the project site area, including sufficient geographical
references such as legal property lines, roads, and appropriate deed information to the properties impacted. |
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When new rights-of-way are acquired or dedicated, the costs for pipeline modifications will
generally be borne by the developer, state, county or city highway department. |
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Northern must be given the opportunity to make a pipeline inspection
prior to the start of road construction. |
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IX. Encroachment Specifications
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The following Northern specifications are minimum requirements for most
proposed encroachments to maintain
safety and reliability of the pipelines and to avoid conflicts with Federal Department of Transportation
regulations and existing right-of-way agreements. Additional requirements may be imposed, depending upon
the scope of the proposed encroachment. For a review of your individual situation, please contact your
local Northern office. "One-Call" systems require 48 to 72 hours notice prior to excavation activities.
Check your local requirements, it's fast, easy and provided at no charge. Notification is the Law! |
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General Requirements for Surface Alterations |
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No aboveground structures or appurtenances are to be
located within the Northern right-of-way. |
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An authorized Northern representative must be on site prior to
and during any surface disturbing work
performed within the right-of-way. Northern's representative will assist you in determining the location
of the pipeline, the right-of-way width, and existing cover over the pipeline. |
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No cut or fill on the right-of-way is permitted without Northern's
approval. Northern will require
submittal of plan and profile drawings for prior review and approval. All drawings must show, in detail,
any nearby Northern facilities and other features that will allow Northern to determine the effects of the
proposed construction or maintenance activity on its facilities. |
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Northern may request evidence of general liability and other
appropriate and usual insurance prior to
any activity and/or construction on or near Northern rights-of-way. In the event of excavation under
Northern pipelines, the applicable Northern pipeline must be named as additional insured. Any rights of
subrogation or recovery will be waived in favor of Northern. The insurance limits, terms and conditions
that may be required will be dependent on the specific facilities potentially impacted and what would be
usually and prudently obtained in similar industry situations. |
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All foreign lines crossing Northern's right-of-way shall
be installed in accordance with all applicable
codes and requirements governing such installations. |
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All foreign lines shall cross Northern's right-of-way at an
angle as close to 90 degrees as possible.
No horizontal or vertical beds will be permitted in Northern's right-of-way. Parallel occupancy of Northern's
right-of-way shall not be permitted. |
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Northern pipelines are electrically protected against corrosion.
At Northern's request, metallic foreign
lines that enter or cross Northern 's right-of-way must have test leads installed. In addition, Northern
personnel must be provided an opportunity to install test leads on Northern 's existing pipelines. All
necessary measures (coatings, electrical bonds, etc.) shall be taken to ensure that the proposed pipe or
utility is adequately protected from potential interference. |
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All foreign lines crossing Northern pipeline or related facilities
shall be installed with a minimum of 12
inches of clearance between the existing Northern pipeline facilities and the proposed foreign line. The foreign
line shall be installed at a uniform depth across the full width of the Northern right-of-way. Northern may
require that foreign lines be installed under its existing pipeline(s) and related facilities. |
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Northern may require that foreign lines be identified with permanent
aboveground markers where the lines
enter and exit Northern 's right-of-way. It is the foreign line owner's responsibility to obtain any rights to
install the markers, and to maintain the markers. A direct-burial warning tape should be placed 12 to 18
inches above the foreign line and extend across the entire width of Northern's right-of-way. |
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In some cases, there is significant delay between the review of
developer 's plans and actual construction.
If delays occur, all construction and maintenance activities are subject to Northern's requirements in effect
at the time the work actually takes place. |
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Fences |
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Fence posts shall not be installed within 2 feet of any Northern pipeline. For fences installed across the
right-of-way, Northern will require that the first fence post installed on either side of the pipe shall be
set in a hand dug hole. |
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Northern shall have the free right of ingress and egress. Northern
may require that new fences have a 12-foot
wide gate without locking devices installed within the right-of-way at a location approved by Northern. |
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Landscape Guidelines |
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No trees or large, deep-rooted shrubs are permitted on the right-of-way. |
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With prior approval from Northern, some types of small shrubs may be
permitted on the right-of-way,
provided the plantings do not interfere with the operation, maintenance and inspection of the pipeline and
related facilities. Under no circumstances will mechanical equipment be allowed for planting of shrubs on
the right-of-way. |
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Northern reserves the right to cut and/or remove plantings on the
Northern right-of-way as required in the
operation, inspection and maintenance of its pipeline facilities; further, Northern assumes no responsibility
for any cost involved in the replacement of removed landscape plantings. |
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All sprinkler or irrigation systems will require review by a Northern
representative. Sprinkler heads will
not be permitted within 2 feet of any pipeline. All crossings of the pipeline with feeder lines must be hand dug. |
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Northern may require that a recorded encroachment agreement be
executed by all parties prior to any landscaping. |
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Streets, Roads and Driveways |
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Northern must complete a preliminary engineering review for all
roads, streets, driveways, etc. proposed on
the right-of-way. Any pipe casing, concrete slabs or other protection required by Northern shall be installed at
no expense to Northern. Northern may require a pipeline inspection prior to construction. |
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Access to the earth above the pipeline must be maintained for
leak detection and cathodic protection surveys. |
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The recommended minimum cover over Northern's existing pipelines is
36 inches at all driveways, highways, roads,
streets, etc. The recommended minimum cover over Northern's existing pipelines in adjacent burrow ditches is 36 inches. |
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Driveways, highways, roads, streets, etc. crossing Northern pipeline
facilities shall cross at an angle as close
to 90 degrees as possible. All crossings must be over straight pipe and at locations free of any other crossovers.
Parallel occupancy of the right-of-way shall not be permitted. |
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Northern may require a recorded Encroachment Agreement. Northern will retain the right to cut all present and
proposed driveways, highways, roads, streets, etc. and will have no responsibility for restoration, loss of use or
access or any other costs. |
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Temporary Equipment Crossings
To protect Northern's pipeline from external loading, Northern must perform an engineering evaluation to determine
the effects of any proposed equipment use. Mats, timber bridges or other protective materials deemed necessary by
Northern shall be placed over Northern facilities for the duration of any loading. Protective materials shall be
purchased, placed and removed at no cost to Northern. The right-of-way must be restored to its original condition.
Northern may require markings to identify specific areas where equipment use is authorized. Vibratory equipment is
not permitted on the right-of-way.
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Drainage, Impoundment of Water and Erosion Control |
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Northern may conduct preliminary engineering studies for any proposed
drainage channels or ditches within the
right-of-way. Drainage channels or ditches must be adequately protected from erosion and provide a minimum of 36
inches of cover over the pipeline(s). Altering (clearing, re-grading or changing alignment of) an existing drainage
channel or ditch requires approval from Northern. |
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Impoundment of water on the right-of-way is not permitted.
Soil erosion control measures shall not be installed
within the right-of-way without prior Northern approval. |
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Excavations |
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Plans for excavation on the right-of-way require prior approval by Northern.
A Northern representative must be
present for any excavation within 25 feet of any Northern pipeline. No machine excavation shall be performed within
18 inches of Northern's pipeline(s). Northern's on site representative may require hand digging at a distance greater
than 18 inches. |
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When a backhoe is used, the bucket teeth should be curled under
each time the bucket is brought back into the
ditch to reduce the chance of the teeth contacting the pipeline. |
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Prior to any plowing or ripping of soil on the right-of-way,
particularly in association with development
grading or agricultural activities, your plans should be reviewed with your local Northern representative to ensure
that proper cover exists. |
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Northern may require an engineering evaluation of all excavation
activities which necessitate unsupported pipeline spans 10 feet in length or greater. |
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Blasting |
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Northern may require that a detailed blasting plan be submitted
for review and authorization prior to any
proposed blasting. Depending on the type of facilities the minimum perpendicular distance from the point of
detonation to the center of the pipeline will be between 150 and 300 feet from Northern pipeline facilities.
If deemed necessary by Northern, the blasting contractor may be required to perform seismic monitoring. |
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Buried Communication (Telephone, TV, Data Transmission and
Fiber Optic) and Buried Power Line Crossings |
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All buried communication lines including residential telephone and
cable TV lines crossing Northern facilities
shall be installed in rigid casing (minimum of Schedule 40) for a minimum of 7.5 feet on either side of the pipeline. |
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All buried electric cables, including single residential service drops,
crossing Northern facilities shall be
installed in non-metallic rigid casing (minimum of Schedule 40) for a minimum of 10 feet on either side of the pipeline. |
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All buried electric cable of 600 volts or more shall be installed a
minimum of 3 feet below the pipeline if
practical, be encased in concrete, color coded red, across the entire right-of-way width and have external, spiral
wound, neutrals grounded on each side of the right-of-way. |
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Northern may require additional protection, including concrete encasement
or concrete caps. |
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Sanitary Sewer and Water Crossings
All sewer and water lines shall be either (1) ductile iron or steel pipe (adequately
protected from Northern cathodic protection system), or (2) plastic pipe installed in rigid casing
(minimum of Schedule 40) for a minimum of 10 feet on either side of the pipeline.
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Combustible Material Lines |
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All plastic combustible material lines shall be installed in rigid
casing (minimum of Schedule 40) for a minimum
of 10 feet on either side of the pipeline. |
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Northern may require that steel combustible material lines
(adequately protected from Northern cathodic protection system)
be installed under the existing Northern pipeline facilities. In addition, Northern may require additional protection
for steel combustible material lines, including concrete encasement or concrete caps. |
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Bored Crossings |
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Northern 's existing pipeline facilities shall be test pitted to
verify the location of the pipe prior to any
proposed boring operations. Northern may require submittal of both plan and profile drawings for appropriate review
prior to any proposed boring operations. |
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Northern may require rigid casing (minimum of Schedule 40) for all
bored crossings. |
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Prior to any boring, inspection holes will be excavated to verify the
depth of the bore as it approaches each
pipeline. The contractor shall provide and maintain instrumentation to accurately locate the boring head. |
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Overhead Line Crossings |
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Overhead line crossings shall be installed with a minimum of 30 feet
of vertical clearance above the Northern
right-of-way to provide adequate equipment clearance. No poles or appurtenances shall be located on the Northern
right-of-way. |
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Overhead line crossings shall not be installed within 30 feet
(measured horizontally) of any gas vent
(e.g. relief valve, blow-down vent). |
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Overhead lines shall cross at an angle as close to 90 degrees as
possible. Parallel occupancy of the
Northern right-of-way will not be permitted. |
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Disposal Systems
No septic tanks, liquid disposal systems or hazardous waste disposal systems will be allowed on the
right-of-way or within 30 feet of Northern facilities. This prohibition includes, but is not limited to,
facilities that have the potential of discharging effluent from sewage disposal systems, the discharge of
any hydrocarbon substance, the discharge or disposal of any regulated waste or any
other discharge that may prove damaging or corrosive to Northern facilities.
X. Northern Emergency and State One Call Numbers
Remember, Call Before You Dig
If not listed below, call this number for you State's One Call number:
888-258-0808
Iowa 800-292-8989
Illinois 800-892-0123
Kansas 800-344-7233
Michigan 800-482-7171
Minnesota 800-252-1166
Nebraska 800-331-5666
New Mexico 800-321-2537
Oklahoma 800-522-6543
South Dakota 800-781-7474
Texas 800-344-8377
Wisconsin 800-242-8511
To report a natural gas emergency:
Call Northern's Operations Communication Center 888-367-6671 or 911
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