A license must be obtained from the DNR for the passage of any utility crossing over, under, or across any state land or public water.
The Minnesota DNR, Division of Lands & Minerals is responsible for granting permission to companies that propose to cross state land or public waters with utility infrastructure projects. The permission is in the form of a utility crossing license. Utility licenses are granted for a term of 25 or 50 years, and may be renewed when they expire. Applicants apply for a license by submitting an application. Utility licenses are generally required for the installation of electrical, pipeline, and communication projects.
- What utilities are covered by a crossing license?
- Electrical transmission or distribution
- Pipeline transmission or distribution of liquids, gases or solids in suspension
- Communication cables, conduits, or other lines
- Do I need a license to install a utility line across state land or public water?
Yes, a license must be obtained from the DNR for the passage of any utility over, under, or across any state land or public water.
- How can I find out if my project will cross state land?
A utility license is required to cross state land managed by the Department of Natural Resources. If your project crosses state land managed by another agency (MnDOT, for example), you must contact them for crossing permission. If your project crosses tax forfeited land managed by a county, you must contact the county. Plat books and county websites are good resources for checking land ownership.
To confirm that your project crosses state land managed by DNR, consult the DNR website for interactive maps.
ArcGIS shapefiles depicting state land administered by DNR are available for downloading at Minnesota Geospatial Commons.
- What is a public water and how can I find out if my project will cross one?
Public waters are any water bodies (lakes, rivers, public ditches, and some wetlands) identified as such on the Protected Waters and Wetlands Maps (PWI). These maps were produced on a county-by-county basis and are available for download. For some counties, GIS-based PWI maps in electronic format are available.
ArcGIS shapefiles of basins and watercourses used to construct the GIS-based PWI maps are available at Minnesota Geospatial Commons.
To confirm if your project crosses a public water, locate your crossing on a PWI map.
- Do public wetlands require a license?
The answer depends on the underlying facts. The first step is to check the Public Waters Inventory (PWI). Most Public Waters Wetlands are identified in the PWI with the suffix of "W." However, there are some wetlands that are classified as Public Waters and are identified in the PWI with a suffix of "P."
If the wetland is classified as Public Waters, a state License for Utility to Cross State Waters is needed. If the wetland is classified as a Public Waters Wetland, a state License for Utility to Cross State Land is only needed if the wetland is located on state-owned land managed by the DNR.
If the wetland is classified as a Public Waters Wetland, but the wetland is not located on state-owned land managed by the DNR, you do not need a state utility license but you will need to contact the other state agency or county (for tax forfeited land) or private property owner for permission to cross the lands. In addition, Public Waters Wetlands located on non-DNR managed land may require a Waters Permit if the utility company is going to be working below the Ordinary High Water Level and altering the course, current or cross section of the wetland. Please contact a DNR Hydrologist for further instructions in these instances.
DNR Hydrologist »
- What is the process for requesting a utility crossing license?
- Contact DNR Lands & Minerals Regional Operations staff if you have questions concerning land ownership, planned routes, and existing resource management uses.
- Obtain a copy of the application from this webpage.
- Complete the application per the instructions, attach the necessary maps and documentation, and applicable fee. Mail to the appropriate regional office.
- After the application is received, you will be contacted. Low impact water crossing licenses typically can be issued in 4 weeks or less. Other types of water and land crossings may take up to several months to issue, depending on the scope and location of the project.
- What are the license fees?
Application and Other Fees
The water crossing application fee is $2,250 and the land crossing application fee is $3,500. The application fee must be included with the application.
For each crossing, there is a one-time license crossing fee which is either based on a fee table or the appraised value of the land. The applicant can use the fee tables found in Minnesota Rules, Chapter 6135, Minnesota Rules, Minnesota Rules, Chapter 6135 to estimate the fee for a particular crossing. License fees should not be calculated and submitted with the license application. The only payment submitted with an application should be the application fee, if applicable. The DNR will calculate the correct license fee and bill the applicant at the time the utility license is ready to be issued.
Timber damages or other damages to the property of the state may apply and a monitoring fee may also be assessed.
- What are the Utility Crossing License Laws and Rules?
Current Fee Waiver
The current law is effective 6/13/2015 and was made retroactive to 7/1/2014. It states that application fees are exempted on all utility license applications except for 1) electric lines that are 100 kV or greater; and 2) main pipelines (gas, liquids, or suspended solids).
- Are there funding restrictions on State land?
Some lands owned by the State of Minnesota were purchased using funds that put restrictions on the lands. Before the DNR can grant a utility license over lands with funding restriction, DNR must receive written approval from the funding provider. This process can take several months.
The DNR encourages you to plan ahead for this review. Please contact your Division of Lands and Minerals Regional Operational Staff. They will determine if the state land you would like a utility license over has funding restrictions.
If it is determined that funding approval is required, the items listed below should be submitted with your utility license application.
- Map that indicates scope of entire project - preferably with aerial photo background and clearly labeled.
- Detailed map of project segment on DNR land.
- Project and construction description sufficient to evaluate potential impacts to natural resources and to recreational users, including time of the year construction will take place, type of equipment, and environmental precautions used.
- A cultural review of the project must be completed by the State Historic Preservation Office (SHPO). Depending on the results of the initial cultural review, a more detailed survey of historical and cultural assets may be needed. A copy of the letter from SHPO must be included.
- Description of alternate routes that were considered.
Need more information?
As of June 13, 2015 application fees are exempt on all utility license applications except for electric power lines, cables, or conduits 100 kilovolts or greater and main pipelines for gas, liquids, or solids in suspension. In addition, a license crossing fee is required for all utility crossing licenses.
The chart below provides a quick summary of the law.
This file contains the application form and instructions for a license to cross public lands and waters. The instructions begin on page 4. Land and water crossings cannot be combined on the same application.
Applicants can complete the application by using one of these methods:
- Open the PDF file, print the blank form, fill it out by hand.
- Open the PDF file, fill it out interactively, print the completed form.
- Save the PDF file to your computer, fill out the saved copy, print the completed form.
Send the completed form along with the required attachments and applicable fees to the DNR office listed in the instructions.