Fairfax County’s leaders agree that natural gas companies need to communicate more with them and the public on major pipeline projects, but they appear divided on how to make that happen.
At a land use committee meeting on May 14, county staff presented the Fairfax County Board of Supervisors with potential options for regulating “high-pressure” pipelines under local streets. The review was specifically prompted by community opposition to a 2-foot-wide pipeline that Washington Gas plans to build through Pimmit Hills.
In addition to requiring that gas companies provide notice and regular updates to the board and community about upcoming projects, the county could require a special exception in certain cases — a process that includes public hearings — or limit where pipelines can be installed, Jacqui Kamp, a planner with the Zoning Administration Division, said.
Each option has benefits as well as drawbacks, she told the board. Communication requirements for projects like the controversial Strip 1 Tysons project through the county code or agreements with the utilities would keep the community informed, but the county wouldn’t get any more authority over how and where pipelines are built.
However, if the county opted to require a special exception or make certain locations or zoning districts off limits, determining criteria for which projects would be subject to that additional regulation could be complicated, according to Kamp. Utilities could also pass on any increased costs for their infrastructure repairs or upgrades to residents and customers.
“These types of pipelines…are heavily regulated for safety,” Kamp said. “Not allowing them in certain residential areas but allowing them in others — such as prohibiting them in low-density, single-family areas but allowing them in high-density, multi-family districts — could present an equity issue.”
In Virginia, federal safety standards for pipelines are enforced by the State Corporation Commission (SCC), which conducts inspections, investigates incidents and issues certificates allowing the construction of new facilities, per a county staff memo.
Fairfax County’s zoning ordinance currently exempts natural gas distribution lines from needing to get the Board of Supervisors’ approval if they’re in a street right-of-way, but it prohibits “heavy” utilities in residential districts — a point of contention in the ongoing legal battle over the Strip 1 Tysons project.
In the works since 2012, the Washington Gas project is replacing a 14-inch-wide underground pipeline installed in 1948 with a 24-inch one that will span approximately 5 miles from Tyco Road to a regulator station at the intersection of Pimmit Drive and Route 7 (Leesburg Pike).
Though most of the project is complete, a final segment along a new route under residential streets in Pimmit Hills has been held up after the county’s Board of Zoning Appeals ruled in 2022 that Washington Gas needs a special exception, siding with residents who raised safety concerns.
Last fall, a county circuit court judge backed the utility in its lawsuit against the zoning appeals board and four residents, who have appealed that decision. On Feb. 14, another judge granted the residents’ request to keep the project on hold during the appeals process — if the residents posted a $695,749 bond.
Washington Gas and an attorney for the residents didn’t return a request for comment by press time.
At the May 14 committee meeting, Dranesville District Supervisor Jimmy Bierman, whose district includes Pimmit Hills, argued that requiring a special exception for high-pressure gas pipelines would ensure the county gets a say in how projects like the Strip 1 Tysons get developed, while establishing a clearer process for utility companies.
“Candidly, the system we have right now has led to 10 years of trying to replace this pipeline and now has thrown this into the court system, and as a lawyer, I can say I don’t want it in the court system,” Bierman said. “There’s really no predictability there.”
Other supervisors, however, seemed wary of pursuing a regulatory process that could slow down necessary repairs or upgrades and create legal complications for the county. According to staff, no jurisdiction in Virginia or the D.C. area currently prohibits or requires special exception approval for high-pressure gas distribution lines in or under streets.
“I have major concerns with [the special exception route],” Chairman Jeff McKay said, noting that it’s unclear how many projects would be affected. “…I think that’s something we need to be concerned about, because I don’t think any of us wants to delay that process and cause disruptions for customers.”
Though Springfield District Supervisor Pat Herrity suggested “a notification issue at the SCC” could be addressed through state-level legislation, the board didn’t come to a clear consensus beyond the need for more community outreach from gas companies.
“Perhaps that’s a first step we can look at,” Sully District Supervisor Kathy Smith, who chairs the land use committee, said.
Photo via Kwon Junho on Unsplash
