The Dirt on Power Line Construction and Soil Damage

Anyone who farms knows that soil quality is important to crop health and good yields. Without a good layer of fertile topsoil, farmers find themselves fighting an uphill battle. This is especially true when the topsoil layer is more than just disturbed during construction:  such as being compacted by the continual traffic of heavy machinery. When topsoil becomes compacted, it loses its structure: air, water, and nutrients can no longer permeate the soil, and beneficial microorganisms cannot live and move. The roots of the plants, which are already struggling to penetrate the tightly packed soil, are deprived of these essential components. Crops, and those who rely on them for their livelihood, suffer as a result.

People often associate soil damage concerns with pipeline construction. However, constructing an electric transmission line has its own set of dangers - especially when the construction involves installing towers on a property. Towers on high voltage lines can be up to two hundred feet tall. They require a very sturdy base, taking up a wide area around the towers and going up to sixty-five feet beneath the surface of the earth. This construction affects not only the area around towers and directly below lines, but also those areas where trucks, cranes, bulldozers, and drilling machines are driven and stored throughout the construction period. Although Ohio has strong standards for soil restoration when it comes to pipeline projects, the rules around soil restoration after power line construction can be less strict, depending on the landowner’s location.

When a landowner is approached by a power company that wants an easement for a transmission line, the landowner should make it a point to see what the proposed contract says about soil restoration. Lip service is not enough when soil degradation and compaction from construction could affect crop yields for years to come. The power company needs to clearly explain its plan for mitigating damage. This should include observable benchmarks for success and provisions for what happens if the power company cannot or will not meet those standards.

Negotiating terms like this in an easement contract can be difficult, especially when a landowner is working alone. Sitterley, Vandervoort & Nixon Ltd. recommends that landowners who could be affected by the construction of an electrical transmission line join a landowner’s group represented by experienced attorneys. When enough landowners push back against unfavorable contract terms, power companies start to listen. Contact our office to learn more or to schedule a site visit. We would love to meet you at your property to take a look at your land and have a discussion about how we can help with your particular needs.

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