Rural Kansas Municipality Prohibiting Residential Propane Tanks

Location: Kansas - rural City prohibits residential propane tanks, but state law and AG opinion appear to say otherwise. What are my options?

My husband and I are building a new home on approximately two acres at the very edge of city limits in a small Kansas town. We’ve already purchased the home, submitted our building permit in August, and are preparing for delivery.

We’ve run into a significant utility issue. The natural gas provider estimates it will cost approximately $21,200 to extend natural gas service 530 feet to our property.

I recently attended a city council meeting to explain the situation and ask whether a variance could be granted to allow us to install a residential propane tank instead. I also asked whether the council had any alternative suggestions if a variance wasn’t possible.

The mayor immediately shut down the propane request, stating that city ordinance prohibits propane tanks within city limits and that allowing us an exception would mean everyone else would expect one.

The conversation became confrontational, with the mayor repeatedly criticizing us for not having the utilities figured out before purchasing the house and suggesting we expected the city to “move mountains” to accommodate us. I wasn’t given much opportunity to respond, and I ultimately left without any meaningful answers.

To be clear, we aren’t asking the city to pay for our utilities or provide free infrastructure. We’re trying to understand what legal and practical options are available to us.

Afterward, I started researching Kansas law and discovered:

• K.S.A. 66-1288 (Kansas Energy Choice Act): Appears to prohibit municipalities from restricting or effectively preventing customers from using propane or natural gas.
• Kansas Attorney General Opinion 2022-9: Specifically addresses municipal restrictions on propane tanks and concludes that certain location-based prohibitions conflict with state law.

I haven’t yet obtained the city’s actual propane ordinance, so I don’t know its exact wording or whether it contains any exceptions.

My questions:

1. Does the Kansas Energy Choice Act potentially override a municipal ordinance that broadly prohibits residential propane tanks within city limits?
2. Can the city legally deny a variance simply because granting one might set a precedent?
3. Would the AG opinion give us a reasonable basis to challenge enforcement of the ordinance?
4. Should I request a written denial and a copy of the ordinance before taking any further action?
5. Are there any Kansas-specific administrative remedies or agencies that could help resolve this without hiring an attorney or filing a lawsuit?

We’re willing to comply with reasonable safety regulations and proper tank placement requirements.

This is our family’s long-term home, and we’re trying to find a lawful, affordable solution rather than start a fight with our local government.

I’d really appreciate any guidance on the appropriate next steps, particularly from anyone familiar with Kansas municipal law or the Energy Choice Act.

Relevant references:

K.S.A. 66-1288: https://kslegislature.gov/b2025_26/laws/066_000_0000_chapter/066_012_0000_article/066_012_0088_section/066_012_0088_k/

Kansas AG Opinion 2022-9: https://ksag.washburnlaw.edu/opinions/2022/2022-009.pdf