How the shale bill will change the zoning control
Pipeline | February 9, 2012
The Marcellus Shale regulatory and impact fee was in the middle of a bitter debate for years, pitting legislators against one another as they try to pass a comprehensive bill that would provide the state with a stream of revenue.
But to tap the lucrative resource buried beneath Pennsylvania, critics of the bill say that municipalities have to sacrifice the control over the use of their land.
The bill would result in current local regulations being superseded by state control.
Current local ordinances
Local communities may call for site-specific regulations. A drill rig near an elementary school may have to adhere to stricter rules than, say, a drill rig in the middle of no-man's land. They can limit whether drilling can take place in residential areas, require funding for road repair, or set additional fees.
Drilling companies find this inefficient because they have to work around different guidelines -- which can prove cost-inefficient, too. In the past, drilling companies would go head-to-head with townships establishing their own regulations to ban drilling,such as South Fayette, which Range Resources sued last year.
Gov. Tom Corbett's solution to prevent the risk of losing revenue? Stricter guidelines that provide more consistency.
Potential changes from bill overhaul
Mr. Corbett stressed the importance of uniformity throughout the debating in the House and Senate in order to foster the growth of the natural gas industry.
The bill orders that municipalities allow for the reasonable development of Marcellus Shale.
Included guidelines in the bill forces municipalities to abide by the following:
A local government that has enacted its own ordinance will have 120 from the passage of the bill to review and amend the ordinance so it fits the guidelines of the bill.The changes received mixed reviews.
Matt Pitzarella, a spokesman for Range Resources, said the 500 foot limit can pose difficulties. He said that when that's applied to Allegheny County, more than 85 percent of the land is off limits. But overall, he thought the bill was comprehensive.
"The problem was that not all municipalities have zoning or resources to draft ordinances. This ensures all communities have strong regulations."
But Erika Staaf of PennEnvironment opposed the bill because of its restrictions on municipalities.
“If legislators were looking to pass a proposal that will allow more gas drilling near peopleʼs homes, and the parks, playgrounds and schools where our children play and spend their days, then 'Mission Accomplished.'"
The Marcellus Shale regulatory and impact fee was in the middle of a bitter debate for years, pitting legislators against one another as they try to pass a comprehensive bill that would provide the state with a stream of revenue.
But to tap the lucrative resource buried beneath Pennsylvania, critics of the bill say that municipalities have to sacrifice the control over the use of their land.
The bill would result in current local regulations being superseded by state control.
Current local ordinances
Local communities may call for site-specific regulations. A drill rig near an elementary school may have to adhere to stricter rules than, say, a drill rig in the middle of no-man's land. They can limit whether drilling can take place in residential areas, require funding for road repair, or set additional fees.
Drilling companies find this inefficient because they have to work around different guidelines -- which can prove cost-inefficient, too. In the past, drilling companies would go head-to-head with townships establishing their own regulations to ban drilling,such as South Fayette, which Range Resources sued last year.
Gov. Tom Corbett's solution to prevent the risk of losing revenue? Stricter guidelines that provide more consistency.
Potential changes from bill overhaul
Mr. Corbett stressed the importance of uniformity throughout the debating in the House and Senate in order to foster the growth of the natural gas industry.
The bill orders that municipalities allow for the reasonable development of Marcellus Shale.
Included guidelines in the bill forces municipalities to abide by the following:
- Allow for well and pipeline assessments.
- Wells be at least 500 feet away from homes. Municipalities cannot increase setback distances.
- Permit the use of oil and gas operations, other than activities at the impoundment area that contains flowback water, compressor stations and processing plants in zoning districts.
- May not impose condititions on the construction or operation than those imposed on other industrial uses. So municipalities cannot apply limitations to the lighting at a drill rig or hours of operation that is different from other operations.
- Permits must be approved within 30 days.
- Give the Public Utility Commission permission to review local zoning regulations to assess if they are in line with the bill's guidelines, which it will determine in 120 days.
- Should a civil complaint be brought forth because of a dispute over the ordinance, the side that loses the case must pay for the other's attorney fees and costs.
- Should the local government violate guidelines in the bill for ordinances, it will forfeit any generated from the gas well fee until it amends or appeals its ordinance.
A local government that has enacted its own ordinance will have 120 from the passage of the bill to review and amend the ordinance so it fits the guidelines of the bill.The changes received mixed reviews.
Matt Pitzarella, a spokesman for Range Resources, said the 500 foot limit can pose difficulties. He said that when that's applied to Allegheny County, more than 85 percent of the land is off limits. But overall, he thought the bill was comprehensive.
"The problem was that not all municipalities have zoning or resources to draft ordinances. This ensures all communities have strong regulations."
But Erika Staaf of PennEnvironment opposed the bill because of its restrictions on municipalities.
“If legislators were looking to pass a proposal that will allow more gas drilling near peopleʼs homes, and the parks, playgrounds and schools where our children play and spend their days, then 'Mission Accomplished.'"
