As some of you are aware, the industry has created legislation to limit the ability of local governments to regulate oil and gas (HO464).  While there are aspects of this that make sense (i.e. the county has neither the expertise or resources to regulate well casing, mechanical integrity testing, etc.), this legislation goes much further.

Local governments would not have the ability to require the gas industry to follow the traditional special use permitting process (a process that has been in place for over 35 years that involves an applicant going before a planning and zoning commission and participating in a public hearing).  Instead, the gas industry would now be subject to an administrative permitting process for all aspects of oil and gas prior to ‘processing.’  So, in essence, this would include siting of well pads and pits, setbacks, etc.  The Idaho Association of Counties claims that this would essentially involve the planning and zoning manager going through a predetermined checklist of conditions (conditions set in the ordinance).  Currently, when an application is brought forward in this process, the planning and zoning commission has the authority to create site-specific conditions.  Under this potential new legislation, all conditions would be pre-determined.  So, the county would have to envision every possible site for a well pad or pit or road use, etc. and write all of these scenarios with their likely conditions into an ordinance.   The county’s ordinance must contain “reasonable” provisions that are not “repugnant to law.”  According to the IAC, it would be up to the courts to define as reasonable. Continue reading →