Corbett: Keep Local Zoning Restrictions In The Impact Fee

February 1, 2012 | 4:32 PM

By Scott Detrow

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A siz­able chunk of the Sen­ate Repub­li­can cau­cus is express­ing con­cern over the pos­si­bil­ity of local zon­ing restric­tions in a final impact fee bill, but Gov­er­nor Cor­bett says restrict­ing munic­i­pal­i­ties’ abil­ity to zone drilling oper­a­tions is “para­mount” to Pennsylvania’s eco­nomic success.

In a let­ter obtained by StateIm­pact Penn­syl­va­nia, Cor­bett urges Sen­ate lead­ers to keep local zon­ing restric­tions in the final bill. He urges them to “bal­ance the high regard we hold for local gov­er­nance in Penn­syl­va­nia with the pre­dictabil­ity and con­sis­tency that any busi­ness needs to grow and thrive, as well as the pri­or­ity we place on the pri­vate prop­erty rights of our citizens.”

“Con­sis­tency” is a term the Mar­cel­lus Shale Coali­tion has repeat­edly used, when mak­ing the argu­ment that dif­fer­ent zon­ing and reg­u­la­tion in dif­fer­ent munic­i­pal­i­ties ham­pers drilling com­pa­nies’ efforts to expand.

Corbett’s let­ter comes six days before the dead­line Sen­ate Pres­i­dent Pro Tem Joe Scar­nati set for a final bill. Scar­nati wants the mat­ter set­tled before Corbett’s bud­get address. He recently said nego­ti­a­tions are near­ing a conclusion.

In the let­ter, Cor­bett points out West Vir­ginia and Ohio have much stronger local con­trols in place, and argues the impact fee – at least, the lan­guage that passed the House and Sen­ate in Decem­ber – “does not embrace total pre­emp­tion.”  He counts “145 oil and gas ordi­nances adopted or pend­ing adop­tion in 115 munic­i­pal­i­ties spread across 17 coun­ties,” and warns the vary­ing reg­u­la­tions hurt Pennsylvania’s com­pet­i­tive edge.

As it cur­rently stands, the impact fee bill would bar munic­i­pal­i­ties from keep­ing drilling rigs out of res­i­den­tial zones, among other restric­tions. You can read a full expla­na­tion of the local restric­tions here.

Here’s the letter: