Programming Note: StateImpact On All Things Considered
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Scott Detrow
A programming note: a StateImpact Pennsylvania report on local zoning restrictions within the latest impact fee legislation will air on NPRâs All Things Considered this afternoon. (Weâll post a link once the story goes live on NPR.org.)
Looking for a refresher on how the legislation limits municipalitiesâ ability to regulate drilling? Hereâs our primer on the issue:
The legÂisÂlaÂtion requires municÂiÂpalÂiÂtiesâ ordiÂnances to âproÂvide for the reaÂsonÂable develÂopÂment of minÂerÂals.â Whatâs reaÂsonÂable? By and large, thatâs for the AttorÂney GenÂeral and the ComÂmonÂwealth Court to decide. But the bills both set paraÂmeÂters local govÂernÂments would be required to follow.
MunicÂiÂpalÂiÂties would have to:
- ComÂplete perÂmit reviews within thirty days.
- Allow oil and gas operÂaÂtions and impoundÂment pools in all zones, includÂing residential.
- Allow comÂpresÂsor staÂtions and natÂural gas proÂcessÂing plants in agriÂculÂtural and indusÂtrial zones.
- Keep drilling regÂuÂlaÂtions in line with existÂing conÂstrucÂtion and indusÂtrial zonÂing. That means a townÂship wouldnât be able to set one stanÂdard for noise emitÂted by comÂpresÂsor staÂtions, and another for facÂtoÂries within its borders.
The legÂisÂlaÂtion also sets a mandaÂtory 300-foot buffer zone between well pads and resÂiÂdenÂtial buildÂings. ComÂpresÂsor staÂtions would need to be 750 feet from buildÂings, and could not exceed a sound of 60 deciÂbels at the adjoinÂing propÂerty line.