Morgantown Creating Zoning Rules for Extractive Industries

The State Journal
13 April 2012
By Pam Kasey

MORGANTOWN - Proposed revisions to Morgantown's Planning and Zoning Code would impose a slate of conditions on oil and gas drilling in the city as part of a new "extractive industry" land use.

The revisions were motivated by the overturn in circuit court last year of the city's horizontal drilling and hydraulic fracturing ban. But they've turned into a small zoning overhaul that clarifies heavy industry, heavy manufacturing and extractive industrial uses.

"It's very broad in what it's trying to accomplish," said Director of Development Services Christopher Fletcher.

Morgantown City Council passed what was widely called a "fracking ban" last June, only to have the Monongalia County Circuit Court rule in August that regulation of oil and gas activity is not the business of the city, but of the state Department of Environmental Protection.

The state updated oil and gas rules in December with its Natural Gas Horizontal Well Control Act; meanwhile, the city turned to a zoning approach.

At the Planning Commission's April 12 monthly meeting, Fletcher reviewed 28 pages of proposed ordinance revisions, much of which would apply to extractive industries — that means any solid or petroleum extraction, Fletcher said, including quarrying, coal, and oil and gas — and is more restrictive than the state's oil and gas legislation.

Fletcher addressed that.

"The Natural Gas Horizontal Well Control Act, we think, is more rural in context and does not recognize some of the urban patterns and how that land use could have an impact," he said.

Under the proposal, a wide range of conditions would be placed on extractive industries.

To begin with, much of the city is ruled out — though zoning can only regulate what happens on the surface, not below the surface.

Sites used for extractive industrial use have to be a minimum of five acres. Setbacks are 625 feet from property boundaries — not from structures — of residential areas and other protected uses such as churches and hospitals. Watercourse setbacks are 100 feet from a 100-year floodplain, 1,000 feet from the 100-year floodplain of the Monongahela River above the Morgantown Lock and Dam and 1,000 feet from the city's public water supply intake.

That leaves the city's six industrial districts, Fletcher said, and the larger airport property that surrounds one of them.

On newly annexed territory, existing mineral leases could be exploited for up to 10 years.

For extractive development, detailed site plans would have to be reviewed by the city. Transportation route plans and possibly transportation protection agreements might be required as well.

Once all is approved, there would be conditions on the site: landscaping, fencing and gating, parking, signage.

And there would be conditions on the operation: security; noise, exhaust and dust control; secondary containment; spill reporting; flaring restrictions, including public notice; waste management and disposal; maintenance, clean-up and restoration.

The proposal is not unusually restrictive, Fletcher said.

"Our research shows that we're in line with what other communities are doing across the country that are experiencing extractive development," he said.

As far as he knows, there is no extractive development taking place within city limits at this time and the city has not been approached about any projects.

The Planning Commission tabled the proposal until its May meeting for minor revisions to wording. If the proposal moves smoothly from that point, it will go to City Council's May 29 Committee of the Whole meeting, to first reading on June 5, and to second reading and vote on July 3.