Agenda - Planning Commission - 07/09/2015

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June 10, 2015 1 Volume 9 1 Issue 11 Zoning Bulletin add weddings to the list of nonagricultural uses allowed at farms and vineyards. As well, under the proposed changes, "all the nonagricultural uses would have blanket protection and no longer be regulated by local zoning ordinances or public nuisance laws." Source: The Jamestown Press; www.jamestownpress.com TEXAS The State House of Representatives have passed House Bill 2595, which would bar local governments from putting measures on their bal- lots that would "restrict the right of any person to use or access the person's private property" for economic gain. The legislation is report- edly in response to the City of Denton's ban on hydraulic fracking. Source: Texas Tribune; www.texastribune.org Both the State House and Senate have passed House Bill 40, "land- mark legislation that would preempt local control over a variety of oil and gas activities." The bill needs the Governor's signature before it becomes law. Source: Texas Tribune; www.texastribune.org VIRGINIA In early May, Virginia Attorney General Mark Herring released an opinion "confirming a locality's ability to use its land use and zoning authority to prohibit shale gas development, also known as fracking. The opinion also confirms that, in the absence of a prohibition on fink- ing, a locality can enact ordinances that restrict drilling activity to protect the health, safety and welfare of residents." The opinion of the attorney general "says that localities can prohibit fracking through zoning ordi- nances or restrict fracking through reasonable zoning ordinances that do not conflict with state statutes or regulations, As examples, the opinion confirms that restrictions on the location and siting of oil and gas wells are allowed." Source: Augusta Free Press; http://augustafreepress.com 12 © 2015 Thomson Reuters