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could cause impacts outside the city limits.
<br /> The court found,for example,that upholding 2 3 a 5
<br /> the ban could also encourage other cities to
<br /> ban fracking,"which could ultimately result in z !$ tSlixm es ro c c a$ men
<br /> a de facto statewide ban."However,the court
<br /> recognized the city's"traditional authority to
<br /> exercise its zoning authority over land where
<br /> ail and gas development occurs." _
<br /> Communities in other states are stillIdfq
<br /> enacting,drafting,and considering outright
<br /> bans.As local governments enact regulations
<br /> on fracking or seekto ban fracking or impose
<br /> moratoriums,state legislators are increasingly
<br /> proposing legislation to ban local govern-
<br /> ments from enacting bans or from even regu-
<br /> lating oil and gas development.
<br /> y
<br /> In Florida,a proposed state law prohibit- Nam,mlga' flows from nu"res
<br /> imo wolf �
<br /> Ing local governments from banningfracking
<br /> (a ban on bans)gained traction this year. _
<br /> However,the bill's life ended in the Florida
<br /> a
<br /> Senate Appropriations Committee,which nar-
<br /> __ Po
<br /> rowly voted down Senate Bill 318.The sweep- _
<br /> ing bill had declared that state law preempted
<br /> local regulations related to'the exploration,
<br /> development,production,processing,and
<br /> transportation of oil and gas.Zoning ordinanc-
<br /> es adopted before January 1,2015,would have
<br /> been allowed to stand, son and Thetford 2015).However,the law is so wide variety of impacts on communities in-
<br /> A house version of the bill had passed broad that one is hard-pressed to imagine any cluding impacts on road conditions;impacts
<br /> the state house of representatives in January exceptions whatsoever. from noise,tight,and vibrations;impacts on
<br /> 2oi6.The bill would have had far-reaching im- Bans in Texas faced a similar fate in 2015 property values and housing stock;potential
<br /> pacts across the Sunshine State.In December when the state passed House Bit[40,express- soil,water,and air pollution;and increased
<br /> 2015,it was estimated that 57 counties and ly preempting local governments from ban- costs of providing local government services
<br /> cities in the state had passed resolutions sup- ning fracking and enacting other ordinances and emergency services.To the extent allowed
<br /> porting a ban on fracking(Cordeiro 2015), regulating oil and gas development including under state law,it is common for local ordi-
<br /> Unlike Florida,North Carolina accom- any ordinance that is not"commercially rea- nances to establish a permitting scheme for
<br /> pushed this mission.Senate Bill 119,signed sonable."The law defines"commercially rea- well permits in order to regulate the location
<br /> into law on October 1,2015,prohibits cities sonable"as"a condition that permits a rea- and extent of drilling activities,and they may
<br /> and counties from adopting regulations or sonably prudent operator to fully,effectively, also establish regular inspection and report-
<br /> ordinances on natural gas drilling or fracking, and economically exploit,develop,produce, Ing requirements.An instructive example of
<br /> The law was intended to maintain a uniform process,and transport oil and gas such an ordinance is Arlington,Texas's Ordi-
<br /> system of regulating oil and gas exploration, This was another state legislative re- nances Governing Gas Drilling and Production
<br /> development,and production.It invalidated sponse to a local ban on fracking,this one (Ordinance No.11-o68).
<br /> all provisions of local ordinances,including passed by voters in the city of Denton in 2014. Local governments may also enact regu-
<br /> land-use regulations,that either regulate or Following passage of House Bill 40,Den- lations to specifically target certain impacts,
<br /> "have the effect of regulating"oil and gas ton repealed its ban.The law also bars cities such as to minimize transportation impacts.
<br /> development to a greater extent than state from enacting ordinances that effectively Collier Township,Pennsylvania,for example,
<br /> law.Certain counties had passed,or had been ban oil and gas development or ordinances requires a gas drilling applicant to provide
<br /> considering,a moratorium on fracking or regu- regulating underground activity.Cities can stilt proposed routes of all trucks to be used for
<br /> lations of natural gas development. regulate above-ground impacts from fracking hauling,the trucks'estimated weights,evi-
<br /> Questions remain as to the scope of the including traffic,light,and noise, deuce of compliance with weight limits on its
<br /> law including,for example,whether it applies streets or a bond and an excess maintenance
<br /> to moratoriums.Chatham County Commission SHARPER TOOLS FOR REGULATING IMPACTS agreement to ensure repair of road damage,
<br /> Chair Jim Crawford is not sure if its county's FROM OIL AND GAS DEVELOPMENT and evidence that the intersections on the
<br /> ban is covered by the law,noting that a mora- The exploration,development,processing, proposed routes have sufficient turning radius
<br /> torium is not necessarily a regulation(Nichol- and transportation of oil and gas can have a (§27-i906.34.F,G,H).
<br /> ZONINGPRACTICE 1,i
<br /> AMERICAN PLANNING ASSOCIATIONlpageg
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