The Denton City Council will meet at 1pm on Tuesday for a Work Session followed by a 6:30pm Regular Session. Go here to see the full agenda with backup for this meeting.
While there are other topics for today’s meeting, the focus will be on proposed amendments to the city’s gas well ordinance - an ordinance that has been re-examined in light of the passage of HB40 and in preparation for the lifting of the city’s moratorium on gas drilling.
HB40 is a game changer for local control of the oil and gas industry. Written by the industry with intentionally gaping loopholes designed to give them the upper hand in legal fights (the “commercially reasonable” clause, for instance), this bill further reduced a local government’s ability to effectively guide orderly development of coexisting drilling operations and new surface projects.
It’s not just HB40 and all its industry-friendly provisions that provides the backdrop for these ordinance revisions, it’s the continued lawsuits – still remaining from the frack ban – that are still live and potentially amendable. I wish the city council enjoyed a more robust autonomy from which to amend our ordinance, but we lacked that authority before the frack ban and we quite explicitly lack it now in this post-HB40 environment.
Those of us who supported our historic attempt at banning fracking in Denton – and I include myself in that camp – must recognize that the city was in a better position to regulate the industry before the frack ban than after. As in all revolutions, Denton’s rebellion against the the stronghold of the Texas oil and gas industry certainly has its consequences, and we (and every other Texas city) are currently experiencing those repercussions. What was perceived by many as an overreaction of the Denton citizens was met with a much stronger overreaction by the oil and gas industry and their well-financed state politicians.
Despite these limitations – HB40, existing lawsuits, and statewide focus – I believe that we are coming to the citizens with an ordinance that is far from the retreat some have made it out to be. Consider this:
- Our setbacks for new wells will remain at 1000 feet in zoning districts where homes, apartments, and other dense residential development occurs.
- We are approaching this ordinance through an innovative delineation of zoning categories, designed to incentive drilling where it is most appropriate: industrially-zoned areas.
- With a new provision aimed at keeping new development within 300 feet of combustible sources on gas well sites, our reverse setback is essentially being increased by 50 feet from the 2013 ordinance.
- Significant new notification provisions are included in this ordinance. Purchasers of properties in proximity to gas well sites will be notified as well as property owners prior to the commencement of new drilling/fracking operations.
- New sign requirements will make sure that drill sites are clearly marked for the benefit of the public.
- Significantly improved noise mitigation procedures that require expert sound engineers to develop a plan for each new drilling and production activity.
- The council is considering more robust standards than were recommended by a unanimous vote from the city’s Planning and Zoning Commission.
In short, we have worked hard to come up with an ordinance that attempts to satisfy the decreased jurisdiction and provisions set forth in HB40 all while protecting our citizens, our environment, and the future development of our city.
Is this everything I want in an ordinance? Not even close. But in light of the post-HB40 realities we face, this is a great start.
As always, please let me know your thoughts and comments by contacting me at kevin.roden@cityofdenton.com or 940-206-5239.