ORDINANCE - Amendment #1 - Moratorium on Oil-Gas Development

Home Browse Search

(22) The Board finds it necessary to provide for additional time to study the impact of oil and gas development and other oil and gas development activities that have been experienced in other states and to determine the adequacy of applicable State and federal regulatory programs in regulating and mitigating such impacts in Lee County's particular natural and man-made environment, and to consider enactment of any appropriate additional best management practices to properly address such impacts; and, (23) In addition to the need to further study oil and gas development, the Board further finds it necessary to provide for additional time to study traditional mining and the impacts, financial, environmental, socio-economic, and other, of both oil and gas development and increased mining on the County's roads and other infrastructure and services and to determine the financial damages that may result to the County, its citizens and residents; and; (24) The County has already initiated the process of revising and updating its land use plan to consider whether, and to what extent the impacts of oil and gas development and increased traditional mining will impact zoning, and the appropriate zones in which such use is appropriate, which process is scheduled for completion in approximately 24 months. Zoning for oil and gas development and mining and developing standards for appropriate County permits should be done in coordination with this land use update to the extent allowed by law; and, (25) The current status of the NC Mining and Energy Commission and the rules it has promulgated are the subject of litigation at the North Carolina Supreme Court (McCrory, et oL v. Berger, et oL 14 CVS 015201 Wake County Superior Court) which may impact standards and permitting practices. The County needs time to generate appropriate standards in the event the outcome of this litigation alters the nature of state regulation. (26) Based on the foregoing, the County Board of Commissioners needs at least two years during which to study the issues surrounding oil and gas development and mining and revise the land use plan so as to ensure that the health, safety, and welfare of lee County citizens and the environment and natural resources of Lee County are protected and preserved. WHEREAS, the Board of Commissioners of Lee County has considered the following actions to address the problems or conditions set forth above and found them to be inadequate: (1) The Board has considered taking no action as it relates to planning and zoning for oil and gas development and mining. However, there are serious questions, for the reasons stated herein, whether the current state and federal regulations are adequate to protect the County's interests and the interests of its citizens, and, therefore, it is not in the best interest of the County to allow oil and gas development activities and increased mining without further study and appropriate local regulation. (2) The county's Unified Development Ordinance does not, by itself, act as an adequate regulatory tool because it would either allow or not allow oil and gas development within designated zones without the necessary information regarding the location of the oil or gas reserves. Furthermore, in zones where it would be allowed as an industrial use, there must be standards specific to oil and gas development because of its highly unusual nature. This is a circumstance for which conditional use zoning may be appropriate to provide circumstance- and location -specific regulations to ensure the public health and the safety of the residents of Lee County are protected.