LEGISLATIVE RESEARCH CENTER
File #: 18-2618    Version: 1
Type: Agenda Item Status: Work Session
File created: 5/1/2018 In control: Planning
On agenda: 5/21/2018 Final action:
Title: Update on the temporary moratorium on oil and gas development activities within Chatham County adopted in August 2015 and extended July 2017 and consider scheduling a public hearing on June 18, 2018 to consider an extension of the temporary moratorium on oil and gas development in the county
Attachments: 1. Attachment_1_Fracking_Moratorium_Ordinance-2015, 2. Attachment_2_Signed_Fracking Moratorium Ordinance Extension, 3. Attachements 1-3

TITLE

Update on the temporary moratorium on oil and gas development activities within Chatham County adopted in August 2015 and extended July 2017 and consider scheduling a public hearing on June 18, 2018 to consider an extension of the temporary moratorium on oil and gas development in the county

 

ABSTRACT

 

Action Requested:

Update on the temporary moratorium on oil and gas development activities within Chatham County adopted in August 2015 and extended July 2017 and consider scheduling a public hearing on June 18, 2018 to consider an extension of the temporary moratorium on oil and gas development in the county

 

Introduction & Background:

In August 2015, the Board of Commissioners adopted an ordinance instituting a temporary moratorium on oil and gas development activities within Chatham County. Section 7 of the moratorium includes two tasks to be completed during the moratorium. In July 2017, the moratorium was extended to July 2018 to provide additional time to complete an oil and gas exploration study and draft amendments to the county’s land use regulations (both ordinances are attached for reference).

 

Discussion & Analysis:

The moratorium expiration was 24 months from the adoption date, which was August 2017 and subsequently extended to July 2018. The two tasks listed under section 7 are as follows:

a)                     Studies: The Board of Commissioners will hire a consultant or consultants with expertise regarding fracking and other oil and gas development activities and their impacts on the natural, man-made, and social environments and its economic benefits and costs. The consultant(s) will be tasked to study Chatham County and to analyze state and federal regulatory programs and to prepare a report for the Board regarding the full range of expected impacts on Chatham County, including financial impacts. The study will include the most current analysis of impacts in localities similar to Chatham County in other states and the effectiveness of local ordinances in managing these impacts. This study and report should be completed within the first year of the moratorium and will include the consultant’s conclusions as to whether additional time is needed for thorough study.

b)                     Development of Conditional Use Ordinance: Upon completion of the study and report. The Board intends to develop a draft conditional use ordinance and/or other ordinances based on the report and the consultant’s advice which will be coordinated with the revisions to the County’s comprehensive zoning ordinance. The draft ordinance will be made for public review and comment and at least one public hearing will be held. Based on public comments the Board will finalize the ordinance and initiate the adoption procedure. Development of the ordinance and final approval is estimated to take one year.

 

On June 13, 2017 the county held a meeting with the consultant who was under contract to address the first task. The attendees included the Board of Commissioners, Climate Change Committee, Environmental Review Advisory Committee, Agriculture Advisory Board, Planning Board, and Board of Health. The purpose of the meeting was to provide an update on the study, outline current findings, and present new information that has been generated since adoption of the moratorium. The meeting also provided an opportunity for county boards and committees, as well as the public, an opportunity to ask questions of the consultant in advance of preparation of the final report. The final report was provided to the Board of Commissioners in October 2017 and a copy is included as an attachment).

Upon receiving the report the Commissioners directed staff to prepare amendments to the applicable land use regulations to supplement provisions for oil and gas exploration. Since Chatham and Lee counties have the potential for oil and gas exploration both jurisdictions are coordinating their efforts to establish supplemental standards. Work began in late 2017 and has been on-going, however additional time is needed to finalize the standards and move through the adoption process.

 

Recommendation:

Consider scheduling a public hearing on June 18, 2018 to consider an extension of the temporary moratorium on oil and gas development in the county