GEM COUNTY OIL & GAS OPERATIONS ORDINANCE (for a public hearing before the Board of County Commissioners on May 2, 2016 at 6:30 pm at the Gem County Courthouse) OIL AND GAS OPERATIONS Gem County Code Amendment Title 11 (New Chapter) – NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: SECTION 1. PURPOSE. The purpose of this ordinance is to provide, through zoning provisions, for the reasonable use of land for oil and gas drilling while providing health, safety and general welfare protections for Gem County residents. Idaho State rules mandate the allowance of oil and gas drilling, but allow counties local permitting rights and regulations. Accordingly, it is necessary and appropriate to adopt this ordinance for oil and gas resource development so that these resources can be obtained in a manner that is economically beneficial for all stakeholders and to minimize the adverse impacts on the residents of Gem County. Local governments are preempted from regulating the same features of oil and gas well operations or accomplishing the same purposes regulated under Idaho Statute 47-317. Local zoning regulates surface land use as authorized under the Local Land Use Planning Act (I.C. 67-65). SECTION 2. ADOPTION OF NEW CHAPTER ## TO ZONING ORDINANCE. The Gem County Zoning Ordinance is hereby amended to add the following new Chapter: SECTION 3. DEFINITIONS. For the purposes of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Administrative: A regulatory review and/or action performed by an employee or contractor of Gem County and not deemed a legislative or quasi-judicial action. Applicant: That person, corporation, or other legal entity possessing the legal right to develop the mineral resource or any other use proposed in connection thereof for the
GEM COUNTY OIL & GAS OPERATIONS ORDINANCE (for a public hearing before the Board of County Commissioners on May 2, 2016 at 6:30 pm at the Gem County Courthouse) OIL AND GAS OPERATIONS Gem County Code Amendment – Title 11 (New Chapter) NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: SECTION 1. PURPOSE. The purpose of this ordinance is to provide, through zoning provisions, for the reasonable use of land for oil and gas drilling while providing health, safety and general welfare protections for Gem County residents. Idaho State rules mandate the allowance of oil and gas drilling, but allow counties local permitting rights and regulations. Accordingly, it is necessary and appropriate to adopt this ordinance for oil and gas resource development so that these resources can be obtained in a manner that is economically beneficial for all stakeholders and to minimize the adverse impacts on the residents of Gem County. Local governments are preempted from regulating the same features of oil and gas well operations or accomplishing the same purposes regulated under Idaho Statute 47-317. Local zoning regulates surface land use as authorized under the Local Land Use Planning Act (I.C. 67-65). SECTION 2. ADOPTION OF NEW CHAPTER ## TO ZONING ORDINANCE. The Gem County Zoning Ordinance is hereby amended to add the following new Chapter: SECTION 3. DEFINITIONS. For the purposes of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Administrative: A regulatory review and/or action performed by an employee or contractor of Gem County and not deemed a legislative or quasi-judicial action. Applicant: That person, corporation, or other legal entity possessing the legal right to develop the mineral resource or any other use proposed in connection thereof for the
ZC_%20Recommendation_Oil_Gas_Ordinance.docx