Atlas Twp.- On Monday night the board of trustees voted 4-0 on a moratorium regarding high volume hydraulic fracking of oil, gas and other hydrocarbons. Trustee Patrick Major was absent.
Key in the moratorium is the Michigan Zoning Enabling Act which limits the township’s ability to regulate operations related to the exploration and extraction of natural resources within the township. Specifically, the act prohibits regulation or control of permits for drilling, completion, operation or abandonment of such wells by the township.
‘Leasing (for gas and oil) comes from the state,? said Shirley Kautman-Jones, township supervisor. ‘There’s nothing really to permit or not permit by the township with regard to fracking. However, we as a township can address the issues created as a result of fracking and the oil industry.?
Fracking, the common term for slick water horizontal fracturing, drills wells up to two miles into the earth, then turns the drill bit horizontally to drill up to several miles. The resulting well is then filled with millions of gallons of fresh water mixed with sand, salts and chemicals. This mixture is then subjected to bursts of intense pressure to loosen rock formations and release natural gas. Some fear possible contamination of groundwater resources and have concerns about disposal of the resulting fracking fluid. The township’s residents depend exclusively on wells for drinking water.
‘We can’t create a moratorium on fracking, but we can place ancillary restrictions through police power such as dust control, noise control and heavy truck traffic,? said David Lattie, township attorney. ‘These issues could impact the township residents as a result of the fracking or gas exploration.?
Rick Misek, township planning director said the township board and attorney will need to craft the regulations.
‘The Michigan Zoning Enabling Act effectually takes that regulatory power out of the hands of counties and townships,? said Misek. ‘The focus will be to regulate the downside of fracking and drilling without impacting the ongoing agricultural business or mining operations that operate day-to-day.?
The issue of local control of oil and gas industry has become a national hot spot with changes looming.
According to news reports in July 2014 the Pennsylvania Supreme Court struck down a state law that required municipalities to permit oil and gas drilling in all zoning districts, including those designated exclusively for residential use. In a 4-2 decision, the court determined that Act 13, which prohibited cities and towns from banning fracking projects within their borders, was unconstitutional.
‘While the townships continue to grapple with the gas and oil companies, the bottom line is we all need the natural resource,? added Misek. ‘The balance will be to minimize the impact on residents and the environment. That’s why the state continues to hold on to the gas and oil permits’it’s a matter of need. It’s a case of ‘NIMBY?’Not In My Back Yard.?
Similarly, in September the Groveland Board of Trustees voted 5-0 joining West Bloomfield Township along with other communities in Michigan supporting more local control over where gas and oil companies can locate drilling sites. The board has encouraged lawmakers to repeal the Michigan Zoning Enabling Act that would give more authority to townships to regulate gas and oil drilling.