The city of Denton, Tex., has repealed its ban on hydraulic fracturing within city limits, citing a new state law. Denton's ban stemmed from a referendum item on the November 2014 ballot.
The city ordinance was repealed by Denton officials after Texas Gov. Greg Abbott signed a law to prevent municipalities from banning hydraulic fracturing (UOGR May/June 2015, p. 14).
In Oklahoma, cities and counties will be unable to ban fracturing or other oil and gas operations under legislation Oklahoma Gov. Mary Fallin signed. The law was to become effective in 90 days from May 29.
The Oklahoma law allows municipalities or counties to enact regulations concerning road use, traffic, noise, and odors associated with oil and gas operations. It also authorizes fencing requirements around drilling sites and setback requirements for a well from homes and businesses.
Fallin noted the law reaffirmed that the Oklahoma Corporation Commission remains Oklahoma's primary oil and gas regulator. The three commission members are elected by voters.
Denton's strategy
Denton city leaders agreed to abandon the 7-month-old fracing ban in what some called a "strategic repeal."
The City Council voted 6-1 in June to repeal the ban. City Councilmen Greg Johnson called the option the least of three bad choices in two lawsuits against the city.
Council member Keely Briggs opposed the motion in the final vote and volunteered to build a coalition to defeat the new Texas state law as suggested by Tara Linn Hunter, a local activist who campaigned for the ban.
The Texas General Land Office and the Texas Oil and Gas Association had filed lawsuits against Denton's ban. Both the agency and the organization had recently cited the new state law as a basis to overturn the ban and strike down Denton's moratorium on new drilling permits.
Todd Staples, president of the Texas Oil & Gas Association, has said cities still have authority to regulate surface oil and gas activities while regulation of fracturing remains under state jurisdiction.
After repealing its ban, the Denton City Council agreed with a staff recommendation to remand the city's drilling ordinance to the Planning and Zoning Commission for additional work. The city has a moratorium on new permits until Aug. 18 to complete that work.
Denton was the first Texas city to ban fracturing. Ballot measures elsewhere across the country have had mixed results (UOGR, Jan/Feb 2015, p. 20).
