INFORMATION FOR LOCAL GOVERNMENTS

The Article 23, Title 3 of the Environmental Conservation Law (ECL) delegates all authority to regulate natural gas drilling to the NYS DEC.  The ECL specifies that local governments retain jurisdiction over local roads and their rights under the Real Property Tax Law. 

Towns wishing to exert jurisdiction over local roads in an attempt to mitigate potential impacts have several options under Section 1660 of the Vehicle Traffic Laws. 

Strategies towns may employ include:

1. The Town Board may establishing truck routes for through traffic

CLICK HERE FOR THE LANGUAGE FROM THE VEHICLE TRAFFIC LAWS

2. Posting roads and establishing weight limits

CLICK HERE FOR SAMPLE WEIGHT LIMIT LOCAL LAWS

CLICK HERE FOR DISCUSSION OF TEMPORARY (SPRING) WEIGHT RESTRICTIONS

3. Issuing hauling permits for local roads (this may be a simple as accepting the NYS DOT hauling permit as the local permit)

4. Controlling curb cuts through highway work permits

5. Establishing a Road Preservation Local Law that requires haulers to establish bonds

CLICK HERE FOR A SAMPLE ROAD PRESERVATION LAW

6. Adopt a highway work permit with special permit conditions that apply to seismic testing

CLICK HERE FOR SAMPLE SPECIAL PERMIT CONDITIONS

(CALL THE PLANNING DEPT FOR INFORMATION ON OTHER CONDITIONS THAT MAY BE IMPOSED.

It is the Planning Department’s understanding that NYS DEC routinely requires natural gas companies to notify local governments via certified mail at the time a drilling permit is issued. The drilling permit will contain a condition that the natural gas company comply with all applicable regulations and required permits, however, it is unlikely that the permit will specifically mention a local road preservation law. 

 The Town should notify the drilling company of the local laws pertaining to roads and any requirements the town has, such as truck routes, hauling permits and bonds immediately upon receiving the required notification from the company. In addition, the Town may want to request that NYS DEC include as a specific permit condition that requires drillers to comply with the local road protection regulations. 

The Planning Department encourages any towns or villages wishing to exercise any of the above strategies to contact the Association of Towns (518-465-7933) or the Cornell Local Roads Program (607-255-8033) and the town/village attorney. 

Recent reports from local officials visiting governments in Texas indicate that the most common long-term impact from the exploration and production of natural gas is noise from permanent compressor stations along gas pipelines. Erik Miller, Director of OCCA, indicated in his August 6th presentation that local governments may be able to exert some control over land use issues associated with the development of the natural gas transmission infrastructure.

Southern Tier East Regional Planning Development Board

Observations concerning the role of local government in relation to Natural Gas Exploration and Production in the Marcellus Shale in the Southern Tier East Region of New York State

INFORMATION FOR LANDOWNERS

NYS DEC - Gas Mining in New York

General information about New York State's Oil and Gas resources, regulations and permitting

CLICK HERE - for a list of all regulated wells in Otsego County from the DEC's online database

NYS DEC - What Landowners Need to Know About Oil and Gas Wells

Information about how oil and gas wells can affect a landowner.  Visit this link for the DEC's brochure "Landowners Guide to Oil and Gas Leasing"

Natural Gas Lease Forum for Landowners

"Because Community is Everything"

A Pennsylvania based web site.  The web site's goal is to make it easier for landowners considering natural gas leasing to network together and acquire relevant information about the benefits and pitfalls of leasing land for natural gas and oil.

LOADED with valuable information on understanding natural gas leases and natural gas leasing issues.  See what other lease offers have been made in your area.

Central New York Landowners Coalition

Email Richard Lasky for information on this local group in Norwich, NY whose mission statement is education, negotiation and conservation. Their goal is to help people in the coalition not to make a mistake by signing dangerous and misleading leases.

Cornell Cooperative Extension Gas Exploration and Leasing on Private Land,

Tips and guidance for landowners

Farm Bureau Flyer on Oil and Gas Leases

Basic information on what is in a lease, terminology, and things to consider before signing

Penn State Natural Gas Exploration and Leasing

Penn State's educational web site about natural gas exploration and leasing.  Includes:

Let's Tour a Natural Gas Well Site Pictures of an existing natural gas well site and of a drilling site, during and after drilling.

Susquehanna River Basin Commission

The agency has authority approve the water used for drilling and hydrofracturing wells.  Includes a presentation entitled Gas Well Drilling and Development that explains how drilling and hydrofracturing is done.

Otsego County Conservation Association - Information Sheet on Natural Gas Exploration     Page 1            Page 2 

Cortland County's Planning for Gas Leases Powerpoint

A presentation by Daniel Dineen, Cortland County's Director of Planning

Delaware Riverkeeper - Natural Gas Drilling Factsheet

A summary of potential environmental impacts from drilling and hyrofracturing of wells

Tompkins' County Environmental Management Council

Sample Surface Occupancy Lease

Sample Non-surface Occupancy Lease

Sample leases to guide public awareness and for informational purposes prepared by the EMC and the Tompkins County Attorney.

Local Governments and Community Interest in Natural Gas Exploration

- A webinar hosted by Cornell University Extension

Click for link
What do municipal officials need to know about Marcellus Shale gas leasing and drilling?

(available starting July 16)

Earthworks "Hydraulic Fracturing 101"

Includes discussion of the chemicals used, including the EPA list of hydrofracturing fluids, potential for contamination, disposal, best practices and tips for landowners

EPA's "Study to Evaluate the Impacts to USDWs by Hydraulic Fracturing of Coalbed Methane Reservoirs"

Chapter 4: Hydraulic Fracturing Fluids

The study of coalbed methane (CBM) wells involved interviews with approximately 50 state and local government agency staff members, communications with about 40 citizens who were concerned that CBM production had adversely affected their drinking water wells, and searches for confirmed incidents of drinking water well contamination.

Our Drinking Water At Risk - By the OIl and Gas Accountability Project - A project of Earthworks

A criticism of the above EPA study

US Dept of Energy - Hydraulic Fracturing White Paper