Kern County Approves Petroleum Ordinance and EIR

kern_county_sealAfter a day-long hearing, the Kern County Board of Supervisors adopted an ordinance implementing a new land use approval process for oil and gas exploration, extraction, operation and production activities, and also accepted an accompanying environmental impact report.

Environmental groups had opposed the ordinance, and several have told the county that they will go to court to oppose the ordinance.

Still before the Board of Supervisors are permit and mitigation fees, pollution control proposals, and approval of a plan to create a Petroleum Division within the Planning Department. The supervisors are expected to consider these in December.

The Ordinance and EIR go into effect in 30 days. The California Independent Petroleum Association (CIPA) has asked the County to conduct workshops for operators explaining the ordinance.

Included in the ordinance are measures to clarify the relationship between surface and mineral rights owners in situations where there is a split estate, and procedures to follow in cases where a surface owner will not cooperate with the plans of mineral rights owners.

Some owners of agricultural properties had asked the supervisors for the ability to stop minerals owners from using the surface, or to require conditional use permits for wells located on farmland. The supervisors concluded that the requested changes would be unlawful.

The text of the ordinance and EIR are online. Additional information is available from Blair Knox, Director of Regional Affairs for CIPA.

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