Gas Drilling: Information for Towns 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  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 driveway permits off town roads. Towns should consider reclassifying their driveway permits to include not only residential but an industrial classification since gas drilling is considered an industrial activity. With this classification, consideration should be given to new fee structures.  5. Establishing a Road Preservation Local Law that requires haulers to establish bonds  CLICK HERE FOR A SAMPLE ROAD PRESERVATION LAW It is the Planning Division'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 Division encourages any towns or villages wishing to exercise any of the above strategies to contact the Association of Towns (518-465-7933).  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. The Planning Division is currently working with the Towns of Delaware, Cochecton, Tusten, Highland, and Lumberland via a multi-jurisdictional task force in developing a comprehensive impact strategy to protect road infrastructure in preparation for gas drilling. This effort is being funded by an Upper Delaware Council (UDC) Grant. If you would like more information about this project, please call the Division of Planning and Environmental Management at 845-807-0527 Click here for a copy of Natural Gas Drilling 101. Click here for a copy of Commissioner Pammer's testimony on Gas Drilling before the NYS Assembly Standing Committee on Envrionmental Conservation on October 15, 2008. Click here for the witness list for the NYS Assembly Standing Committee on Envrionmental Conservation on October 15, 2008. Click here for a copy of Sullivan County's comments on DEC's Draft Scope of the draft Supplemental Generic Environmental Impact Statement (dSGEIS) on Natural Gas Drilling in the Marcellus Shale Basin. |