As demonstrated by recent court cases, some municipal regulation of the gas industry is possible by virtue of an adopted zoning ordinance. However, as it was also demonstrated by recent court cases, local ordinances cannot attempt to regulate those aspects of the oil and gas industry that are already regulated by the Oil and Gas Act. As this issue continues to evolve, there will likely be many examples for reference. At this time, there are two sample ordinances posted below. More will be posted as they become available.
To view or download a copy of the Pennsylvania State Association of Township Supervisors (PSATS) model ordinance, click the link below:
To view or download a copy of the Westmoreland County model ordinance, click the link below:
Another valuable resource that is available is the Marcellus Shale Resource Area of the ‘Penn State Law’ – Agricultural Law Resource and Reference Center. The Center, according to their website, is designed to provide the highest-quality educational programs, information and materials to those involved or interested in agricultural law and policy. Specifically, the Marcellus Shale Resource Area website hosts a number of municipal ordinances on their website that have been enacted to regulate oil and natural gas drilling. To view the available municipal ordinances that are listed on the aforementioned website, click the link below.