Wednesday, October 7, 2015

North Carolina Governor Signs a Law Prohibiting Local Fracking Bans

On October 1, 2015, Governor Pat McCrory signed into law Senate Bill 119 rendering invalid local ordinances that ban natural gas drilling operations involving use of horizontal drilling and/or hydraulic fracturing. SB 119 is entitled “An Act to make technical corrections to the general statutes and session laws, as recommended by the general statutes commission, and to make additional technical and other amendments to the statutes and session laws.”

Section 56.2(a) of SB 119 stipulates that “all provisions of local ordinances, including those regulating land use, adopted by counties, municipalities, or other local authorities . . . are invalidated and unenforceable, to the extent [that they] place any restriction or condition not placed by this Article upon oil and gas exploration, development, and production activities and use of horizontal drilling or hydraulic fracturing for that purpose within any county, city, or other political subdivision.”

This legislation was enacted two days after the Stokes County Board of Commissioners approved a three-year moratorium on oil and gas activities using hydraulic fracturing.

This is an update of an original post dated from September 29, 2015.

Written by Chloe Marie - Research Fellow

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