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Permalink Reply by dbob on March 10, 2013 at 8:52

200' from an occupied dwelling

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Permalink Reply by Francis Mayo on March 10, 2013 at 9:38

Is that recent? I know some who live up in Denton swear it can be closer.

 http://www.dentonrc.com/opinion/editorials-headlines/20110722-a-sec...

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Permalink Reply by adubu on March 10, 2013 at 10:23

Frances---the City Council controls rules within city limits I understand that why I ask about State Rules outside city limits and I was thinking it was 300 feet but dbob his knowledge it's 200 feet in country side out of city limits

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Permalink Reply by dbob on March 10, 2013 at 13:00

Someone else will have to dig it up, as I;m not sure the code is clear on if the 200 ft applies when permitting or when drilling?  If homes come in after wells, there is no specific requirement, other than what might be enacted by a city.  

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Permalink Reply by Francis Mayo on March 11, 2013 at 1:24

Parts of Robson Ranch are outside the city limits. It is a very controversial issue and has yet to be resolved. 

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Permalink Reply by adubu on March 10, 2013 at 9:19

Dbob--thanks any different if house not occupied at time of permitting plat?

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Permalink Reply by adubu on March 15, 2013 at 11:15

Per RRC of Texas Austin Office RRC has NO rules it generally what's the Lease says if out of city limits. The "Standard unwritten  Norm"  that most operators use is 300' if not stated in lease--- I talked to 3 independent Operators all same

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Permalink Reply by Francis Mayo on March 15, 2013 at 14:49

I thought so, I have had people tell me of closer than 100 feet. There are some very angry property owners in Denton

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Permalink Reply by dbob on March 15, 2013 at 15:22

From the RRC website:

1. What is the minimum drilling distance for well locations and bui...The Railroad Commission does not regulate how close a gas or oil well can be drilled to a residential property. However, for a well within city limits, a city may enact ordinances regarding the proximity to dwellings or other structures. In addition, there is a law in the Municipal Code, Section 253.005(c), which provides: "A well may not be drilled in the thickly settled part of the municipality or within 200 feet of a private residence." This rule may be accessed directly athttp://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.253.htm#253.005

Commission Rule, 16 Texas Administrative Code (TAC) §3.76 provides that in counties with a population of more than 400,000 or a population of more than 140,000 adjacent to a county with a population of more than 400,000, a developer of the property may obtain Commission approval of a subdivision plan that limits drilling activity to designated drill sites of at least two acres for every 80 acres in the subdivision. This rule may be accessed directly at http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&ap...

Many mineral leases (which are private business contracts between an operator and a mineral owner) may also include clauses that define how close a well can be drilled to existing structures.

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Permalink Reply by adubu on March 15, 2013 at 16:09

Dbob-- thanks that defines what RRC told me--- within the municipality city council can over rule the 200'. Under rule 16-- 3.76 the operator must have ROW agreement for pad site ( which distant from houses or other structure would i assume agreed on with land owner and operator) based on lease language or otherwise negotiated with ROW when application send to RRC for unit with well location and every thing surveyed for permit. Do I have correct understanding Now? One possible problem what if lease doesn't define how close a well can be drilled to existing or plan structures -- how would issue be settled? Thanks for your time

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Permalink Reply by dbob on March 16, 2013 at 2:49

We probably need to try to get Ben Elmore involved. In cases where a barn was "in the way" I've actually advocated building a new barn for the landowner in a different area, is this is often cheaper than longer pipelines, etc.

If a structure was planned, that generally came down to a few issues - was the landowner nice to the surveyors and surface landman, were reasonable alternatives available, was the landowner willing to be flexible. I've encouraged the use of the 200' minimum in rural areas, because the state law provides some rationale for that distance. Being nice to the landmen and surveyors is probably the most important part.

Keep in mind, an operator looking for sites is going to have to work to avoid a lot of things - pipelines, roads, powerlines, homes, steep slopes, sensitive areas. Sometimes the mineral development has no good alternatives.

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Permalink Reply by adubu on March 16, 2013 at 3:56

Dbob-- thanks for comment yes maybe Ben will add comment--- I am looking at building a home within next couple years on a 100 acre tract that operator will be most likely be drilling well #2 TP Vertical when Nat gas gets to $4+ and stays at that level for few months. The easiest flattest site with road close by for operator to get to is a 10acre level tract where I plan to build. Operator is known to be hard headed by history. I going to stake house off. Just wanted to know what legal issue would I have to mandate them to move site if it gets to that point which I hope does not happen. The units about 460 acres so with 80 a spacing TP they can place 5-6 wells in unit, so at some point they will get close to me. I don't want to discuss this with operator just yet to stir the pot. There are places for him to go but will cost more to prepare site-- road clear timber, level pad site, etc. Thanks

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