Oil/Gas zoning amendment past first hurdle
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Tom
Oct 9, 2008, 4:45:26 PM10/9/08
to Bridger Canyon Forum
Actually I think it would be fair to say that we're coming down the
home stretch.
Deb Stratford shepherded BCPOA's petition for a Natural Resources CUP
amendment through the planning office and into today's joint Zoning
Commission/County Commission hearing. We and other Canyon residents
testified in support of the amendment. (Background on the amendment is
in the forum at http://groups.google.com/group/bridger-canyon-forum ).
A representative for Canyon landowner Jim Taylor supported the general
idea of resource zoning, but opposed the proposed amendment, citing
concerns including:
- that its purpose is to delay, hinder, and ultimately prevent
resource development,
- that its broad scope, lack of detail and hasty implementation invite
litigation, and
- that resource litigation might threaten the entire regulation.
He suggested, as an alternative, an approach based on "measurable
standards of operation."
In rebuttal, we noted that,
- there is little hope of preventing or desire to prevent resource
development outright, and that in any case the EIS and other
requirements of the natural resource CUP are small hurdles compared to
other exploration and development costs and the potential revenue
stream from producing wells;
- the proposed language has already been implemented in the Bozeman
Pass and Reese Creek districts, and survived the Huber era;
- the zoning regulations contain a provision for separability, such
that overturning a part does not invalidate the whole;
- requirements are in fact quite detailed, and that detail provides a
measure of predictability for prospective resource developers; and
- zoning regulations are a living document, and the BCPOA would be
open to further amendment to improve the regulations, including the
adoption of performance-based standards or other alternative
approaches.
Board discussion focused on whether to adopt the proposed amendment as
is (with a few minor corrections), or to continue the process in order
to provide for County Attorney review (suggested by Deputy Atty Jecyn
Bremer) and to hear further ideas from Taylor and perhaps other
opponents. Commissioner Murdock recommended immediate adoption, with
support from several others. Commissioner Skinner expressed prior
unconditional support, tempered by Taylor's objections. Commissioner
White explored a number of possible alternatives to passing the
amendment, including simply retaining the current status of oil and
gas as a conditional use, not subject to specific application
procedures and requirements. Ultimately, the commission voted
unanimously in favor of approval.
The vote of approval transmits a recommendation to the County
Commission, which will act at its next opportunity (probably October
21 or 22). The commission will not need to reopen public comment at
that point, because today's joint hearing already satisfies the
requirement for a hearing, but will likely do so anyway, in part to
provide further opportunity for opponents to speak, as requested by
Commissioner White. Given today's unanimous vote, it seems reasonable
to hope that approval is almost certain.
home stretch.
Deb Stratford shepherded BCPOA's petition for a Natural Resources CUP
amendment through the planning office and into today's joint Zoning
Commission/County Commission hearing. We and other Canyon residents
testified in support of the amendment. (Background on the amendment is
in the forum at http://groups.google.com/group/bridger-canyon-forum ).
A representative for Canyon landowner Jim Taylor supported the general
idea of resource zoning, but opposed the proposed amendment, citing
concerns including:
- that its purpose is to delay, hinder, and ultimately prevent
resource development,
- that its broad scope, lack of detail and hasty implementation invite
litigation, and
- that resource litigation might threaten the entire regulation.
He suggested, as an alternative, an approach based on "measurable
standards of operation."
In rebuttal, we noted that,
- there is little hope of preventing or desire to prevent resource
development outright, and that in any case the EIS and other
requirements of the natural resource CUP are small hurdles compared to
other exploration and development costs and the potential revenue
stream from producing wells;
- the proposed language has already been implemented in the Bozeman
Pass and Reese Creek districts, and survived the Huber era;
- the zoning regulations contain a provision for separability, such
that overturning a part does not invalidate the whole;
- requirements are in fact quite detailed, and that detail provides a
measure of predictability for prospective resource developers; and
- zoning regulations are a living document, and the BCPOA would be
open to further amendment to improve the regulations, including the
adoption of performance-based standards or other alternative
approaches.
Board discussion focused on whether to adopt the proposed amendment as
is (with a few minor corrections), or to continue the process in order
to provide for County Attorney review (suggested by Deputy Atty Jecyn
Bremer) and to hear further ideas from Taylor and perhaps other
opponents. Commissioner Murdock recommended immediate adoption, with
support from several others. Commissioner Skinner expressed prior
unconditional support, tempered by Taylor's objections. Commissioner
White explored a number of possible alternatives to passing the
amendment, including simply retaining the current status of oil and
gas as a conditional use, not subject to specific application
procedures and requirements. Ultimately, the commission voted
unanimously in favor of approval.
The vote of approval transmits a recommendation to the County
Commission, which will act at its next opportunity (probably October
21 or 22). The commission will not need to reopen public comment at
that point, because today's joint hearing already satisfies the
requirement for a hearing, but will likely do so anyway, in part to
provide further opportunity for opponents to speak, as requested by
Commissioner White. Given today's unanimous vote, it seems reasonable
to hope that approval is almost certain.
Tom
Oct 9, 2008, 6:57:15 PM10/9/08
to Bridger Canyon Forum
Hello again Canyon Residents,
Attached [above] is an email from Tom Fiddaman, Board Member, with a
report on the Zoning Commission meeting today. The short of it is
that our Zoning Ammendment was UNANIMOUSLY approved by the Zoning
Commission!! The final step is to get approval from the County
Commission. See below for details. Many, many thanks to Deb
Stratford and Tom Fiddaman for all their exhaustive, great work on
this.
In related news, a small group of homeowners met this past Tuesday
regarding other "to do" items related to the pending oil and gas lease
sale. Here's a quick recap of that meeting:
There continues to be interest in raising funds to bid on the leases
at the December sale. Dick Clotfleter will head up the efforts to
raise funds to bid on the Jackson Creek section (Sec 16). Jennifer
Reid will head up the efforts for the Saw Mill section. Someone needs
to come forward to head up fund raising for the section off Stone
Creek. If no one does, then that section won't be bid on in the
December sale.
It is now public comment period for the December 9th oil and gas lease
sale. Public comment ends November 3rd. Attached to this email is a
document with talking points people can use to create a personal
letter to the DNRC and the Land Board. Contact information is
included at the end of that document. Please start your letter/email
writing campaign now!
Candace Hamlin has been speaking with the DNRC about the possibility
of a land exchange (or more appropriately, a mineral rights exchange).
This would be a very long term process, and not looking very viable
right now. However she will continue to talk with DNRC.
There is also interest in having homeowners attend the next Land Board
meeting which is October 20, 2008 at 9am in Helena. Details to
follow.
Well testing: Candace reported that the recommendation for homeowners
is to get a Full Domestic Analysis done, the cost is about $100. It
is also recommended that homeowners get a petrochemical test done
(TPH) for about $60. We are working to arrange a time/date when we
can have a public meeting to get information on how to properly
conduct a well test, etc. The goal is to have homeowners test before
December 1, 2008 to get a baseline analysis.
We hope people saw the paid ad in last Sunday's Chronicle (title was
Drill, Baby, Drill?). Many thanks to the Pentecosts, Kent Madin, and
Jennifer Reid for their work on this (and their financial contribution
which made it possible to begin with)
It appears that at least one homeowner in the canyon is moving forward
with leasing private land for oil and gas exploration in the canyon.
Our next meeting is TBD - but will probably be next week, to prepare
for a trip to Helena on Oct 20. FYI, we chose to try to attend the
October meeting as opposed to the Nov 17 Land Board meeting, because
we have been informed that after the Nov 4 General Election, the focus
of the DNRC and others will no longer be on this issue.
Thanks again to everyone for their continued efforts on this matter.
It takes us all the make this happen.
Mary-Martha
Attached [above] is an email from Tom Fiddaman, Board Member, with a
report on the Zoning Commission meeting today. The short of it is
that our Zoning Ammendment was UNANIMOUSLY approved by the Zoning
Commission!! The final step is to get approval from the County
Commission. See below for details. Many, many thanks to Deb
Stratford and Tom Fiddaman for all their exhaustive, great work on
this.
In related news, a small group of homeowners met this past Tuesday
regarding other "to do" items related to the pending oil and gas lease
sale. Here's a quick recap of that meeting:
There continues to be interest in raising funds to bid on the leases
at the December sale. Dick Clotfleter will head up the efforts to
raise funds to bid on the Jackson Creek section (Sec 16). Jennifer
Reid will head up the efforts for the Saw Mill section. Someone needs
to come forward to head up fund raising for the section off Stone
Creek. If no one does, then that section won't be bid on in the
December sale.
It is now public comment period for the December 9th oil and gas lease
sale. Public comment ends November 3rd. Attached to this email is a
document with talking points people can use to create a personal
letter to the DNRC and the Land Board. Contact information is
included at the end of that document. Please start your letter/email
writing campaign now!
Candace Hamlin has been speaking with the DNRC about the possibility
of a land exchange (or more appropriately, a mineral rights exchange).
This would be a very long term process, and not looking very viable
right now. However she will continue to talk with DNRC.
There is also interest in having homeowners attend the next Land Board
meeting which is October 20, 2008 at 9am in Helena. Details to
follow.
Well testing: Candace reported that the recommendation for homeowners
is to get a Full Domestic Analysis done, the cost is about $100. It
is also recommended that homeowners get a petrochemical test done
(TPH) for about $60. We are working to arrange a time/date when we
can have a public meeting to get information on how to properly
conduct a well test, etc. The goal is to have homeowners test before
December 1, 2008 to get a baseline analysis.
We hope people saw the paid ad in last Sunday's Chronicle (title was
Drill, Baby, Drill?). Many thanks to the Pentecosts, Kent Madin, and
Jennifer Reid for their work on this (and their financial contribution
which made it possible to begin with)
It appears that at least one homeowner in the canyon is moving forward
with leasing private land for oil and gas exploration in the canyon.
Our next meeting is TBD - but will probably be next week, to prepare
for a trip to Helena on Oct 20. FYI, we chose to try to attend the
October meeting as opposed to the Nov 17 Land Board meeting, because
we have been informed that after the Nov 4 General Election, the focus
of the DNRC and others will no longer be on this issue.
Thanks again to everyone for their continued efforts on this matter.
It takes us all the make this happen.
Mary-Martha
Tom
Oct 9, 2008, 7:01:00 PM10/9/08
to Bridger Canyon Forum
Bullet Points for letters to the DNRC and Land Board regarding the
upcoming sale of oil and gas leases (address and contact information
at bottom):
The specific tracts in question are:
Township 1S, Range 7E, Section 16
Township 2S, Range 7E, Section 16
Township 1S, Range 7E, Section 36
Be sure to state up front what you are asking the DNRC or Land Board
to do (i.e remove these tracts from the sale, restrict them in some
way). Possible bullet points to include in your letter include the
following. We suggest you choose 4-5 that strike a cord with you and
construct a letter around those. A personal letter is more effective
than dozens of form letters.
Allowing oil and gas exploration within this area would produce
negative impacts on environmental quality and property values that
would be unacceptable.
State policy with regards to oil and gas exploration has not changed
to reflect the reality that exists today, namely the fact that the
value of the surface has approached parity with the value of what is
below the surface.
Past exploration has shown this area to have minimal reserves while
other State lands that have relatively no impact on neighbors, have
proven to be much richer in natural resources.
These lands are some of the last open public areas for hunting in
the vicinity. Development of oil and gas resources will damage
wildlife use of the area, impacting hunting.
These lands are environmentally sensitive.
Development of the infrastructure needed to support mineral
extraction will have a detrimental impact on the entire canyon region
in the form of pipelines, trucks, etc.
This sale could make a paltry contribution to state coffers, while
placing at risk natural resources, environmental services, and
property values that are worth vastly more than the lease revenue, and
creating a very asymmetric distribution of benefits and harm.
It makes no sense to fund Montana schools through policies that
yield a net loss to society or result in disproportionate harm to
neighbors of drilling operations and the environment.
Not only residential real estate value is at stake; tourism, water
and wild lands may also be harmed.
Of the roughly 39,000 wells, only a tiny fraction have been drilled
in alpine environments, and almost none of those are producing.
These parcels lie in or adjacent to the Bridger Canyon Zoning
District, which encompasses residential and agricultural real estate
worth on the order of a billion dollars.
The area is a major center for wildlife and recreation in the
region. Resource development in the area threatens resources which
have been carefully preserved by local efforts since 1971.
Additionally, we encourage people to add in their letters that at a
minimum, a stipulation be added to these tracts that states these
tracts are subject to Bridger Canyon zoning regulations. Currently,
state law says that the DNC, et al must take into account local
zoning, but there is no requirement that local zoning be followed.
Send letters to:
O&G Lease Sale Comments
Department of Natural Resources and Conservation
PO Box 201601
Helena, MT 59620-1601
Governor Brian D. Schweitzer
Office of the Governor
Montana State Capitol Bldg.
P.O. Box 200801
Helena MT 59620-0801
(406) 444-3111, FAX (406) 444-5529
http://governor.mt.gov/contact/commentsform.asp
Linda McCulloch, Superintendent of Public Instruction
The Montana Office of Public Instruction,
Linda McCulloch, Superintendent
P.O. Box 202501
Helena, Montana 59620-2501
In-State Toll-Free 1-888-231-9393, Local (406) 444-3095
http://www.opi.mt.gov/superintendent/index.html
mailto:OPI...@mt.gov
Brad Johnson, Secretary of State
Montana Office of the Secretary of State
P.O. Box 202801
Helena, MT 59620-2801
(406) 444-2034
Fax: (406) 444-3976
E-mail: s...@mt.gov
Attorney General Mike McGrath
Department of Justice
P.O. Box 201401
Helena, MT 59620-1401
Phone: (406) 444-2026
Fax: (406) 444-3549
E-mail: conta...@mt.gov
John Morrison, State Auditor
840 Helena Ave.
Helena, MT 59601
Helena 444-2040
In Montana (800) 332-6148
Main Fax (406) 444-3497
Dave Van Nice, Land Board & IT Manager, DVan...@mt.gov
B.J. Hoven, Executive Assistant to John Morrison, BjH...@mt.gov
Mary Sexton, Director, DNRC
1625 Eleventh Ave.,
Helena, MT 59620
406/444-2074
fax 444-2684
upcoming sale of oil and gas leases (address and contact information
at bottom):
The specific tracts in question are:
Township 1S, Range 7E, Section 16
Township 2S, Range 7E, Section 16
Township 1S, Range 7E, Section 36
Be sure to state up front what you are asking the DNRC or Land Board
to do (i.e remove these tracts from the sale, restrict them in some
way). Possible bullet points to include in your letter include the
following. We suggest you choose 4-5 that strike a cord with you and
construct a letter around those. A personal letter is more effective
than dozens of form letters.
Allowing oil and gas exploration within this area would produce
negative impacts on environmental quality and property values that
would be unacceptable.
State policy with regards to oil and gas exploration has not changed
to reflect the reality that exists today, namely the fact that the
value of the surface has approached parity with the value of what is
below the surface.
Past exploration has shown this area to have minimal reserves while
other State lands that have relatively no impact on neighbors, have
proven to be much richer in natural resources.
These lands are some of the last open public areas for hunting in
the vicinity. Development of oil and gas resources will damage
wildlife use of the area, impacting hunting.
These lands are environmentally sensitive.
Development of the infrastructure needed to support mineral
extraction will have a detrimental impact on the entire canyon region
in the form of pipelines, trucks, etc.
This sale could make a paltry contribution to state coffers, while
placing at risk natural resources, environmental services, and
property values that are worth vastly more than the lease revenue, and
creating a very asymmetric distribution of benefits and harm.
It makes no sense to fund Montana schools through policies that
yield a net loss to society or result in disproportionate harm to
neighbors of drilling operations and the environment.
Not only residential real estate value is at stake; tourism, water
and wild lands may also be harmed.
Of the roughly 39,000 wells, only a tiny fraction have been drilled
in alpine environments, and almost none of those are producing.
These parcels lie in or adjacent to the Bridger Canyon Zoning
District, which encompasses residential and agricultural real estate
worth on the order of a billion dollars.
The area is a major center for wildlife and recreation in the
region. Resource development in the area threatens resources which
have been carefully preserved by local efforts since 1971.
Additionally, we encourage people to add in their letters that at a
minimum, a stipulation be added to these tracts that states these
tracts are subject to Bridger Canyon zoning regulations. Currently,
state law says that the DNC, et al must take into account local
zoning, but there is no requirement that local zoning be followed.
Send letters to:
O&G Lease Sale Comments
Department of Natural Resources and Conservation
PO Box 201601
Helena, MT 59620-1601
Governor Brian D. Schweitzer
Office of the Governor
Montana State Capitol Bldg.
P.O. Box 200801
Helena MT 59620-0801
(406) 444-3111, FAX (406) 444-5529
http://governor.mt.gov/contact/commentsform.asp
Linda McCulloch, Superintendent of Public Instruction
The Montana Office of Public Instruction,
Linda McCulloch, Superintendent
P.O. Box 202501
Helena, Montana 59620-2501
In-State Toll-Free 1-888-231-9393, Local (406) 444-3095
http://www.opi.mt.gov/superintendent/index.html
mailto:OPI...@mt.gov
Brad Johnson, Secretary of State
Montana Office of the Secretary of State
P.O. Box 202801
Helena, MT 59620-2801
(406) 444-2034
Fax: (406) 444-3976
E-mail: s...@mt.gov
Attorney General Mike McGrath
Department of Justice
P.O. Box 201401
Helena, MT 59620-1401
Phone: (406) 444-2026
Fax: (406) 444-3549
E-mail: conta...@mt.gov
John Morrison, State Auditor
840 Helena Ave.
Helena, MT 59601
Helena 444-2040
In Montana (800) 332-6148
Main Fax (406) 444-3497
Dave Van Nice, Land Board & IT Manager, DVan...@mt.gov
B.J. Hoven, Executive Assistant to John Morrison, BjH...@mt.gov
Mary Sexton, Director, DNRC
1625 Eleventh Ave.,
Helena, MT 59620
406/444-2074
fax 444-2684
wfr...@gmail.com
Oct 10, 2008, 11:20:48 AM10/10/08
to Bridger Canyon Forum
To all those that have been putting extraordinary time and energy into
working on these new zoning regulations: Thanks you.
> (406) 444-3111, FAX (406) 444-5529http://governor.mt.gov/contact/commentsform.asp
> B.J. Hoven, Executive Assistant to John Morrison, BjHo...@mt.gov
working on these new zoning regulations: Thanks you.
>
> Linda McCulloch, Superintendent of Public Instruction
> The Montana Office of Public Instruction,
> Linda McCulloch, Superintendent
> P.O. Box 202501
> Helena, Montana 59620-2501
> In-State Toll-Free 1-888-231-9393, Local (406) 444-3095http://www.opi.mt.gov/superintendent/index.html
> mailto:OPIS...@mt.gov
> Linda McCulloch, Superintendent of Public Instruction
> The Montana Office of Public Instruction,
> Linda McCulloch, Superintendent
> P.O. Box 202501
> Helena, Montana 59620-2501
> In-State Toll-Free 1-888-231-9393, Local (406) 444-3095http://www.opi.mt.gov/superintendent/index.html
>
> Brad Johnson, Secretary of State
> Montana Office of the Secretary of State
> P.O. Box 202801
> Helena, MT 59620-2801
> (406) 444-2034
> Fax: (406) 444-3976
> E-mail: s...@mt.gov
>
> Attorney General Mike McGrath
> Department of Justice
> P.O. Box 201401
> Helena, MT 59620-1401
> Phone: (406) 444-2026
> Fax: (406) 444-3549
> E-mail: contact...@mt.gov
> Brad Johnson, Secretary of State
> Montana Office of the Secretary of State
> P.O. Box 202801
> Helena, MT 59620-2801
> (406) 444-2034
> Fax: (406) 444-3976
> E-mail: s...@mt.gov
>
> Attorney General Mike McGrath
> Department of Justice
> P.O. Box 201401
> Helena, MT 59620-1401
> Phone: (406) 444-2026
> Fax: (406) 444-3549
>
> John Morrison, State Auditor
> 840 Helena Ave.
> Helena, MT 59601
> Helena 444-2040
> In Montana (800) 332-6148
> Main Fax (406) 444-3497
> Dave Van Nice, Land Board & IT Manager, DVanN...@mt.gov
> John Morrison, State Auditor
> 840 Helena Ave.
> Helena, MT 59601
> Helena 444-2040
> In Montana (800) 332-6148
> Main Fax (406) 444-3497
> B.J. Hoven, Executive Assistant to John Morrison, BjHo...@mt.gov
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