Approved!!!! Flower Mound New Oil and Gas Ordinance

Earlier this evening, the Flower Mound Town Council voted to accept the new Oil and Gas Ordinance and Pipeline Ordinance. The vote went as follows for all items.

Council Members Filidoro, Lyda, Wise and Hayden voted in favor of accepting and adopting the new ordinances. Council Member Stephenson stated "present". We looked up what it means when a council member states "present" during a vote. We believe it means the same as abstain. Click here.

Here are the items.

9. Public Hearing to consider approval of an ordinance amending Chapter 34 of the Code of Ordinances by repealing existing Article VII, “Oil and Natural Gas Well Drilling and Production Operations,” and adopting a new Article VII, “Oil and Natural Gas Well Drilling and Production Operations.”
Passed 4-1 abstention

10. Public Hearing to consider approval of an ordinance amending Chapter 34 of the Code of Ordinances by repealing existing Article VIII, “Oil and Gas Pipeline Standards,” and adopting a new Article VIII, “Oil and Gas Pipeline Standards,” and adopting a new Article IX, “Vested rights/preemption determination.”
Passed 4-1 abstention

11. LDR 02-10 – Repeal of Zoning Ordinance Regarding Centralized Natural Gas Production Facilities
Public Hearing to consider an amendment to the Land Development Regulations (LDR 02-10) by amending Section 98-2 (Definitions), Section 98-273 (Agricultural District Specific Uses), and Section 98-952 (Use Classifications) to repeal the provisions contained in said sections related to Centralized Natural Gas Compression Facilities, Centralized Natural Gas Lift Facilities, and Centralized Natural Gas Produced Water Storage Facilities; and to consider adopting an ordinance providing for said amendment. (The Planning and Zoning Commission recommended approval by a vote of 7 to 0 at its July 11, 2011, meeting.)
Passed 4-1 abstention

Mandatory vapor recovery was not included in the ordinance. The town felt to "demand" it outright may not hold up in the court of law but put together an emission plan that they feel will accomplish better emission controls.

This ordinance received accolades from many experts and attorneys.

Jim Bradbury, who is an oil and gas attorney in Ft. Worth, who served on the FW drilling task force and who is a steering committee member for Texas OGAP called the ordinance “brilliant, exhaustive work.” He said the pipeline ordinance is “impressive and stout.” He said the task force did “a very thorough and good job.”

Bruce Baizel is the lead attorney for Earthworks’ OGAP. He said, “Overall, this is one of the strongest town ordinances I have reviewed.”

Many thanks to Sharon Wilson and Gary Hogan for showing up and speaking tonight.

Thanks to all the experts that reviewed the ordinance including the Texas Oil and Gas Accountability Project and Earthworks.

Thank you to all the advisory board members, including the industry experts on the board for your valuable input and information.

After close to 4 years of hard work, we are very happy to see stronger regulations in place. We are lucky to have elected officials in place that are willing to protect all residents. Whether you are a non mineral owner, a mineral owner that hasn't signed a lease or a mineral owner that has chosen to lease, the best drilling practices are in place to protect your health, safety and property values.

Click here to watch the video from the Town Council Meeting.