Don't Get Fracked!

Drilling for oil and natural gas is growing across the United States. The use of hydraulic fracturing has opened up resources in many parts of the country where drilling was not previously occurring. Although drilling can create jobs and income, many fear the effects of drilling on their health, land and quality of life. Current laws need to be changed to catch up with the drilling explosion.

In the meantime, you can act now to protect yourself and your family. These pages provide tools to learn about

• The drilling planned for your community
• The harm drilling can cause
• Steps you can take to limit the dangers to yourself and your family
• Resources in each state in which drilling is happening or is likely to occur.

Report a Spill or Other Problem

If you are concerned about a spill, possible environmental illegal activity, or other environmental problem in your community, please report it to all relevant authorities. You can report anonymously. Only with these reports can agencies fully understand what is happening in the industry.

• Report to the U.S. EPA
  Eyes on Drilling Tip Line (takes reports from anywhere in the country):
  http://www.epa.gov/region3/marcellus_shale/tipline.html
• EPA regions (contacts at this site):
  http://www.epa.gov/epahome/violations.htm
• Report spills to the National Response Center
  http://www.nrc.uscg.mil/nrchp.html
• Report to your state environmental and oil and gas agencies
  State agencies that regulate oil and gas activities are available in the state resources section of this website.

Role of Natural Gas in America's Energy Future

NRDC is working to ensure that, as a nation, our top priorities are energy efficiency and renewable energy. But let's be honest -- while natural gas is a dirty fossil fuel, we can't just turn it off tomorrow. That's why we have to do better.

Americans should not have to trade their safe drinking water for natural gas. We can and must get safeguards on the books to protect against the impacts of fracking-gone-wrong that we are watching unfold across the country. By addressing the impacts of drilling, we can help protect Americans' health and communities while we transition to cleaner energy sources that will power our nation into the future.

Can oil and gas operations affect the health of my family?

Oil and gas production can release toxic substances into the environment. Such toxics include benzene, phenanthrene, lead, arsenic, barium, antimony, fluoride, and uranium. Some of these toxics come from the oil and gas itself. Other toxics come from the chemicals oil and gas companies inject into the ground during the drilling process. Health threats can emanate from wellpads, pipelines, compressor stations, or waste disposal sites.

Scientific research has begun to document health risks associated with living near oil or gas operations. You can find out more information about these potential harms by visiting the following websites:

• The University of Colorado School of Public Health completed a health impact assessment for a community in western Colorado.
• The Endocrine Disruption Exchange (TEDX) has compiled a spreadsheet of chemicals used in natural gas drilling operations and their health effects. TEDX has also completed a literature search addressing the potential health effects of these chemicals.
• The Center for Disease Control and Prevention has collected studies of the health effects of oil spills.

Other information on health effects from oil and gas drilling can be found at:

• U.S. Environmental Protection Agency (EPA) Information on Health Effects of Pollutants from Oil and Gas Production Facilities and the EPA's Background on How Oil and Gas Drilling Works and the Waste Generated
• University of Pittsburgh Graduate School of Public Health:
  • 2010 Conference on Health Effects of Shale Gas Extraction (video of presentations available).
  • 2011 Conference on Health Effects of Shale Gas Extraction(video of presentations available)

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How can I protect my family from nearby oil and gas operations?

Keep records of all industrial activity starting with the very first time you hear about anything, such as a truck coming down your road. Also document any health symptoms and any associated changes in your environment, such as odors in the air, changes in the appearance of your drinking water, or if physical symptoms occur at certain times (such as while showering). Discuss any symptoms and concerns with a medical professional. You may also want to talk to neighbors and ask if they share your concerns, or contact a local community organization. You can also contact your local and state health departments and file complaints with the oil and gas regulators in your state. For more information, visit the links below:

• Pediatric Environmental Health Specialty Units
• Association of Occupational and Environmental Clinics
• Agency for Toxic Substances & Disease Registry

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How can I find out if there is drilling scheduled or currently happening in my area?

Find the websites for the agencies that regulate oil and gas operations -- it varies from state-to-state and can be controlled either by a separate oil and gas commission, an environmental protection/quality agency, a department of natural resources, or a combination of these.

Many states have resources online to help you find out more about drilling in your area. The Colorado Oil and Gas Conservation Commission, for example, provides a searchable database that identifies the exact location of active wells by county; the West Virginia Department of Environmental Protection provides a similar database. In other states, you may need to call or email the state agency that regulates oil and gas operations. Check the section of this website on state resources to learn what agency regulates oil and gas activities in your state. The website Fractracker.org may also be helpful in determining whether there is drilling or fracking in your area.

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How do I find out what the rules are for drilling in my area?

State agency websites generally list local drilling rules; sometimes local governments (such as the county) will add additional restrictions.

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What opportunities do I have to participate in decisions to approve drilling in my area?

Companies (operators) have to get drilling permits from the state before they start drilling and some states provide notice of pending permits before they are approved. In Colorado, for example, the Colorado Oil and Gas Conservation Commission website has a permits section that allows you to search all pending applications by county and then access the permit being considered.

Some states provide a comment period for the public before the permit can be approved. (In Colorado, for example, the permit application must be posted for comment at least 20 days prior to approval.) In certain states the requirement of notice and the opportunity to comment is limited to property owners whose surface land will be disturbed. In West Virginia, for example, anyone applying for a drilling permit must provide a copy of the application (by certified mail with return receipt) to property owners whose land will be affected. This includes land where the well will be located plus any land used to get to the well site. The notice must be provided no later than the date of filing the application for a permit to drill; the property owners then have 15 days to comment on the drilling. The state cannot lawfully issue a permit unless the company has certified that the required notice has been provided. In states where there is no notice required for proposed drilling, call the agency responsible in your state to find out what drilling permits are pending and then submit comments in writing for consideration.

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What can I do if an oil and gas company fails to comply with the conditions in their drilling permit?

Many states have a hotline to report permit violations and spills, and some keep a database of violations. In West Virginia, for example, you can search a violation database by county or by operator. Contact the state agency to make sure the required corrective action has in fact been taken. If it has not, your persistence can ensure that the state agency follows up with the company to make sure action is taken.

If you are concerned about something you see related to drilling, you can also contact a state agency's inspectors. The state agency website usually provides a list of contacts.

The U.S. Environmental Protection Agency also has also created a hotline, "Eyes on Drilling," to report suspicious activities related to oil and gas development. Call 1-877-919-4EPA or email eyesondrilling@epa.gov to report questionable activity.

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What if I don't want drilling in my neighborhood? Can I keep it out?

Organized opposition can affect the decisions made by the state agency that approves drilling permits. Some local governments, for example, have prohibited drilling in areas that provide municipal drinking water supplies. Click to read about these examples of local drilling bans:

• Morgantown, WV
• Pittsburgh, PA
• Ithaca, NY
• Detroit, MI

In many states, drilling is occurring even when a property owner does not want it on his or her land. A property owner who does not own the mineral rights under the land may not be able to block the drilling -- this situation is called a "split estate." The law in most states encourages companies to obtain the surface owner's consent, but generally such consent is not required.

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How much can I get paid if someone wants to drill on my land?

Find out whether you own the oil and gas under your land or not by checking your deed, title or county land records to determine ownership rights. If you do not own the mineral rights to your land, you will not be compensated for the oil and gas produced. You may, however, be able to negotiate payment for access rights to your property (for example, for letting a drilling pad, pipeline and/or road go across on your land). Many states also give landowners the legal right to be compensated if their property is damaged from drilling. See the State Resources section for links to laws on compensation for damages in each state.

If you own both the surface and the mineral rights, you should be able to negotiate the terms of any lease with a company that wants access. The website Landman Report Card may provide helpful information about the process and other landowners' past experiences with oil and gas companies and their representatives. If you decide to lease, seek the advice of an experienced legal professional who can help you negotiate the strongest lease terms, including: (1) compensation for any oil or gas recovered from the property (i.e., the royalty rate); (2) a signing bonus; (3) the terms of operation on the property; and (4) measures to protect against, and provide compensation for, water contamination or other adverse effects of operations on or near the property.

"Forced pooling" or "compulsory integration" refers to a situation in which you can be compelled to accept compensation for extracting oil or gas from the property, against your will even if you own the mineral rights below your land. This can happen when adjacent owners want to drill on their land and the oil or gas under their land is part of the same reservoir extending under your land. The rate of compensation to the landowner is determined by state laws. In general, once an operator has satisfied the requirements of the state's pooling law (has voluntary leases for a certain amount of the drilling area), then you can be compelled into the pooling unit and will receive an established royalty rate.

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What can I do if an oil and gas company is not complying with the terms of the lease?

A mineral lease is a private contractual agreement between a landowner and a company. If you think the terms of your lease are being violated, contact an experienced attorney familiar with the drilling laws in your state. State regulators generally do not get involved in enforcing lease terms, although some state attorneys general (for example, in New York) or other officials may investigate and put a stop to predatory or unfair leasing practices. Disputed lease matters or other related claims, such as for property damage or contamination, are usually heard in state courts as civil matters.

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Can leasing or drilling on or near my property affect my mortgage, homeowners insurance, or title insurance?

Yes. Potential homebuyers have been denied mortgages for properties with natural gas leases, and some banks are denying mortgage applications if the lease is on a nearby property. The Federal Housing Administration will not insure mortgages when a home is less than 300 feet from the boundary of a wellpad. Regarding title insurance, most New York State title insurance policies do not cover properties where there is commercial activity. This may be the same in other states. When it comes to homeowners insurance, there are many risks that may not be covered under an insurance policy for homeowners or farms, such as water damage and pollution. An insurance company can cancel a policy if there is an increase in risk after the policy was issued.

For more information: Rush to Drill for Natural Gas Creates Conflicts With Mortgages (New York Times)

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What if the federal government manages the oil and gas under or adjacent to my land?

The federal government manages nearly 700 million acres of minerals, including oil and gas. The Bureau of Land Management (BLM) is the agency responsible for this management. Some of these minerals--less than half--lie beneath federal lands including lands managed by the BLM, U.S. Forest Service, U.S. Fish and Wildlife Service, and U.S. Army Corps of Engineers. But the majority of federally-controlled mineral resources lie beneath state and private lands.

If the federal government manages the oil and gas located underneath or adjacent to your land, it may be leased without your permission. The BLM is in charge of this leasing. However, it is important to note that the resources belong to the American people, and as a public resource, all Americans have a right to provide input on how they are managed. If you would like to monitor actions near your property, you can contact your local BLM field office and ask to be notified of all activities related to oil and gas resources near or beneath your property, including:

• BLM revisions of a "Resource Management Plan" (RMP) that involves minerals under or near your land, or
• Proposals to lease the right to extract oil, gas, or other minerals from under or nearby your land.

You should also contact an experienced attorney for legal advice at any point to learn more about your rights or if you believe your rights may be compromised or affected. Here are the stages of decision making that can lead to leasing and extraction of federal minerals, along with links to BLM materials explaining the rights of surface owners:

The Planning Stage:

BLM periodically updates the "Resource Management Plan" (RMP) for a specific area. The RMP is like a blueprint, and governs what areas are available for lease, and what requirements may apply to someone interested in drilling for oil and gas in an area. BLM is required to allow for public input when RMPs are developed or altered, and any member of the public, including landowners who may be affected by a plan, can submit comments on an RMP to ensure that the agency is aware of their concerns and any special considerations regarding their land.

The Leasing Stage:

If you learn of a proposal to lease the minerals beneath or near your land, you should immediately consult the lease sale notice (which can be found on the website of BLM's state office that covers your area). The lease sale notice will provide information on the parcels being leased and requirements for drilling on each parcel as well as how to protest the issuance of one or more leases. Be sure to check the deadline for filing a protest. A protest must contain reasons that the lease should be withheld, or BLM will not consider it. If you plan to file a protest, you should consider contacting an attorney or a local organization with experience submitting lease protests.

The Permitting Stage:

After a lease is issued, a company must obtain a permit before commencing to drill. If the proposed drilling is on your land, the operator must notify you before entering onto your land. You have a right to give input concerning an Application for Permit to Drill (APD) on your land and to participate in the site inspection process. The operator must make a good faith effort to negotiate an agreement with you concerning the extent and location of their use of your land. For more information on the rights and responsibilities of BLM, oil and gas operators, and private landowners, consult this BLM factsheet. The operator must also post bonds to ensure that you are compensated for damage to your property. You have the right to object if you believe a bond is insufficient.

Production and Reclamation:

During drilling or production, immediately report any concerns to BLM. BLM should respond promptly by investigating your concerns and should enforce the requirements of the lease or surface agreement, where appropriate. After production has ceased, the oil and gas operator must restore your property to its original condition. You have the right to recommend additional reclamation if the operator does not restore your property satisfactorily. You may also have the right to monetary compensation if any damage occurs to your property or if reclamation is not satisfactorily completed. For more information on the rights and responsibilities of BLM, oil and gas operators, and private landowners, consult this BLM factsheet.

For more information on BLM's management of federal minerals underlying private lands, go here.

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What are the rules governing siting, construction and maintenance of natural gas pipelines?

The Federal Energy Regulatory Commission (FERC) issues permits for and regulates the construction of pipelines, as well as associated facilities, and the Pipeline and Hazardous Material Safety Administration (PHMSA), part of the U.S. Department of Transportation, regulates their functioning. These agencies cover "transmission lines" that transport natural gas to natural gas distribution companies. When a company announces a plan for building a transmission line, FERC will study the possible environmental and public health risks of the pipeline. During this period, which usually takes one to two years, you can voice concerns by commenting on the environmental analysis, speaking at public hearings, or writing a letter to the secretary of the commission.

You can request information about a project by calling the Commission's Public Reference Room at 202-502-8371, and documents on the environmental analysis by calling the Office of External Affairs at 1-866-208-3372, or by accessing their website. Before beginning construction, companies will negotiate with landowners for the right to use the land for burying the pipeline, but if no agreement is reached, a company can ask the courts to use eminent domain to force an easement.

If you are concerned about a pipeline project, you can become an intervener, which will give you specific rights like the right to appeal a siting decision. You can also register to receive updates and documents about a particular pipeline through the eRegistration and eSubscription programs found at www.ferc.gov. FERC published a citizen's guide with further details here.

Gathering lines, which transport gas from wellpads to the larger pipeline system, are completely unregulated in a rural area (defined as ten or fewer homes within a quarter-mile of the pipeline in each mile-long segment). Gathering lines in other areas are subject to regulations, but they are much weaker than those for transmission lines.

State agencies may also inspect pipelines, and you can check out individual state programs with a map by the Pipeline Safety Trust. You can contact your state agency if you are concerned about a pipe.

The federal government has established a program to ensure people avoid damaging pipelines by digging into them. Call 811 before digging to check with a local operator whether there is a pipeline under the site.

If you suspect that a pipe is leaking leave the area and call 911. Do not use your cell phone near the leak as even phone use can spark an explosion. Warn others and, if you have the number handy, call the gas company in charge of the pipe.

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Informational resources on citizen rights

Note: some resources may contain information that is not applicable to all states.

• West Virginia Surface Owners' Guide To Oil and Gas
• Earthworks: Landowner's Guide to Oil and Gas Development
• Harvard Law School: An Ohio Landowner's Guide to Hydraulic Fracturing
• Forced Pooling: When Landowners Can't Say No to Drilling (ProPublica)
• State Laws Can Compel Landowners to Accept Gas and Oil Drilling (ProPublica)

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Water

What can I do to keep my drinking water clean?

If possible, have your water tested before any work begins (not just before hydraulic fracturing occurs) to establish a baseline chemical make-up for the water. However, it is also important that the baseline test is not out of date. Try to have the testing done only a short time before development begins. If you later suspect that your water has been contaminated, the baseline test will help determine the source of contamination. Testing should include:

• Standard water quality and geochemistry
• Stable isotopes
• Dissolved gases
• Hydrocarbon concentration and composition
• Chemicals used in hydraulic fracturing or drilling
• Radioactive materials

The State University of Pennsylvania provides some resources that may be helpful in reading your water test results, including an interpretation tool and a short factsheet on how to interpret the report, here. Oil and gas companies may offer to test water at their expense and make the results available. Any testing by you or the company should be done by an independent lab that is certified by the EPA or your state. (Click here for information on certification.) If you cannot afford to have your water tested, you may be able to get help from the not-for-profit organization Shale Test.

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How can I find out if oil and gas companies are putting chemicals into my water?

Unfortunately, in most locations, oil and gas companies generally do not have to disclose the chemicals they use. In states where they do have to provide this information to regulators, companies may ask that it be kept confidential. If the information has not been granted protection by the state, it may be available on the Internet. See our list of Resources by State for links.

There is also a new website, FracFocus, that contains voluntary disclosure of chemicals used in fracking. Since companies are not required to disclose the chemicals they use, however, the data on this site may be incomplete.

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Where can I find out about water contamination in my area?

Depending on your location, your state or the EPA may provide a public record of violations that impact groundwater or surface water, like spills and leaks. Contact your state agency that handles environmental quality issues or your regional EPA office.

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Where can I find out about how oil and gas companies are using water in my area?

Water regulations vary by state. Permits are required to withdraw water in some states (in certain circumstances), but not in others. The party that issues these permits varies by location, and in some cases, multiple permits from various parties may be required. In Pennsylvania, for example, depending on location and planned volumes, oil and gas operators may be required to report their water use (but do not have to obtain a permit) to the Pennsylvania Department of Environmental Protection and obtain a permit from the Delaware or Susquehanna River Basin Commission. In Colorado, permits are issued by one of seven state water courts. Click here for a full list of state water withdrawal regulations, and the parties responsible for issuing permits.

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Air

What can I do to keep the air that I breathe clean?

As with your drinking water, you can have your air tested before any oil or gas operations begin to establish a baseline air quality assessment.

Your area is also protected by the Clean Air Act, a national law enacted to reduce harmful air pollution. The EPA sets nationwide limits on air pollutants to protect basic health and environmental concerns. Individual states, tribes, or local governments enforce the provisions of the Act and can establish additional protections. The EPA must approve state, tribal, and local agency plans for reducing air pollution, and can intervene if a state is not fully enforcing the law. For more information, see the EPA's Plain English Guide to the Clean Air Act.

Pollutants that are regulated under the Clean Air Act include particulate matter, ground-level ozone, carbon monoxide, sulfur oxides, nitrogen oxides, lead, and almost 200 other toxic air pollutants. Pollutants associated with oil and gas production operations generally include particulate matter, ozone, and toxic air pollutants, all of which are known to cause or are suspected of causing cancer, birth defects, reproductive problems, difficulty breathing, other serious illnesses, and even death. To keep your air clean, you can:

• Obtain a baseline test of the air.
• Establish an ongoing monitoring and sampling program.
• Keep records of air pollution events and ask your neighbors to do the same. Click here for a form to record air events.
• File reports and complaints with the authorities if you believe there has been an air pollution incident.
• Call on the authorities to fully enforce the laws in your area.
• Advocate for new protections if the laws in your area are not strong enough.
• Work with companies to encourage them to use the best available air pollution control technology.
• Consider legal action if you, your family or community is being harmed.

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How can I find out if oil and gas companies are releasing pollutants into the air?

Contact your state and local environmental agencies to see if they are monitoring or sampling the air for pollutants being emitted in your community.

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How can I test my air to see if it is contaminated?

Ask the authorities (federal, tribal, state, or county) to sample or monitor the air. Link up with neighbors and other community members to share information. There are also local community organizations working to protect their air and water from harmful oil and gas pollution. Some communities unite to form "bucket brigades" to conduct their own air sampling program. Click here to learn more.

In some cases, individual citizens have hired local environmental consultants or have conducted their own air sampling by using environmental laboratories.

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Can I get the oil and gas company to pay to test my air?

You can ask the oil and gas company to pay for air testing and select a local company to do the testing.

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Land

How close to my home or my child's school can an operator drill?

Oil and gas companies must keep a certain distance ("setbacks") from homes, schools, churches, and similar structures. The amount of space required is generally established by individual states; landowners should consult their states' laws and regulations to determine what setbacks apply. Landowners who are negotiating the terms of a lease or surface use agreement should consider including longer minimum setbacks from homes, water wells, and other important structures, for drilling or other operations.

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Does an oil and gas company have to sign an agreement with me to use my land for drilling?

Consult this guide's section on Your Rights. The landowner's rights, including the question whether a company must sign a lease before commencing drilling, are governed by the individual laws of the state in which the landowner resides.

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Can I be compensated if a company damages my property?

In general, issues relating to property damage and are governed under state law and heard in state courts. Carefully document any damage or contamination and consult a local legal expert. Also be sure to report property damage or contamination to your state regulatory agency. Regulators may pursue actions against companies that can include a requirement to clean up any contamination or replace water sources if drinking water is contaminated.

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How can I find out about spills in my area and what is being done to clean them up?

Some states have online registries of spills, accidents, and other drilling-related incidents, but these databases only contain what is reported. If your state does not maintain such a registry, you may be able to get this information by calling or writing to your state regulator. (The state may require that you file a formal freedom of information request for this information.) Local environmental or activist groups may have this information. See the links below for more information.

• FracTracker is collecting data on spills and accidents within the Marcellus Shale region and hopes to expand nationally.
• WellWatch, a tool developed by the Massachusetts Institute of Technology
• National Response Center, a federal point site to report hazardous substances and oil spills

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What are the rules on traffic associated with oil and gas activities?

Traffic laws and enforcement will vary from location to location. Local governments may choose to restrict or limit access of heavy vehicles to certain roads. Encourage your local officials to incorporate traffic-related impacts from drilling into land-use and road-use plans and ordinances. These impacts can include:

• Establishing designated truck routes
• Requiring that any damage to infrastructure (roads, culverts, bridges, etc) will be covered by the company
• Comprehensive and ongoing strategies to limit truck traffic

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What happens to the drilling muds and other wastes that oil and gas companies produce when drilling a well?

Oil and gas production operations generate a large amount of waste, including used drilling fluids, drill cuttings, produced water, used hydraulic fracturing fluids (also known as "flowback"), rigwash, workover wastes, tank bottom sludges, dehydration wastes, hydrocarbon-bearing soil, and many other waste products. The waste often contains toxic substances that endanger both human health and the environment, including benzene, lead, arsenic, barium, antimony, and radioactive materials. For more information about wastewater generated by fracking and how it is managed, see the NRDC issue brief In Fracking's Wake.

Waste may be disposed of in different ways, including dumped into open air pits, injected underground into waste disposal wells, spread onto the land or roads, or sprayed into the air, depending on state or local laws.

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How can I find out what is in the waste matter?

Currently, oil and gas waste is exempt from hazardous waste rules, regardless of how toxic it is. State laws governing the disposal of solid waste apply to oil and gas drilling activities. You can and should ask your state agency for information about where drilling waste is being disposed and what is in the waste. If such information is not available, demand that your state establish a program that identifies the contents of oil and gas wastes.

You can also write to the EPA asking the agency to apply hazardous waste rules to the oil and gas industry. Click here to read NRDC's petition for an end to the oil and gas waste exemption, which provides more information on the problem and why the exemption should be ended. If waste is disposed of on your or public property, you may want to hire an environmental testing company to take samples. Do not take samples yourself as you may be exposed to dangerous chemicals.

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Where can I find out waste disposal practices to recommend?

The EPA and 12 representatives from the Association of State and Territorial Solid Waste Management Officials have developed a Guide for Industrial Solid Waste Management, identifying best management practices for design, monitoring and operating practices for the disposal of industrial waste. The American Petroleum Institute has developed guidelines for the disposal of oil and gas waste at commercial waste management facilities. The Naturals Resources Law Center at the University of Colorado has collected information on best management practices for waste disposal. The website also provides an overview of the legal requirements applicable to solid waste generated by oil and gas drilling.

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In this section, you will find links to: (1) the government agency or agencies that oversee drilling in your state; (2) the applicable state law; (3) lists of pending permits; (4) how to comment on permits; and (5) surface owner consent requirements. It is important to keep in mind that multiple agencies may be involved in drilling oversight in your state. It varies from state-to-state. Drilling may be controlled by a separate oil and gas commission, by an environmental protection/quality agency, a department of natural resources, or a combination of these. Be sure to understand what an agency does and does not do, and what laws apply in different situations. For instance, some laws may govern only leasing and drilling on state-owned land, while other laws apply to all oil and gas drilling.

If you think drilling in your area may be related to federal lands or federally-owned oil and gas, you may also be interested in looking at the information available here.

If you are considering signing a lease, or if there might be drilling on your land, consult an experienced attorney familiar with the most up-to-date drilling and leasing laws in your state.

Alabama

State Oil and Gas Board

gsa.state.al.us/ogb/ogb.html

State regulations

gsa.state.al.us/documents/misc_ogb/goldbook.pdf

Database of wells

gsa.state.al.us/ogb/database.aspx

List of pending permits

None

Pending permit policy

Alabama does not have a public record for pending permits. If a pending permit application does not meet the standard regulatory requirements, a board of three attorneys will review it. The notice of this application will be published in the local newspaper of the corresponding county/city.

To comment on pending drilling permits

Contact agency with concerns.

If someone owns the oil/gas beneath my land, is my consent required to prospect/drill on my property?

Not required.

Black Warrior Riverkeeper (to preserve the Black Warrior watershed)

blackwarriorriver.org

WildSouth (to protect public lands)

wildsouth.org

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Alaska

State regulations

http://doa.alaska.gov/ogc/Regulations/RegIndex.html

Oil and Gas on State Lands

Department of Natural Resources: Division of Oil & Gas (responsible for leasing state land for oil & gas exploration and development)

http://www.dog.dnr.alaska.gov/

State regulations related to leasing of state lands

http://www.dog.dnr.alaska.gov/AboutUs/OGStatutes.htm

List of pending permits for activities on state lands

http://www.dog.dnr.alaska.gov/Permitting/Permitting.htm#permittingnotices

Area maps

http://dog.dnr.alaska.gov/GIS/Maps.htm

Regulation of Oil and Gas Drilling and Production

Oil and Gas Conservation Commission

http://doa.alaska.gov/ogc/

Drilling and production regulations

http://www.doa.alaska.gov/ogc/Regulations/RegIndex.html

Database of wells

http://doa.alaska.gov/ogc/lists/listindex.html (click on the hyperlink for "All Lists" to download an Excel spreadsheet of wells)

To comment on pending drilling permits

Contact agency.

If someone owns the oil/gas beneath my land, is my consent required to prospect/drill on my property?

Not required.

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Arizona

Oil & Gas Conservation Commission

azogcc.az.gov/

State regulations

azsos.gov/public_services/Title_12/12-07.htm

Database of wells

http://catalog.usgin.org/geoportal/catalog/main/home.page

List of pending permits

None

To comment on pending drilling permits

Contact agency.

If someone owns the oil/gas beneath my land, is my consent required to prospect/drill on my property?

Not required.

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Arkansas

Oil & Gas Conservation Commission

haogc.state.ar.us/

Applicable state regulations

aogc.state.ar.us/OnlineData/Forms/Rules%20and%20Regulations.pdf

Database of wells

aogc.state.ar.us/JDesignerPro/JDPArkansas/default.htm

List of pending permits

aogc2.state.ar.us/hearing_apps_archive2011.htm

Pending permit policy

Contact agency.

If someone owns the oil/gas beneath my land, is my consent required to prospect/drill on my property?

Notice to surface owner is required prior to drilling. Ark. Code Ann. 15-72-203.

aogc.state.ar.us/PDF/Surface_Owner_Notice_Statute.pdf

Arkansans for Gas Drilling Accountability

a4gda.blogspot.com

Citizens Against Resource Exploitation (CARE)

reformargov.blogspot.com

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California

Department of Conservation

consrv.ca.gov/dog

State regulations

conservation.ca.gov/dog/pubs_stats/Pages/law_regulations.aspx

Database of wells

http://maps.conservation.ca.gov/doms/doms-app.html (interactive mapping tool)

http://owr.conservation.ca.gov/WellSearch/WellSearch.aspx (searchable database)

http://www.conservation.ca.gov/dog/maps/Pages/goto_welllocation.aspx (database by district)

List of pending permits

http://www.conservation.ca.gov/dog/Pages/index.aspx (at bottom of page, in the lower right-hand box entitled "Download Reports," click on "Weekly Summary," under the latest edition)

Opportunity to comment on pending drilling permits

Contact agency.

If someone owns the oil/gas beneath my land, is my consent required to prospect/drill on my property?

Surface owners are entitled to notice prior to first entry on the property regarding the "extent and location" of the drilling operations. Cal. Civil Code § 848.

Community Health Councils, Inc.

www.chc-inc.org

Grassroots Coalition

www.saveballona.org

Top of page

Colorado

Oil and Gas Conservation Commission

http://cogcc.state.co.us/

State regulations

http://cogcc.state.co.us/ (To obtain the regulations, click on "Rules" on the left-hand side.)

Database of wells

http://cogcc.state.co.us/ (On the left-hand side of the page, click "Database"; at new screen click "Facilities"; fill in the search criteria and click "submit.")

List of pending permits

http://cogcc.state.co.us/ (Click on "Permits"; a new screen will appear; click on "All pending applications for" and select your county.)

Opportunity to comment on pending drilling permits

Yes; posted for 20 days prior to approval

http://cogcc.state.co.us/

If someone owns the oil/gas beneath my land, is my consent required to prospect/drill on my property?

Not required. Drilling must occur in "a manner that accommodates the surface owner by minimizing intrusion upon and damage to the surface of the land."

http://www.michie.com/colorado/lpext.dll?f=templates&fn=main-h.htm&cp=%20

Oil and Gas Accountability Project

http://www.earthworksaction.org/oil_and_gas.cfm

Colorado Environmental Coalition

www.ourcolorado.org

Citizen's Alliance for Responsible Urban Gas Drilling

www.carugd.org

San Juan Citizens Alliance

www.sanjuancitizens.org

Western Colorado Congress

www.wccongress.org

Wilderness Workshop

www.wildernessworkshop.org

What the Frack?

wtfrackorg.blogspot.com

Citizens for Huerfano County

http://huerfanofrack.blogspot.com/

South Park Coalition

sites.google.com/site/parkcountygasdrilling

Erie Rising

www.erierising.com

Citizens for Safe Fracking, Adams County

Phone: 303.591.5721

Routt County Fracking Information

routtcountyfrack.org

Thompson Divide Coalition

http://www.savethompsondivide.org/

Top of page

Idaho

Oil & Gas Conservation Commission

http://www.idl.idaho.gov/bureau/minerals/min_leasing/iogcc.html

State regulations

http://legislature.idaho.gov/idstat/Title47/T47.htm

Database of wells

None

List of pending permits

http://www.idl.idaho.gov/bureau/oil-gas/permits/drillpermits.html

To comment on pending drilling permits

Contact agency.

If someone owns the oil/gas beneath my land, is my consent required to prospect/drill on my property?

Not required, but operator is liable for damages.

http://www.legislature.idaho.gov/idstat/Title47/T47CH7SECT47-708.htm

Idaho Conservation League

http://www.idahoconservation.org/issues/water/fracking-in-idaho

Western Organization of Resource Councils (also works in Colorado, Montana, North Dakota, South Dakota and Wyoming)

http://worc.org/Hydraulic-fracturing/

Protect Idaho's Natural Resources

www.facebook.com/#!/groups/156166501116713

Top of page

Illinois

Department of Natural Resources

http://dnr.state.il.us/mines/dog/

Applicable state regulations

http://dnr.state.il.us/legal/adopted/62-240.pdf (The Illinois Oil and Gas Act)

http://dnr.state.il.us/legal/adopted/62-250.pdf (Oil and Gas Wells on Public Lands Act)

Database of existing wells

http://dnr.state.il.us/mines/dog/prf.pdf

List of pending permits

None

Opportunity to comment on pending drilling permits

Contact the agency.

If someone owns the oil/gas beneath my land, is my consent required to prospect/drill on my property?

Not required. Notice is required to surface owner including a copy of the drilling application and an offer to negotiate terms of drilling operations. In addition, Illinois statutes provide surface owners reasonable compensation from drilling operator for damages to "growing crops, trees, shrubs, fences, roads, structures, improvements, personal property and livestock caused by the drilling of a new well."

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2197&ChapterID=62

Top of page

Indiana

Department of Natural Resources Division of Oil and Gas

http://www.in.gov/dnr/dnroil/

State regulations

http://www.in.gov/dnr/dnroil/2609.htm (list of statutes and rules)

Database of wells

http://www.in.gov/dnr/dnroil/5715.htm (click on the "Maps," "Charts," and "Tables" links for more information)

List of pending permits

None

Opportunity to comment on pending drilling permits

Contact agency.

If someone owns the oil/gas beneath my land, is my consent required to prospect/drill on my property?

Not required. Oil and gas operators are liable for damages resulting from operating activities to surface owners.

http://www.in.gov/legislative/ic/code/title32/ar23/ch7.html

Top of page

Kansas

Corporation Commission, Oil & Gas Conservation Division

http://www.kcc.state.ks.us/conservation/index.htm

State regulations

http://www.kcc.state.ks.us/conservation/cons_rr_010711.pdf

Database of existing wells

http://kgs.uky.edu/kgsweb/DataSearching/OilGas/OGSearch.asp (searchable database)

http://kgs.uky.edu/kgsmap/kgsgeoserver/viewer.asp?LayoutID=2 (interactive map)

List of pending permits

None

Opportunity to comment on pending drilling permits

Yes; applicants must publish a notice in at least one local newspaper and at least "one issue of the Wichita Eagle newspaper." The public has an opportunity file a protest within "15 days for production matters and 30 days for environmental matters."

http://www.kcc.state.ks.us/conservation/cons_rr_010711.pdf

If someone owns the oil/gas beneath my land, is my consent required to prospect/drill on my property?

Not required, but surface owners are entitled to receive notification of proposed operations.

http://kansasstatutes.lesterama.org/Chapter_55/Article_1/#55-151

Top of page

Kentucky

Energy and Environment Cabinet, Department of Natural Resources

http://oilandgas.ky.gov/Pages/Welcome.aspx

State regulations

http://www.lrc.ky.gov/kar/TITLE805.htm

Database of wells

http://kgs.uky.edu/kgsweb/DataSearching/OilGas/OGSearch.asp

List of pending permits

None

Opportunity to comment on pending drilling permits

Yes; surface owners will be notified and given 30 days to comment upon receipt of the notification. A notice will also be published in a local newspaper and the notice will provide instructions for submitting comments and/or requesting hearings. The public will have 30 days to comment.

http://www.lrc.ky.gov/kar/805/001/110.htm

If someone owns the oil/gas beneath my land, is my consent required to prospect/drill on my property?

Not required. Oil and gas operators are required to give notice to surface owners and provide the surface owner an opportunity to schedule a meeting with the operator. Surface owners are entitled to reasonable compensation.

http://www.lrc.ky.gov/krs/353-00/595.pdf

Top of page

Louisiana

Department of Natural Resources, Office of Conservation, Geological Oil & Gas Division

http://dnr.louisiana.gov/index.cfm?md=pagebuilder&tmp=home&pid=55&pnid=21&nid=28

Applicable state regulations

http://dnr.louisiana.gov/index.cfm?md=pagebuilder&tmp=home&pid=62&pnid=0&nid=37

Database of existing wells

http://dnr.louisiana.gov/index.cfm?md=pagebuilder&tmp=home&pid=153 (at bottom of page, click on "SONRIS Geographic Information System (GIS) Access")

List of pending permits

http://dnr.louisiana.gov/index.cfm?md=pagebuilder&tmp=home&pid=779&pnid=0&nid=331

Opportunity to comment on pending drilling permits

Contact agency.

If someone owns the oil/gas beneath my land, is my consent required to prospect/drill on my property?

Not required.

Louisiana Environmental Action Network

leanweb.org

Top of page

Maryland

Department of Natural Resources

http://www.mgs.md.gov/geo/marcellus.html

http://dnr.state.md.us/

State regulations

http://www.dsd.state.md.us/comar/subtitle_chapters/26_Chapters.aspx#Subtitle19

Database of existing wells

http://www.mde.maryland.gov/programs/Land/mining/Non%20Coal%20Mining/Documents/GasMaps/NaturalGasWellLocationMap.pdf

List of pending permits

http://www.mde.maryland.gov/programs/Land/mining/Non%20Coal%20Mining/Pages/GasApps.aspx

Opportunity to comment on pending drilling permits

Yes; the Department of Natural Resources publishes notice of the application twice in two weeks in a local newspaper. Citizens can request a hearing.

http://www.dsd.state.md.us/comar/comarhtml/26/26.19.01.07.htm

If someone owns the oil/gas beneath my land, is my consent required to prospect/drill on my property?

Required; operators must have a right of entry agreement with the surface owner.

http://www.dsd.state.md.us/comar/comarhtml/26/26.19.01.06.htm

CitizenShale

http://citizenshale.org

Top of page

Michigan

Department of Environmental Quality

http://www.michigan.gov/deq/0,1607,7-135-3311_4111_4231---,00.html

State regulations

http://www.michigan.gov/deq/0,1607,7-135-3311_4111_4231-9245--,00.html

Database of existing wells

http://www.michigan.gov/deq/0,1607,7-135-3311_4111_4231-14421--,00.html (maps)

http://www.michigan.gov/deq/0,1607,7-135-3311_4111_4231-97870--,00.html

List of pending permits

http://www.michigan.gov/deq/0,1607,7-135-3311_4111_4231-121842--,00.html

Opportunity to comment on pending drilling permits

"A city, village, township, or county in which an oil or gas well is proposed to be located may provide written comments and recommendations to the supervisor pertaining to applications for permits to drill and operate. The supervisor shall consider all such comments and recommendations in reviewing the application."

http://www.michigan.gov/documents/deq/ogs-oilandgas-regs_263032_7.pdf

If someone owns the oil/gas beneath my land, is my consent required to prospect/drill on my property?

Not required; oil and gas operators must give at least 48 hours notice to the surface owner before construction commences.

http://www.michigan.gov/documents/deq/ogs-oilandgas-regs_263032_7.pdf

Top of page

Mississippi

State Oil and Gas Board

www.ogb.state.ms.us/

Applicable state regulations

http://www.ogb.state.ms.us/rulebook.htm

Database of wells

http://www.ogb.state.ms.us/wellsearch.php

http://gis.ogb.state.ms.us/MSOGBOnline/

List of pending permits

http://www.ogb.state.ms.us/docket.htm (a docket of all of the hearings that will in next month)

Opportunity to comment on pending drilling permits

Contact agency.

If someone owns the oil/gas beneath my land, is my consent required to prospect/drill on my property?

Not required.

WildSouth (to protect public lands)

wildsouth.org

Top of page

Missouri

Department of Natural Resources

http://www.dnr.mo.gov/geology/geosrv/ogc/index.html

Applicable state regulations

http://www.dnr.mo.gov/geology/geosrv/lawsregs.htm

Database of wells

http://www.dnr.mo.gov/geology/geosrv/ogc/index.html (Scroll down and click on the ZIP file under "Permitted Wells and Production by Company" for a spreadsheet of permitted wells in Missouri.)

List of pending permits

None

Opportunity to comment on pending drilling permits

Not required.

If someone owns the oil/gas beneath my land, is my consent required to prospect/drill on my property?

Not required.

Top of page

Montana

Board of Oil and Gas

http://bogc.dnrc.mt.gov/

Applicable state regulations

http://bogc.dnrc.mt.gov/rulesregs.asp

Database of wells

http://www.bogc.dnrc.mt.gov/MBOGCdotNET/frmFilterNavigation.aspx

List of pending permits

None

Opportunity to comment on pending drilling permits

Operator must provide notice of intent to drill in newspaper in Helena and county in which drilling will occur. Citizens may request a hearing. State must provide notice and comment to public before leasing state land for oil and gas.

http://dnrc.mt.gov/trust/MMB/pdfs/FAQ.pdf

If someone owns the oil/gas beneath my land, is my consent required to prospect/drill on my property?

Not required; operator must provide notice to surface owner of intent to drill at least 20 days prior to taking any actions.

http://data.opi.mt.gov/bills/mca_toc/82_10_5.htm

A Guide to Split Estate

leg.mt.gov/content/committees/interim/2005_2006/environmental_quality_council/subcommittees/hb790/minutes/eqchb79005182006_ex10.pdf

Cottonwood Resource Council

www.cottonwoodresourcecouncil.org

Northern Plains Resource Council

www.northernplains.org

Top of page

Nebraska

Oil & Gas Conservation Commission

http://www.nogcc.ne.gov/

State regulations

http://www.nogcc.ne.gov/NOGCCrulesstatutesindex.aspx

Database of wells

http://www.nogcc.ne.gov/NOGCCOnlineGIS/

List of pending permits

None

Opportunity to comment on pending drilling permits

Contact agency.

If someone owns the oil/gas beneath my land, is my consent required to prospect/drill on my property?

Not required.

Top of page

Nevada

Commission on Mineral Resources

http://minerals.state.nv.us/formspubs_ogg.htm

State regulations

http://minerals.state.nv.us/aboutus_NACsNRSs.htm

Database of existing wells

None

List of pending permits

http://minerals.state.nv.us/ogg_permitnotices.htm#NOAGPN

Opportunity to comment on pending drilling permits

Citizens may request a hearing with the Division of Minerals or comments can be directed to Division of Minerals, 400 W. King St., Ste. 106, Carson City, NV 89703, (775) 684-7040 (phone), (775) 684-7052 (fax), ndom@govmail.state.nv.us (e-mail).

If someone owns the oil/gas beneath my land, is my consent required to prospect/drill on my property?

Not required.

Top of page

New Mexico

Oil Conservation Division

www.emnrd.state.nm.us/ocd/

Applicable state regulations

http://www.emnrd.state.nm.us/ocd/Rules.htm

Database of existing wells

http://ocdimage.emnrd.state.nm.us/imaging/WellFileCriteria.aspx

List of pending permits

http://www.emnrd.state.nm.us/OCD/OCDPermitting/OperatorData/PermitStatusParameters.aspx (under the "Permit Type," select "APD," which will provide a new screen that lists the status of all applications)

Opportunity to comment on pending drilling permits

Contact agency.

If someone owns the oil/gas beneath my land, is my consent required to prospect/drill on my property?

Not required; oil and gas operators must compensate the surface owner for damages sustained due to drilling activities. Oil and gas operators also must give at least five business days' notice of the operators' intent to enter the land to explore.

http://law.justia.com/codes/new-mexico/2009/chapter-70/article-12/

Drilling Mora County

drillingmoracounty.blogspot.com

Drilling Santa Fe

drillingsantafe.blogspot.com

San Juan Citizens Alliance

www.sanjuancitizens.org

Top of page

New York

Department of Environmental Conservation, Division of Mineral Resources

http://www.dec.ny.gov/energy/205.html

State regulations

http://www.dec.ny.gov/energy/1630.html

Database of wells

http://www.dec.ny.gov/energy/1522.html

List of pending permits

http://www.dec.ny.gov/dmndata/Well_Reports/Unit_Spacing_SW_Rpt.html

Opportunity to comment on pending drilling permits

Yes; department will publish notice of intent to issue permit in environmental notice bulletin; 30 days to comment. (N.Y. ENVTL. CONSERV. LAW § 23-0503.)

http://law.onecle.com/new-york/environmental-conservation/ENV023-0503_23-0503.html

If someone owns the oil/gas beneath my land, is my consent required to prospect/drill on my property?

Not required.

Clean Water Not Dirty Drilling

http://cleanwaternotdirtydrilling.org

Top of page

North Carolina

Clean Water for North Carolina

www.cwfnc.org

Deep River Clean Water Society

http://www.facebook.com/pages/Deep-River-Clean-Water-Society/160151727378806

WildSouth (to protect public lands)

wildsouth.org

The Southern Environmental Law Center

www.southernenvironment.org

Top of page

North Dakota

Industrial Commission, Oil & Gas Division

https://www.dmr.nd.gov/oilgas/

State regulations

https://www.dmr.nd.gov/oilgas/rules/rulebook.pdf

http://www.legis.nd.gov/cencode/t38.html

Database of wells

https://www.dmr.nd.gov/oilgas/findwellsvw.asp

List of pending permits

None

Opportunity to comment on pending drilling permits

Contact agency.

If someone owns the oil/gas beneath my land, is my consent required to prospect/drill on my property?

Not required; oil and gas operators must give the surface owner written notice at least 20 days before the operations begin. Surface owners are entitled to damages arising from drilling activities.

http://www.legis.nd.gov/cencode/t38c11-1.pdf

See also https://www.dmr.nd.gov/oilgas/surfacemineralownerinfo.asp for general information regarding surface owner rights.

Bakken Watch

www.bakkenwatch.org

Dakota Resource Council

www.drcinfo.org

Top of page

Ohio

Department of Natural Resources

http://www.ohiodnr.com/mineral/oil/tabid/10371/default.aspx

State regulations

http://www.dnr.state.oh.us/mineral/law/tabid/10375/Default.aspx

Database of wells

http://www.dnr.state.oh.us/mineral/database/tabid/17730/Default.aspx

List of pending permits

None

Opportunity to comment on pending drilling permits

Not required; all complete applications shall be date-stamped upon receipt by the division. Within 21 days of filing of the application the chief shall either issue the permit or notify the applicant of objections to the application.

http://codes.ohio.gov/oac/1501%3A9-1-02

If someone owns the oil/gas beneath my land, is my consent required to prospect/drill on my property?

Not required. Oil and gas operators are required to "restore the land surface" upon completion.

http://codes.ohio.gov/orc/1509.072

Network for Oil & Gas Accountability and Protection

http://www.neogap.org

Center for Health, Environment and Justice

http://chej.org

Buckeye Forest Council

http://www.buckeyeforestcouncil.org

FrackFree Mahoning Valley

frackfreemahoning.blogspot.com

People's Oil & Gas Collaborative - Ohio

http://www.ohiogasdrilling.com/

Top of page

Oklahoma

Oklahoma Corporation Commission

www.occ.state.ok.us/

State regulations

http://www.occeweb.com/rules/CH10O&GRules2010searchable2.pdf

http://www.occeweb.com/rules/Chapter5Effective7-11-10searchable.pdf

Database of wells

http://www.occeweb.com/Orawebapps/OCCORaWebAppsone.html

List of pending permits

None

Opportunity to comment on pending drilling permits

None; a "notice of hearing relating to drilling" must be published at least 15 days before the hearing in both the Oklahoma County newspaper and the local newspaper in which the land is located.

http://www.occeweb.com/rules/CH10O&GRules2010searchable2.pdf

If someone owns the oil/gas beneath my land, is my consent required to prospect/drill on my property?

Not required; oil and gas operators must provide written notice of the operator's intent to drill. Within five days of notifying the surface owner, the operator and surface owner are required "to enter into good faith negotiations to determine the surface damages."

http://www.oklegislature.gov/osstatuestitle.html

Oklahoma Citizens for Responsible Oil & Gas Production

www.facebook.com/home.php#!/pages/Oklahoma-Citizens-for-Responsible-Oil-Gas-Production/121940381193380

Top of page

Oregon

Department of Geology and Mineral Industries

http://www.oregon.gov/DOGAMI/oil/oilhome.shtml

State regulations

http://www.oregon.gov/DOGAMI/oil/RULES.shtml

Database of wells

http://www.oregongeology.org/mlrr/oilgas-logs.htm (interactive map)

List of pending permits

None

Opportunity to comment on pending drilling permits

Not required.

If someone owns the oil/gas beneath my land, is my consent required to prospect/drill on my property?

Not required.

Top of page

Pennsylvania

NRDC's Map of Fracking in Pennsylvania

http://www.nrdc.org/energy/fracking-map/pa.asp

Bureau of Oil & Gas Management

http://www.dep.state.pa.us/dep/deputate/minres/oilgas/oilgas.htm

Applicable state regulations

http://www.dep.state.pa.us/dep/deputate/minres/oilgas/lawsregulations.htm

Database of wells

http://www.emappa.dep.state.pa.us/emappa/viewer.htm (interactive map that requires inputting information)

List of pending permits

http://www.ahs2.dep.state.pa.us/eNOTICEWeb/ (interested persons may register free of charge to receive email notifications about applications)

Opportunity to comment on pending drilling permits

Contact agency.

If someone owns the oil/gas beneath my land, is my consent required to prospect/drill on my property?

Not required; oil and gas operators must notify surface landowners of their intent to drill. Surface owners are allowed to object under certain conditions.

http://www.dep.state.pa.us/dep/deputate/minres/oilgas/ACT223ch2.HTM

http://www.dep.state.pa.us/dep/deputate/minres/oilgas/fs2834.htm (surface owner FAQs)

Southwest Pennsylvania Environmental Health Project

www.environmentalhealthproject.org

Allegheny Defense Project

www.alleghenydefense.org

Damascus Citizens for Sustainability

www.damascuscitizens.org

Delaware Riverkeeper Network

www.delawareriverkeeper.org

Group Against Smog and Pollution

www.gasp-pgh.org

Mountain Watershed Association

www.mtwatershed.com

Three Rivers Waterkeeper

www.threeriverswaterkeeper.org

Citizens for Pennsylvania's Future

www.pennfuture.org

Top of page

South Dakota

Department of Environment & Natural Resources

http://denr.sd.gov/des/og/oghome.aspx

Board of Minerals and Environment

http://denr.sd.gov/bme.aspx

State regulations

http://denr.sd.gov/des/og/rulesreg.aspx

Database of wells

http://denr.sd.gov/des/og/welldata.aspx

List of pending permits

Pending applications are published both in the local and state newspaper. The website http://denr.sd.gov/des/og/newpermit.aspx has a list of pending applications, but it is not currently updated. There is also an email service to receive alerts for pending applications.

Opportunity to comment on pending drilling permits

Not required; citizens have the right to petition the Board of Minerals and Environment to address impacts from oil and gas drilling.

http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=45-9-56

If the Board holds a hearing, the law requires the operator to provide notice to affected via certified mail.

http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=45-9-58

If someone owns the oil/gas beneath my land, is my consent required to prospect/drill on my property?

Not required, but the surface owner may be entitled to compensation for damages sustained due to drilling operations.

http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=45-5A-5

Top of page

Tennessee

Department of Environment & Conservation

http://www.tn.gov/environment/boards/og/

Applicable state regulations

http://www.tn.gov/sos/rules/1040/1040-02/1040-02.htm

Database of wells

None

List of pending permits

None

Opportunity to comment on pending drilling permits

Yes; 15 days for surface owner to respond to notice of intent to drill.

http://www.tn.gov/environment/permits/oilgas.shtml

http://www.tennessee.gov/sos/rules/1040/1040-02/1040-02-02.20090302.pdf

If someone owns the oil/gas beneath my land, is my consent required to prospect/drill on my property?

Not required; may request hearing before State Supervisor.

http://www.tn.gov/sos/rules/1040/1040-02/1040-02-02.20090302.pdf

Surface owners also may be entitled to compensation for damages arising from drilling operations.

Information on permitting of oil and gas wells in Tennessee

http://www.tn.gov/environment/permits/oilgas.shtml

WildSouth (to protect public lands)

wildsouth.org

Top of page

Texas

Railroad Commission of Texas

http://www.rrc.state.tx.us/

State regulations

http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=4&ti=16&pt=1&ch=3&rl=Y

Database of wells

http://rrcsearch.neubus.com/esd-rrc/#results (from the drop-down menu, select "Oil and Gas Well Records")

List of pending permits

http://webapps.rrc.state.tx.us/DP/initializePublicQueryAction.do (enter a date range to see what permits have been approved and what permits are pending)

Opportunity to comment on pending drilling permits

No; oil and gas operators who wish to secure a permit for a well that does not conform to the minimum spacing requirements must notify "all affected persons." There may be a public hearing prior to granting this exception.

http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=16&pt=1&ch=3&rl=37

If someone owns the oil/gas beneath my land, is my consent required to prospect/drill on my property?

Not required; oil and gas operators must give written notice to surface owner within 15 business days after the permit has been issued.

http://www.statutes.legis.state.tx.us/Docs/NR/htm/NR.91.htm

Citizens for Environmental Clean-Up (Fairfield)

cecfairfieldtexas.blogspot.com

Flower Mound Citizens Against Urban Drilling

stopthedrilling.blogspot.com

Fort Worth Citizens Against Neighborhood Drilling Operations

www.fwcando.org

ShaleTest

www.shaletest.org

Texas Oil and Gas Accountability Project

www.earthworksaction.org/Texas_OGAP.cfm

Top of page

Utah

Department of Natural Resources, Division of Oil, Gas & Mining

http://oilgas.ogm.utah.gov/

State regulations

http://oilgas.ogm.utah.gov/Rules/Rules_Page.htm (read either the Utah Oil & Gas Conservation Act or the Utah Oil & Gas Conservation General Rules by following the links)

Database of wells

http://oilgas.ogm.utah.gov/Data_Center/LiveData_Search/well_data_lookup.cfm (search by operator, county, location [township/range]; most recent permits are listed last; obtain the drilling permit by clicking "Files")

http://mapserv.utah.gov/oilgasmining/ (interactive map)

List of pending permits

None

Opportunity to comment on pending drilling permits

No, but notice is provided. On-site pre-drill inspection is required prior to approval of drilling permit for state and private lands. Surface owner shall be invited, but inspection can proceed in absence of surface owner.

http://www.rules.utah.gov/publicat/code/r649/r649-003.htm#T4

If someone owns the oil/gas beneath my land, is my consent required to prospect/drill on my property?

Not required.

Southern Utah Wilderness Alliance

www.suwa.org

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Virginia

Department of Mines and Minerals

http://www.dmme.virginia.gov/divisiongasoil.shtml

Applicable state regulations

http://www.dmme.virginia.gov/DGO/Board/DGORegs.pdf

Database of existing wells

http://www.dmme.virginia.gov/dgoinquiry/frmmain.aspx (click on "Well Location Download")

List of pending permits

http://www.dmme.virginia.gov/dgoinquiry/frmMain.aspx?ctl=6

Opportunity to comment on pending drilling permits

Yes; within one day of filing an application, an applicant must notify "surface owners, coal owners, and mineral owners on the tract to be drilled." There is a 15 day comment period after receipt of the notification. The code limits the types of objections that can be raised.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+45.1-361.30

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+45.1-361.35

If someone owns the oil/gas beneath my land, is my consent required to prospect/drill on my property?

Not required; surface owners are entitled to object under certain circumstances

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+45.1-361.35

Community Alliance for Preservation, Rockingham County

www.preserverockingham.org

WildSouth (to protect public lands)

wildsouth.org

Southern Environmental Law Center

www.southernenvironment.org

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West Virginia

Department of Environmental Protection

http://www.dep.wv.gov/oil-and-gas/Pages/default.aspx

State regulations

http://www.dep.wv.gov/oil-and-gas/Resources/Regulations/Pages/default.aspx

Database of wells

http://gis.dep.wv.gov/mapping/oog/oog.html (by county)

List of pending permits

http://apps.dep.wv.gov/oog/permitsearch_new.cfm

Opportunity to comment on pending drilling permits

Yes; notice and copy of application by certified mail with return receipt required to owners of surface land to be disturbed by well or roads; 15 days from filing of application to comment.

http://www.legis.state.wv.us/WVCODE/Code.cfm?chap=22&art=6#06

If someone owns the oil/gas beneath my land, is my consent required to prospect/drill on my property?

Not required; surface owners may be entitled to compensation for damages arising from drilling activities.

http://www.legis.state.wv.us/WVCODE/Code.cfm?chap=22&art=7

West Virginia Surface Owners' Rights Organization

www.wvsoro.org

Wetzel County Action Group

www.wcag-wv.org

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Wyoming

Oil & Gas Conservation Commission

http://wogcc.state.wy.us/

State regulations

http://soswy.state.wy.us/Rules/Rule_Search_Main.asp (select agency "Oil and Gas Conservation Commission")

Database of existing wells

http://wogcc.state.wy.us/ (select "all permitted wells")

List of pending permits

http://wogcc.state.wy.us/ (under "type" select "waiting for approval")

Opportunity to comment on pending permits

No, but notice to affected surface owners is required.

http://soswy.state.wy.us/Rules/RULES/7928.pdf

If someone owns the oil/gas beneath my land, is my consent required to prospect/drill on my property?

Oil and gas operators are allowed to enter a surface owner's land, provided that they "reasonably accommodate existing surface uses." Operators must provide surface owners notice, attempt "good faith negotiations," and obtain "written consent or waiver of the surface owner for entry onto the land." Operator can provide a bond to cover damages to surface owner in lieu of consent or waiver.

http://legisweb.state.wy.us/titles/statutes.htm

In addition, surface owners are entitled to compensation for loss of production and income, loss of land value and loss of value of improvements caused by oil and gas operations. These protections come from action taken by the Legislature of the State of Wyoming in 2005.

http://wogcc.state.wy.us/Wyoming%20Split%20Estates%20Act-%20PAW%20Presentation.pdf

Biodiversity Conservation Alliance

www.voiceforthewild.org

Clark Resource Council

www.clarkresourcecouncil.org

Landowners Association of Wyoming

www.wyominglandowners.org/splitestates/index.php

Powder River Basin Resource Council

www.powderriverbasin.org

Upper Green River Alliance

www.uppergreen.org

Wyoming Outdoor Council

www.wyomingoutdoorcouncil.org

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