Does anyone know what the buffer zone is in Washington county in regards to drilling close to residence?
I don’t believe that is addressed in the standard lease form (producers 88), but it can be addressed in an addendum.
It should be spelled out in the Oil and Gas Lease(s) covering the property involved in the unit/covering the land. Normally the language in the lease will say something to the effect of “not within 300 ft of any residence or outbuilding”.
I have heard the Texas Law states something about the buffer zone but I can find anything in writing. The minerals and the lease are with the previous owners.
There is no such thing as a standard lease form. The lease may have that heading at the top, but the wording may often change underneath that heading depending upon who is writing it. They can have similar wording, but don’t think that every lease form that has that wording at the top is actually the same.
That being said, many lease forms do have a 200’ or 300’ foot easement away from a building. The language of the law of the state determines that definition.
That “Producers 88” name has a legend tied to it. Supposedly, the ticket number 88 was from a printer for a lease print job that was done way back when. Sort of like a Baskins Robbins ticket. The name means nothing these days.
AgentBarbara
I thought the answer was 300 feet from a residence and felt sure I’d find that rule in Texas Railroad Commission (regulator of oil & gas drilling in Texas). For what it’s worth below is the lame answer RRC gave someone who asked that same question. That person was out in the Permian Basin in West Texas but RRC’s answer would apply to the whole State.
As far as rules that Washington County might have, a February front page article in the Brenham Banner Press talked about the response people got when they asked the County about their rules on drilling and gas plant construction near residences. According to that article the county judge basically said, We’ve got no control of it…it’s up to the Railroad Commission.
Here’s what RRC’s website says:
What is the minimum drilling distance for well locations and buildings and homes? How close to my house can a well be drilled? (Texas RRC - Permian Basin)
The Railroad Commission does not regulate how close a gas or oil well can be drilled to a residential property. However, for a well within city limits, a city may enact ordinances regarding the proximity to dwellings or other structures. In addition, there is a law in the Municipal Code, Section 253.005©, which provides: “A well may not be drilled in the thickly settled part of the municipality or within 200 feet of a private residence.” This rule may be accessed directly at http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.253.htm#253.005
Commission Rule, 16 Texas Administrative Code (TAC) §3.76 provides that in counties with a population of more than 400,000 or a population of more than 140,000 adjacent to a county with a population of more than 400,000, a developer of the property may obtain Commission approval of a subdivision plan that limits drilling activity to designated drill sites of at least two acres for every 80 acres in the subdivision. This rule may be accessed directly at http://texreg.sos.state.tx.us/public/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=76.
Many mineral leases (which are private business contracts between an operator and a mineral owner) may also include clauses that define how close a well can be drilled to existing structures.
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Thanks for hunting that down.
Thank you everyone for the input.