324.61506b Conditions prohibiting issuance of permit or authorization to drill oil or gas well; waiver; exception.

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Sec. 61506b.

(1)Except as provided in subsections

(2)and (3), beginning on the effective date of this section, the supervisor shall not issue a permit for or authorize the drilling of an oil or gas well if both of the following apply:

(a)The well is located within 450 feet of a residential building.

(b)The residential building is located in a city or township with a population of 70,000 or more.

(2)The supervisor may grant a waiver from the requirement of subsection (1)(a) if the clerk of the city, village, or township in which the proposed well is located has been notified of the application for a permit for the proposed well and if either of the following conditions is met:

(a)The owner or owners of all residential buildings located within 450 feet of the proposed well give written consent.

(b)The supervisor determines, pursuant to a public hearing held before the waiver is granted, that the proposed well location will not cause waste and there is no reasonable alternative for the location of the well that will allow the oil and gas rights holder to develop the oil and gas.

(3)Subsection

(1)does not apply to a well utilized for the injection, withdrawal, and observation of the storage of natural gas pursuant to this part.

History: Add. 1998, Act 303 , Imd. Eff. July 28, 1998

Popular Name: Act 451

Popular Name: NREPA

Popular Name: Supervisor of Wells