State legislation recently signed by Governor McCrory that nullifies local fracking bans has forced some North Carolina towns to explore other legislative avenues to limit the practice. In Creedmoor, NC, Mayor Darryl Moss and other town officials speculate that the manipulation of zoning laws could be the next best option for localities looking to ban fracking. By passing zoning ordinances that are not specific to fracking, localities like Creedmoor might be able to navigate around the provisions of The Energy Modernization Act.
From WRAL.com: “”We can control the above-ground infrastructure in our community from a zoning perspective,” [Moss] said, noting the Creedmoor City Council would likely deny the needed permits for a gas company to operate in town.
“We are responsible locally for our citizens’ quality of life,” he said.
The News Observer reports that “in Creedmoor, the zoning rules applicable to potential fracking would require a company to operate in an area zoned for industrial use and with a hazardous industry overlay. In most cases, unless an area was already zoned for industry, the company would have to seek both designations from the city through its planning process.
The two-part designation applies to all hazardous industries, not only oil and gas companies.”