H. B. 2137

          (By Delegate Manypenny)
          [Introduced February 13, 2013; referred to the
          Committee on the Judiciary then Finance.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8A-7-3a, relating to specific authorization of governing board of counties and municipalities to enact zoning ordinances that regulate drilling and hydraulic fracturing in the natural gas horizontal well industry.
Be it enacted by the Legislature of West Virginia:
     That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §8A-7-3a, to read as follows:
ARTICLE 7. ZONING ORDINANCE.
§8A-7-3a. Zoning; natural gas horizontal wells.
_____Notwithstanding any other code provision to the contrary, governing boards of counties and municipalities have the authority to enact zoning ordinances to regulate drilling and hydraulic fracturing of horizontal wells in order to protect the citizens within their jurisdictions.

     NOTE: The purpose of this bill is to provide counties and municipalities the specific authority to enact zoning ordinances that regulate drilling and hydraulic fracturing activity in the natural gas horizontal well industry.


     §8A-7-3a is new; therefore, it has been completely underscored.