Butte County Municipal Code Ch. 33B Ban on Hydraulic Fracturing Within Butte County

Hydraulic fracturing means techniques used in preparing a well that, in whole or in part, typically involve the pressurized injection of water and chemicals, compounds, and materials into an underground geologic formation in order to expand existing fractures or create new fractures in that formation, thereby causing or enhancing the production of oil or gas from a well. For the purposes of this chapter, hydraulic fracturing shall include the terms "fracking," "hydrofracking," "hydrofracturing," "unconventional well stimulation," and any other nontraditional oil and gas recovery techniques, including procedures commonly referred to as "acidization," "acid fracturing," and "gravel packing."

(Ord. of 6-7-16, exh. A)

(a) An immediate ban on land use involving fracking, acidization, and other well stimulation techniques, and related activities, including the disposal of fracking byproducts within the county's boundaries;

(b) Full public disclosure and testing of all existing fracking sites and injection/disposal wells, and allowing government access and testing of the chemicals used in fracking operations;

(c) This chapter shall exempt any and all vested rights in well stimulation. A person claiming a vested right must demonstrate to the county through clear and convincing evidence that a vested right exists. If proven to exist, the vested right shall expire upon completion of the first occurrence of the claimant's well stimulation. The drilling, maintenance, or operation of an existing well does not constitute a vested right to use fracking or other unconventional well stimulation;

(d) This chapter shall remain in effect until the Butte County Board of Supervisors determines that the state has enacted and enforced regulations that provide sufficiently thorough protections to public health and safety, and natural resources of the state, including full and advance public disclosure and testing of all fracking sites and injection/disposal wells while allowing government access to and testing of the chemicals used in specific fracking and related operations.

(Ord. of 6-7-16, exh. A)