By RONALD FRASER
Natural gas drillers are chomping at the bit to bring the heavy industrial, high volume hydraulic fracturing technology to New York's Marcellus and Utica shale formations - and possibly to the Southtowns. If Gov. Andrew Cuomo gives drillers the green light, are the Southtown governments ready to use their planning and zoning powers to ban hydraulic fracturing drilling within their towns or invite the drillers in?
The governor has said he will respect local anti-fracking laws where they exist. This is not an easy decision for the towns. Here's why.
As New York towns gained land use planning and zoning authority to protect the safety, health and well-being of their residents and environment and to avoid conflicting land uses, only the larger municipalities added professional staff planners. Most rural towns did not. This may not be a problem when issuing special use permits for dog kennels and junkyards.
But, it matters a lot when rural towns with limited onboard planning expertise are up against a wide range of complex, risky land use decisions - and when the Independent Oil and Gas Association of New York is telling these officials, "all is OK, don't worry."
New York's established planning and zoning procedures help ensure that fracking decisions are not made arbitrarily; that they are based on sound research and are made openly and promote the well-being of the entire community, not special interests.
Once a town officially adopts a comprehensive or master land use plan - and most Southtowns have, usually with help from a professional planner - future land use decisions and zoning decisions must then be compatible and harmonious with the planning guidance and policies in the adopted plan. In the Southtowns, these plans typically stress the town's rural lifestyle and natural environment and do not provide for heavy industrial activities with serious environmental and human health risks attached.
Some town officials mistakenly equate high tech hydraulic fracturing wells with familiar, old fashioned, shallow, vertical gas wells. However, the risks to water sources and human health from one hydraulic fracturing well, using 5 million to 8 million gallons of toxic fracking fluids, is about 500 times greater.
Others believe the state Department of Environmental Conservation will protect the town when, in fact, DEC's primary mission is to promote oil and gas development. Legal responsibility for protecting lives and property in the Southtowns rests not with the DEC but with the elected members of each town board.
To date, the town of Wales has banned hydraulic fracturing drilling while Holland has hung out a drillers are welcomed sign. The town of Colden has enacted a drilling moratorium.
Without professional help upon which to make their decisions, Southtown officials are likely to underestimate the hydraulic fracturing risks until it is too late. One source of technical advice is the land use planning assistance offered by the Erie County Department of Environment and Planning. That is a good first stop for Southtown officials still wondering what to do.
Ronald Fraser is a member of the town of Colden Environmental Board and administrator of www.smalltowncivics.com a new website covering public affairs in the Southtowns.