A recent decision by the Red Deer County Council quashed an attempt by an elderly county resident to create a sub-division for her son to live on right next to her residence. This would allow this lady to remain in her home and the son to have his own property to build on so he can continue to own his own home independent of the family farm. Normally such first out sub-divisions for compasionate reason are granted without question, but, not in this instance. It is being denied because of its proximity to an oil and cbm lease on the adjoining property belonging to another landowner.
There is no required setback limiting landowners to how close they may construct any structure to a sweet oil or gas well lease, there is however a required setback under EUB regulations to how close an oil or gas well maybe drilled to a dwelling. The EUB regulates the oil and gas industry not thr municipalitie or the landowner.
It appear that the County of Red Deer has now transfered this onus onto the backs of the landowners
The well lease is located on the Northwest 1/4 the proposed sub-division is on the northwest corner of the Southwest 1/4; in other words across the fence.
This particular parcel of land the landowner was seeking to sub-divide is prime corridor land, 4 miles off QE2 and 1/2 mile from the paved secondary highway 587. At the Landuse Forum held last mouth in Red Deer the Alberta Government expressed that the priority use for the corridor of land extending 10 miles either side of the highway should be development and the energy industry should confine itself to the area east of this corridor. The preposed parcel as far as I have observed is unsuitable for agriculture. It is part of an eskar, very steep and rocky, has poor soil and is bracketted by wetlands.
This whole issue raises some very serious concerns in regards to the payments for adverse effect beyond the lease onto adjioning lands; it clearly shows the need for the industry to compensate adjoining landowners.
It also raises questions into Administrative Law; there is a gross inequality in the treatment between different land users the landowner inorder to change landuse must consult nieghbours, apply to the county for rezoning, provide a survey and a report on current and proposed land use. The energy company has to do none of this,
they effectively rezone the lease and the surrounding lands industial with
no questions asked. Now put this into context of atleast 4 cbm wells per 1/4, existing conventional oil & gas and then add in the up coming shale gas play with well densities even higher than cbm, and you will have lost all say over your own property.
There is no required setback limiting landowners to how close they may construct any structure to a sweet oil or gas well lease, there is however a required setback under EUB regulations to how close an oil or gas well maybe drilled to a dwelling. The EUB regulates the oil and gas industry not thr municipalitie or the landowner.
It appear that the County of Red Deer has now transfered this onus onto the backs of the landowners
The well lease is located on the Northwest 1/4 the proposed sub-division is on the northwest corner of the Southwest 1/4; in other words across the fence.
This particular parcel of land the landowner was seeking to sub-divide is prime corridor land, 4 miles off QE2 and 1/2 mile from the paved secondary highway 587. At the Landuse Forum held last mouth in Red Deer the Alberta Government expressed that the priority use for the corridor of land extending 10 miles either side of the highway should be development and the energy industry should confine itself to the area east of this corridor. The preposed parcel as far as I have observed is unsuitable for agriculture. It is part of an eskar, very steep and rocky, has poor soil and is bracketted by wetlands.
This whole issue raises some very serious concerns in regards to the payments for adverse effect beyond the lease onto adjioning lands; it clearly shows the need for the industry to compensate adjoining landowners.
It also raises questions into Administrative Law; there is a gross inequality in the treatment between different land users the landowner inorder to change landuse must consult nieghbours, apply to the county for rezoning, provide a survey and a report on current and proposed land use. The energy company has to do none of this,
they effectively rezone the lease and the surrounding lands industial with
no questions asked. Now put this into context of atleast 4 cbm wells per 1/4, existing conventional oil & gas and then add in the up coming shale gas play with well densities even higher than cbm, and you will have lost all say over your own property.
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