The Washington County rules that passed unanimously Monday would require companies that plan to drill for natural gas to get county approval before drilling or building gas refineries or other facilities.
The county regulations also include bond requirements and an approval process that conflicts with state rules already in place.
A bill that passed an Idaho House committee last week would reserve to the state many of the regulatory powers presumed in the ordinance.
While that bill still must pass the House and the Senate, its movement in the Legislature sets up a potential fight between the state and Washington County: What is the best way to regulate a new Idaho industry while respecting the demands by local residents and officials to have a say in what happens in their county?
County officials acknowledge they could lose in a showdown with the state and may have to revise their ordinance.
What?s driving this fight is the potential for a new industry for Idaho ? and a new revenue source for Idaho governments.
Natural gas was discovered in seven of 11 wells drilled in Payette County in 2010, and more than 100,000 acres in western Idaho are now under lease by drillers.
The promise, however, comes with concerns from local residents that a natural gas boom could harm their water, environment and quiet rural lifestyle. Meanwhile, industry officials worry they will have to deal with a patchwork of regulations that vary from county to county.
When the Washington County commissioners asked for public testimony, 17 people testified, 14 in favor of the county regulations, two opposed and one neutral, said Commissioner Rick Michael of Weiser.
County officials have been working on the ordinance for more than a year. A key difference between the county and the state plans is that the county would have more public involvement in its ?special-use permit? planning process than the administrative process proposed by the state.
?We really don?t want that to change,? Michael said. ?That would give us a little say where the well pads are sited and the setbacks.?
The county?s plan, with public hearings, is the approach counties traditionally use for land-use decisions. But states have authority over oil and gas regulation in the vast majority of U.S. states.
State Rep. Judy Boyle, R-Midvale, who represents the county in the Idaho House of Representatives, said the commission?s vote was premature.
?The state has primacy over the oil and gas production,? Boyle said. ?I think the prudent thing would have been to wait.?
The Idaho Petroleum Council opposed the ordinance.
?It wasn?t a surprise,? said Jon Foster, a spokesman for the council. ?I think it?s unfortunate because we?ll soon see passage of comprehensive rules and regulations for the entire state that will better achieve the outcome the Washington County commissioners are hoping for.?
The petroleum council also has warned counties that defending ordinances that conflict with state laws could be costly.
Michael said the commission put a lot of thought into the issue before voting.
?We can always amend it if we have to,? he said.
But the conflicts with state law are throughout the bill and would require a complete rewrite.
Amanda Buchanan, a Weiser activist, said most of the people who spoke at the hearing also attended the House Resources and Conservation Committee hearing Thursday.
The committee?s 16-0 vote to give the state final authority over where and how oil and gas are developed, after strong public opposition to the legislation, angered many, Buchanan said.
?The most common comment was ?I have never in my life felt so poorly represented as a citizen by my government as I did at the House Resource Committee,?? Buchanan said.
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