Frac Sand Mining as a Conditional or Prohibited Use

Bill Number
SB332
Sierra Club Position
Support
Legislative Session
Status Info

Introduced to Senate and referred to Committee on Sporting Heritage, Mining and Forestry.

Under this bill, with regard to a zoning ordinance that is enacted and relates to agricultural use, frac sand mining must be listed as a conditional use.  Also under this bill, with regard to a zoning ordinance that is enacted and relates to residential use, frac sand mining must be listed as a prohibited use.

This bill defines "frac sand" as a type of industrial sand that could be used in deep well applications to prop open rock fissures and increase the flow rate of natural gas or oil.

Under current law, a city, village, town that is authorized to exercise village powers, or county is authorized to enact zoning ordinances that regulate and restrict the height, number of stories, and size of buildings and other structures; the percentage of lot that may be occupied; the size of yards and other open spaces; the density of population; the location and use of buildings, structures, and land for density of population; the location and use of buildings, structures, and land for various purposes; and the areas in which agriculture, industry, mining and other activities may be conducted.