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Yes, it is possible that the mineral ownership may be different than surface ownership. A deed/title search may be necessary for one to determine who actually owns the minerals under a piece of property.
The City does not provide advice about leasing private property for gas exploration and drilling. Information provided by the City addresses general issues related to gas drilling and is not intended to provide advice on specific legal matters. To report any complaints related to the actions of a landman, you may contact:
American Association of Professional Landmen4200 Fossil Creek BoulevardFort Worth, TX 76137
If a gas well operator is applying to site a new location for the drilling and production of natural gas, they are required to notify the public living within 1,000 feet of the site at least 20 days prior to filing the Gas Well Development Site Plan application.
Additional requirements for publishing in the newspaper and putting up signage are summarized in the Gas Well Notification Requirements (PDF).
Please contact the Gas Well Inspections Division at 940-349-8619 for general inquiries and concerns. After-hours calls should be directed to the non-emergency Police desk at 940-349-8181.
In May 2015, the state approved House Bill 40 providing the state with exclusive jurisdiction over gas well drilling and production activities, expressly pre-empting municipalities from regulating such activities, except for a few certain aspects of aboveground activity. The State provided limited regulation to local governments to regulate aboveground activity related to an oil and gas operation or that which occurs at or above the surface of the ground, including fire and emergency response, traffic, lights, noise, notice, reasonable setback requirements, and other aboveground activities, such as inspecting for air and water emissions; however, any irregularities in emissions are reported to the appropriate agency.
In addition, under HB 40, local government regulations must meet all of the following four factors:
The two main state agencies regulating gas well production and drilling are:
The City of Denton's first Gas Well Ordinance was adopted on December 4, 2001, as part of the zoning code and subdivision and land development code. Since its adoption, the City as amended its Gas Well Ordinance from time to time to address land-use compatibility concerns for gas well drilling and production activities. The ordinance includes provisions addressing safety, noise levels, setbacks, lighting, traffic, dust, other nuisances, and so forth.
After extensive analysis and review, public hearings and careful consideration, the City Council adopted the Gas Well Ordinance (2015-233) on August 4, 2015, to reconcile the local ordinance with state law following the passage of House Bill 40 in May 2015.
The City performs regular inspections on wells within the City limits to ensure compliance with the City's Gas Well Ordinance (19-2131), Municipal Code, and Fire Code. The City also responds to questions, concerns, or complaints about a natural gas well that are reported.
Requirements for gas well development can be found in Denton Development Code subchapter 6. New wells are required to provide an Erosion and Sediment Control Plan for review as part of the review process. See Gas Well Erosion and Sediment Control Plan guidance document.
There are currently 293 wells within Denton’s corporate city limits and 203 wells within the Division I area of its Extraterritorial Jurisdiction (ETJ).More information about gas well site locations can be found under the Gas Well Locator Map.
Current estimations project that some wells may produce for 20 to 30 years, depending on the quality of formation. The production capability of older wells may reduce this lifespan and new technology may help to increase the duration of production for newer wells.
The City does not provide advice about leasing private property for gas exploration and drilling. Information provided by the City addresses general issues related to gas drilling and mineral leases and is not intended to provide advice on any specific legal matter or factual situation. This information is not intended to create and its receipt does not constitute a lawyer-client relationship. Readers should not act upon this information without seeking professional legal counsel.
Gas companies offering leases for gas exploration and drilling for privately owned minerals, including those with the words “City of Denton" as part of their name or logo, are not associated with or endorsed by the City of Denton.
An operator must provide written notice to all dwellings within 1,000 feet of the boundary site not more than 30 days or less than 10 days from the start of activities, including drilling, completion or re-completion, P&A, any other activity that requires removal of the wellhead, or seismic exploration not involving explosive charges.
A sign must be posted at the entrance of the site giving the public notice. More details can be found in the Gas Well Notification Requirements (PDF).
Electronic notice to the City is also required and is posted and found through the Gas Well Locator Map.
A 300-foot-by-300-foot pad generally will be prepared and a drilling rig will move onto the location. The drilling rig will be on site for approximately 20 to 30 days per gas well actually "drilling" the well and running pipe into the open hole; pad sites may contain multiple gas wells. After the well is drilled, the drilling rig will move off the site. The rig move and drilling is a 24-hour operation and the noisiest part of the operation. Shortly thereafter, well "completion" will begin and a smaller portable rig will move onto the location. After completion operations, surface equipment will be installed along with appropriate fencing and gates. From this point there will be minimal activity on the location. Occasionally a small rig will be brought to the location for remedial work.
The Fire Department requires operators to provide a Hazardous Materials Management Plan and an Emergency Response Plan to the Fire Marshal. Any updates or changes to the filed plan must be provided within three business days of the change.
Public safety officials respond to gas well emergencies using an all-hazards approach and collaborate with other agencies to train and prepare for such emergencies.
On December 12, 2015, the City of Denton hosted a seminar on how gas well emergencies are effectively managed with the Denton Independent School District (DISD) and provided an opportunity for the public to ask questions. View the Managing Gas Well Emergencies video.
In accordance with the Denton Development Code Section DCA19-0009e:
All wells shall be plugged and abandoned in accordance with the rules of the RRC; however, all well casings shall be cut and removed to a depth of at least ten feet below the surface unless the surface owner submits a written agreement otherwise. Three feet shall be the minimum depth.
A sudden, violent escape of gas and oil (and sometimes water) from a drilling well when high pressure gas is encountered and efforts to prevent or to control the escape has not been successful.
A Blow Out Preventer (BOP) is a device attached immediately above the casing to control the pressure and prevent escape of fluids from the annular space between the drill pipe and casing or shut off the hole if no drill pipe is in the hole, should a kick or blowout occur. These devices are pressure tested between 3,500 to 5,000 pounds per square inch (PSI) when installed and every two weeks afterwards. They also have remote control valves to operate from a safe distance if needed.
A mineral lease is a contractual agreement between two entities, the owner of a mineral estate and another party, usually an oil and gas company. The lease gives the oil and gas company or individual the right to explore for and develop the minerals that might be found underneath an area described in the lease. When property owners (the lessor) sign a lease, they essentially become a partner with the company (the lessee).
Natural gas is transported via buried gas lines located in and around the Metroplex. Most of these lines have been in existence for 30 years. These lines are inspected, are pressure tested on an annual basis, and are buried below the ground level a federally mandated minimum of 3 feet. These lines are all clearly marked with pipe markers that are normally bright yellow markings with the company name and emergency phone numbers.
For more information regarding federal pipeline regulations, visit the U.S. Government Printing Office website to view Title 49, Subtitle B, Chapter I, Subchapter D-Pipeline Safety.
Fracturing is a means of opening the Barnett Shale formation up by the use of hydraulic horse power and fresh water. The fresh water stored in frac pits is typically pumped in stages into the Barnett Shale formation. Once the fracture (opening of rock) has been created by this force then sand is mixed with the fresh water and other ingredients and pumped into these fractures to help prevent the fracture from closing back once the hydraulic force is reduced. By packing or filling of these fractures with sand, this will allow the natural formation to produce into the new drilled well bore (hole) and bring gas to surface.
Seismic exploration is the search for deposits of crude oil, natural gas, and minerals. It consists of a seismic data set measured and recorded with reference to a particular area of the Earth's surface, to evaluate the subsurface. During the process, artificial seismic energy is generated on land and transmitted via seismic wave energy into the subsurface rock layers. Seismic waves reflect and refract off subsurface rock formations and travel back to acoustic receivers called geophones (on land) or hydrophones (in water). The travel times of the returned energy, aid in estimating the structure and stratigraphy of subsurface formations.
The Barnett Shale is a large natural gas reserve encompassing more than 5,000 square miles and including portions of at least 18 counties in North Texas. Many experts believe the Barnett Shale may be the largest onshore natural gas field in the United States, estimated to contain more than 26 trillion cubic feet of natural gas. In recent years, advances in drilling technology have made it possible for energy companies to extract large amounts of natural gas from the Barnett Shale.