There are no setbacks of shale gas wells in the proposed NYS regs. from property lines – a well could be drilled right next to your property line – cratering your mortgage or homeowner’s insurance, or, if you do not own your mineral rights, right on your property. The “spacing unit” well setbacks in the regulations are based on the mineral rights, not the surface rights. Big difference. Meaning the well has to be set back a certain distance from the next mineral rights boundary – not surface boundary or property line. So if the the surface owner does not own the mineral rights under their property, (the “split estate”) the well could be drilled on their property . . . since there are no specific setbacks in the proposed regulations for a well based on surface property lines.
This lack of protection would of course apply if the surface owner was pushed into the well under Compulsory Integration. Once the spacing unit encroaches on your property, the only setbacks of surface uses are from “dwellings” ie. houses or “places of assembly” – an auditorium. Not from barns, garages, storage sheds, warehouses, factories, hotels, office buildings, play grounds, swimming pools, etc. etc. Under the proposed regulations, a multiple shale gas wells could be drilled on your property right next to any of that – on your property. Or your child’s school. A good advertisement for Home Rule . . .