§ 155.08  OIL OR GAS WELL PERMIT REQUIRED.
   (A)   Any person, acting for himself or herself or acting as an agent, employee, independent contractor, or servant for any person, shall not engage in the drilling and production of oil or gas wells within the corporate limits of the city without first obtaining an oil or gas well permit issued under this chapter.
   (B)   When an oil or gas well permit has been issued covering a well, the permit shall constitute authority for drilling, operation, production, gathering of production, maintenance, repair, re-working, testing, site preparation consisting of rigs or tank batteries, plugging and abandonment, and any other activity authorized by this chapter associated with drilling or production by the operator and their respective employees, agents, and contractors. An oil or gas well permit shall also constitute authority for the construction and use of all facilities reasonably necessary or convenient in connection therewith, including gathering lines and discharge lines, by the operator and its respective employees, agents, contractors and subcontractors.
   (C)   An oil or gas well permit shall not be required for exploration for gas. Exploration of oil or gas means geologic or geophysical activities, including, but not limited to surveying and seismic exploration, related to the search for oil, gas, or other sub-surface hydrocarbons.
   (D)   Any well that has been annexed into the city shall be required to meet the requirements of this chapter and shall apply for an oil or gas well permit on the effective date of the annexation. Any well that has obtained an oil or gas well permit issued by the city prior to the effective date of this chapter shall provide all information required for oil or gas well permits under this chapter unless the information has been previously provided to the city. Oil or gas well permits issued prior to the effective date of this chapter shall comply with the following requirements:
      (1)   Standards for oil or gas well drilling and production requirements of this chapter.
      (2)   Insurance and security requirements of this chapter.
      (3)   Periodic reports as required by this chapter.
      (4)   Road maintenance agreement unless already provided.
      (5)   Notice of activity requirements of this chapter.
   (E)   An oil or gas well permit shall not, however, constitute authority for the re-entering and drilling of an abandoned well. Re-entry and drilling of an abandoned well shall require a new oil or gas well permit.
   (F)   Applications for oil or gas well permits shall be in writing, shall be on forms provided by the city staff; shall be signed by the operator; shall include the application fee; and shall include a copy of the applicable conditional use permit; and development plat.
   (G)   An oil or gas permit shall not be issued until such time that the operator has filed a vehicle route map indicating the route that will be used by all vehicles associated with drilling and or production in excess of 3 tons.
   (H)   An oil or gas well permit shall not be issued until such time that the operator and the city have entered into an acceptable road maintenance agreement that includes provisions for a pre-drilling road condition evaluation study and a post-drilling road condition evaluation study. The studies shall be prepared by a professional engineer and shall be paid for by the operator. The propose of the studies is to evaluate the condition of the vehicle routes used by the operator in order to determine the extent of damage, if any, caused by drilling operations of the operator.
   (I)   Before drilling and setting casing in any well for oil and gas within the corporate limits of the city, the permit applicant must contact the city and the governing body of potable public water supplies and obtain letters stating where the fresh water sands are to found in the area or field in which the well is to be drilled. A copy of the governing body of potable water supplies letter must be filed with the city and the permit applicant must set sufficient surface casing as required. Failure to file such letter shall be unlawful and shall be punishable as such.
(Ord. 618, passed 3-20-2006)  Penalty, see § 155.99