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Commission aligns Dickinson code with state on oil-well permitting; requires site-plan submission and city hearing before NDIC filing

5772003 · September 12, 2025
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Summary

The commission recommended a zoning text amendment to remove conditional-use permitting for oil wells (reflecting state jurisdiction), require submittal of a site plan and a City Commission public hearing before applicants apply to the North Dakota Industrial Commission, and authorize city inspections of well locations.

The Planning and Zoning Commission on Sept. 10 recommended approval of ZTA-005-2025 to align the Dickinson Municipal Code with the North Dakota Century Code and the permitting authority of the North Dakota Industrial Commission (NDIC) for oil-well drilling. Natalie Burczyk, city planner, said the amendment removes a requirement that oil wells obtain a local conditional-use permit and instead renames the section to require submittal of a detailed site plan to city staff. The proposed site-plan submittal must include the information listed in the code (access, setbacks, erosion control, etc.), and the City Commission must hold a public hearing with at least 15 days’ notice; the commission may adopt a resolution identifying additional reasonable requirements to be shared with the NDIC as evidence the city was informed prior to NDIC permitting. The amendment also clarifies the city or its authorized agents may inspect well locations at any time to ensure conformance with NDIC requirements and requires applicants to be deemed to have granted right of entry for those inspections. Burczyk said the change is necessary because the NDIC, not the city, issues oil-well permits; the city will use the site-plan and resolution process to document local concerns and requirements for NDIC consideration. Following a public hearing with no comments, the commission voted to recommend the amendment. The motion recorded states ZTA-005-2025 is consistent with the comprehensive plan and zoning ordinance and in the interest of public health, safety and welfare; the motion carried by voice vote. Staff noted one remaining related code section will be brought forward separately for amendment at a future meeting.