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Happy Valley resident urges Eddy County to require 2,640-foot oil-and-gas setbacks

Eddy County Board of Commissioners · May 5, 2026
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Summary

Jeannie Nichols asked the Eddy County Board of Commissioners to amend Ordinance O-1975-5 to ban oil-and-gas drilling within 2,640 feet of homes, businesses, churches and schools, and to add criminal and civil penalties; commissioners heard the proposal but took no formal action.

Jeannie Nichols, a Happy Valley resident, urged the Eddy County Board of Commissioners on May 5 to amend Ordinance O-1975-5, which she said was adopted in 1975 and has not been updated, to require that oil-and-gas wells be sited at least 2,640 feet from residences, mercantile establishments, churches and schools.

Nichols described two oil pads near her home and said a proposed drill site was "approximately 400 ft" from her house; she told commissioners she felt unsafe living there. She asked that the amended ordinance include misdemeanor fines or jail time for violators, civil penalties or other remedies to halt operations that "interfere with public rights or public safety," and a written guarantee that residents would have an option to seek civil-court protection if needed.

The proposal was presented during the trailing agenda item on a discussion of a proposed amendment to O-1975-5; no motion or ordinance language was introduced and no vote was taken. Chair James (Bo) Bowen later thanked Nichols for attending and said she had been "heard." Commissioners did not schedule a first reading, referral to staff, or a formal hearing on the proposed amendment during the meeting.

Background provided by Nichols at the meeting indicated the county's existing ordinance dates to 1975 and, according to her account, allowed siting of new oilfield activity within a few hundred feet of homes. Nichols requested criminal and civil enforcement tools to give residents a clearer path for relief.

Next steps: The board did not take action on the proposal on May 5. Any change to county ordinance would require formal drafting, a public hearing or hearings, and subsequent commission votes before becoming law.