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Operators press for clarity as commission reviews industrial-water ordinance
Summary
During a public hearing on proposed rules for industrial water depots and ponds, operators raised concerns that the draft is vague on fencing, lining and permitting burdens; county staff said the rules follow models from other counties and plan to return the draft to zoning for more work.
County planning staff reviewed a proposed amendment to the county zoning ordinance regulating industrial water depots and constructed ponds used in oil-and-gas operations. The draft outlines definitions, setbacks (quarter-mile from residences unless waived, minimum distances from roads and property lines), required weed-control and reclamation bonds for newly constructed facilities, and conditional-use requirements in agricultural districts.
Multiple operators and landowners spoke during the public hearing. Ed Kessel (speaker 10), who said he owns property in Billings County, told the board the draft left “more questions than answers” and asked whether fencing requirements would be NRCS standard and whether the county should require a separate county permit in addition to the state water permit. Kessel said Billings County’s lower water demand compared with counties like McKenzie or Dunn meant the county should adapt, not simply adopt, other counties’ rules.
Planner (speaker 5) responded that the proposed ordinance differentiates between naturally occurring stock ponds (permitted uses) and newly constructed, lined industrial ponds (which would require conditional use permits, setbacks, haul-road agreements and reclamation plans). Commissioners discussed grandfathering existing stock ponds, the conditional-use structure, and timing for issuance; they agreed to send the draft back to the zoning committee for further refinement and to invite operators for detailed consultation before final adoption.
