Gas resource development locations need to be at sites that minimize adverse impacts on natural resources and the public, with setbacks or separations that are needed to comply with environmental standards, local land use regulations, and requirements of other appropriate authorities. Legislation passed in May 2024 requires DNR to develop siting and setback rules for gas resource development projects.
The siting and setbacks rules that DNR is considering divide surface lands protected by state or federal law into different groups. For example:
Areas where gas resource development is excluded, and subsurface gas resources cannot be altered or developed;
Areas where gas resource development operations cannot disturb the surface, but subsurface gas resource development is otherwise allowed; or,
Areas where subsurface gas resource development is allowed, and gas resource development operations that disturb the surface are allowed, with DNR approval and only if there are no other feasible siting options.
When it comes to determining siting restrictions in certain parts of the state, it is important to note that there is a difference between allowing potential development activities and endorsing those activities. Regardless of whether a project is subject to siting restrictions established by rule, if environmental review determines that gas development would disturb or adversely impact the identified protected surface lands, permitting would require changes to the project, mitigation of impacts or may prohibit development activities altogether.
Finally, some of the recommended siting and setbacks for gas development may limit activities in areas or natural features that are also protected by other federal or state laws. The DNR acknowledges these other regulatory protections and the underlying management authority (in particular, federal protections and land management responsibilities for areas such as the Boundary Water Canoe Area Wilderness). DNR’s siting and setback rules will not supersede these other protections or management authorities, but would instead complement them, and provide an additional level of protection.
Setbacks
Rules that establish setbacks for gas resource development projects say how far gas operations must be from certain protected lands (in contrast to siting rules that regulate activities within those protected lands). The DNR is considering setback requirements that would establish minimum distances between gas resource development operations and buildings and facilities such as public schools, churches, cemeteries, parks, and occupied dwellings (unless allowed by the owner).