58 Pa. Cons. Stat. § 3302

Oil and gas operations regulated pursuant to Chapter 32.

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§ 3302. Oil and gas operations regulated pursuant to Chapter 32.

Except with respect to local ordinances adopted pursuant to the MPC and the act of October 4, 1978 (P.L.851, No.166), known as the Flood Plain Management Act, all local ordinances purporting to regulate oil and gas operations regulated by Chapter 32 (relating to development) are hereby superseded. No local ordinance adopted pursuant to the MPC or the Flood Plain Management Act shall contain provisions which impose conditions, requirements or limitations on the same features of oil and gas operations regulated by Chapter 32 or that accomplish the same purposes as set forth in Chapter 32. The Commonwealth, by this section, preempts and supersedes the regulation of oil and gas operations as provided in this chapter.

Special Provisions in Appendix. See section 4 of Act 13 of 2012 in the appendix to this title for special provisions relating to continuation of prior law.

Cross References. Section 3302 is referred to in section 3304 of this title.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 2012–2021 · leading case: Robinson Township v. Commonwealth

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Robinson Township v. Commonwealth (2014) pacommwct · cites it 21× “because it is a special law and/or violates equal protection and violates the single subject rule; 8 • Whether conferring the power of eminent domain upon a corporation empowered to transport, sell, or store natural gas 9 in this Commonwealth to take the property of others for…”

Robinson Township v. Commonwealth (2013) pa “; 58 Pa.C.S. § 3302. Any strictures upon the contents of local ordinances derive from the General Assembly — Act 13 — rather than from the executive branch.”

Seitel Data, Ltd. v. Center Township (2014) pacommwct · cites it 2× “(Seitel) requests equitable and declaratory relief against three different municipalities, seeking to declare invalid or enjoin the enforcement of contractual agreement(s) and/or resolution(s) 2 that allegedly violate due process and equal protection and are preempted by section…”

Robinson Township v. Commonwealth (2012) pacommwct · cites it 2× “The Commonwealth states that Act 13 does not preempt local municipalities’ powers to enact zoning ordinances if they are in accord with 58 Pa.C.S. §§ 3302 and 3304. Unlike 58 Pa.”

D. Frederick, P. Hagaman, and B. Taylor v. Allegheny Twp. ZHB v. CNX Gas Company, LLC. v. Allegheny Twp. v. J.H. Slike a (2018) pacommwct “No local ordinance adopted pursuant to the MPC or the Flood Plain Management Act shall contain provisions that impose conditions, requirements or limitations" on oil and gas operations regulated by the Oil and Gas Act.”

Pennsylvania General Energy Co. v. Grant Township (2015) pawd · cites it 2× “Plaintiff alleges that by the statute’s terms, 58 Pa.C.S. § 3302 of the Oil and Gas Act expressly “supersedes” all local ordinances “purporting to regulate oil and gas operations” related to development unless those ordinances are adopted pursuant to the Flood Plain Management…”

Delaware Riverkeeper Network v. Middlesex Twp. ZHB v. PennEnergy Resources, LLC (2019) pacommwct “58 Pa. C.S. §3302. Although the last sentence of Section 3302 has been declared unconstitutional, this preemption language was left intact.”

Protect PT v. Penn Twp. ZHB v. Olympus Energy LLC (2019) pacommwct “58 Pa. C.S. §3302; Frederick. Rather, a zoning ordinance must balance the public interests of the community with the due process rights of private property owners.”

Com. of PA, DEP v. Grant Twp. of Indiana County & The Grant Twp. Bd. of Supers. (2020) pacommwct “58 Pa.C.S. § 3302 (last sentence stricken as unconstitutional, preemption language left intact).”

Seneca Resources Corp. v. City of St. Marys ZHB (2021) pacommwct “The Ordinance is preempted in whole or in part by the provisions of Section 3302 of Act 13, 58 Pa.C.S. § 3302. 4. The Ordinance results in a de facto taking.”

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