Pa. Cons. Stat. » 58 Pa. Cons. Stat. (OIL AND GAS) / Chapter 33
Pennsylvania Consolidated Statutes

58 Pa. Cons. Stat. § 3304 (2026)

 Uniformity of local ordinances.

✓ current as of May 2026
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§ 3304.  Uniformity of local ordinances.

(a)  General rule.--In addition to the restrictions contained in sections 3302 (relating to oil and gas operations regulated pursuant to Chapter 32) and 3303 (relating to oil and gas operations regulated by environmental acts), all local ordinances regulating oil and gas operations shall allow for the reasonable development of oil and gas resources.

(b)  Reasonable development of oil and gas resources.--In order to allow the for the reasonable development of oil and gas resources, a local ordinance:

(1)  Shall allow well and pipeline location assessment operations, including seismic operations and related activities conducted in accordance with all applicable Federal and State laws and regulations relating to the storage and use of explosives throughout every local government.

(2)  May not impose conditions, requirements or limitations on the construction of oil and gas operations that are more stringent than conditions, requirements or limitations imposed on construction activities for other industrial uses within the geographic boundaries of the local government.

(3)  May not impose conditions, requirements or limitations on the heights of structures, screening and fencing, lighting or noise relating to permanent oil and gas operations that are more stringent than the conditions, requirements or limitations imposed on other industrial uses or other land development within the particular zoning district where the oil and gas operations are situated within the local government.

(4)  Shall have a review period for permitted uses that does not exceed 30 days for complete submissions or that does not exceed 120 days for conditional uses.

(5)  Shall authorize oil and gas operations, other than activities at impoundment areas, compressor stations and processing plants, as a permitted use in all zoning districts.

(5.1)  Notwithstanding section 3215 (relating to well location restrictions), may prohibit, or permit only as a conditional use, wells or well sites otherwise permitted under paragraph (5) within a residential district if the  well site cannot be placed so that the wellhead is at least 500 feet from any existing building. In a residential district, all of the following apply:

(i)  A well site may not be located so that the outer edge of the well pad is closer than 300 feet from an existing building.

(ii)  Except as set forth in paragraph (5) and this paragraph, oil and gas operations, other than the placement, use and repair of oil and gas pipelines, water pipelines, access roads or security facilities, may not take place within 300 feet of an existing building.

(6)  Shall authorize impoundment areas used for oil and gas operations as a permitted use in all zoning districts, provided that the edge of any impoundment area shall not be located closer than 300 feet from an existing building.

(7)  Shall authorize natural gas compressor stations as a permitted use in agricultural and industrial zoning districts and as a conditional use in all other zoning districts, if the natural gas compressor building meets the following standards:

(i)  is located 750 feet or more from the nearest existing building or 200 feet from the nearest lot line, whichever is greater, unless waived by the owner of the building or adjoining lot; and

(ii)  the noise level does not exceed a noise standard of 60dbA at the nearest property line or the applicable standard imposed by Federal law, whichever is  less.

(8)  Shall authorize a natural gas processing plant as a permitted use in an industrial zoning district and as conditional uses in agricultural zoning districts if all of the following apply:

(i)  The natural gas processing plant building is located at the greater of at least 750 feet from the nearest existing building or at least 200 feet from the nearest lot line unless waived by the owner of the building or adjoining lot.

(ii)  The noise level of the natural gas processing plant building does not exceed a noise standard of 60dbA at the nearest property line or the applicable standard imposed by Federal law, whichever is less.

(9)  Shall impose restrictions on vehicular access routes for overweight vehicles only as authorized under 75 Pa.C.S. (relating to vehicles) or the MPC.

(10)  May not impose limits or conditions on subterranean operations or hours of operation of compressor stations and processing plants or hours of operation for the drilling of oil and gas wells or the assembly and disassembly of drilling rigs.

(11)  May not increase setback distances set forth in Chapter 32 (relating to development) or this chapter. A local ordinance may impose setback distances that are not regulated by or set forth in Chapter 32 or this chapter if the setbacks are no more stringent than those for other industrial uses within the geographic boundaries of the local government.

 

Cross References.  Section 3304 is referred to in section 3301 of this title.

Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 2012–2025 · leading case: Robinson Twp. v. Commonwealth, 83 A.3d 901 (Pa. 2013).
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Robinson Twp. v. Commonwealth, 83 A.3d 901 (Pa. 2013). · cites it 10× “58 Pa.C.S. § 3304. Reviewing the amended Act, few could seriously dispute how remarkable a revolution is worked by this legislation upon the existing zoning regimen in Pennsylvania, including residential zones.”
Robinson Twp. v. Commonwealth, 52 A.3d 463 (Pa. Commw. Ct. 2012). · cites it 21× “§ 3241, and requires uniformity of local ordinances, 58 Pa.C.S. § 3304. Petitioners allege that they have close to 150 unconventional 9 Marcellus Shale wells drilled within their borders, and Act 13 prevents them from fulfilling their constitutional and statutory obligations to…”
Robinson Twp. v. Commonwealth, 147 A.3d 536 (Pa. 2016). · cites it 2× “58 Pa.C.S. § 3304. . See 58 P.S. § 601.205(a) (repealed April 12, 2012).”
D. Frederick, P. Hagaman, & B. Taylor v. Allegheny Twp. ZHB v. CNX Gas Co., LLC. v. Allegheny Twp. v. J.H. Slike & A.E. Slike, Northmoreland Farms LP v. M. Golembeiwski, 196 A.3d 677 (Pa. Commw. Ct. 2018). “58 Pa.C.S. § 3304. The general rule is that the moving party carries the burden of proving that an ordinance is unconstitutional.”
Kretschmann Farm, LLC v. Twp. of New Sewickley, 131 A.3d 1044 (Pa. Commw. Ct. 2016). “3d 901 , the Pennsylvania Supreme Court held that a single, statewide zoning standard for oil and gas operations in every zoning district in the Commonwealth, as specified in Section 3304 of Act 13, 58 Pa.C.S. § 3304, violated Article I, Section 27 of the Penn *1059 sylvania…”
Geryville Materials, Inc. v. Plan. Comm'n of Lower Milford Twp., 74 A.3d 322 (Pa. Commw. Ct. 2013). “§§ 2301-3504 (58 Pa.C.S. § 3304 declared unconstitu *327 tional, null and void in Robinson Township v.”
Gorsline v. Bd. of Supervisors of Fairfield Twp., 186 A.3d 375 (Pa. 2018). “Nor does Robinson Township preclude the conditional use the Board permitted here.”
Kretschmann Farm, LLC v. Twp. of New Sewickley & Bd. of Supervisors of New Sewickley Twp. v. Cardinal PA Midstream, LLC & PennEnergy Resources, LLC (Pa. Commw. Ct. 2016). “3d 901 , the Pennsylvania Supreme Court held that a single, statewide zoning standard for oil and gas operations in every zoning district in the Commonwealth, as specified in Section 3304 of Act 13, 58 Pa. C.S. §3304, violated Article I, Section 27 of the Pennsylvania…”
The Gun Range, LLC v. City of Philadelphia (Pa. Commw. Ct. 2018). “7 58 Pa.C.S. §3304(b)(3). 8 PA. CONST., art.”
Gorsline, B. v. Bd. of Sup. of Fairfield Twp (Pa. 2018). “1)(1) (“Land subject to preferential assessment may be leased or otherwise devoted to exploration for and removal of gas and oil . . . .”). Nor does Robinson Township preclude the conditional use the Board permitted here.”
City of Lancaster v. PA PUC (Pa. Commw. Ct. 2020). “Comparatively, this is in stark contrast to the facial challenge that there would be unavoidable and inevitable consequences to the environment from the oil and gas operations conducted under section 3304 of Act 13 of 2012,10 58 Pa.C.S. §3304, and the lack of adequate measures…”
C. Lodge v. Robinson Twp. ZHB v. Robinson Twp. (Pa. Commw. Ct. 2022). “4 Objectors argued that Ordinance 1-2014 is invalid because it does not promote the public health, 3 In Robinson Township, the Supreme Court held that a single, statewide zoning standard for oil and gas operations in every zoning district in the Commonwealth, as specified in…”
Show all 13 citing cases →
— 58 Pa. Cons. Stat. § 3304(a) — 1 case
Robinson Twp. v. Commonwealth, 83 A.3d 901 (Pa. 2013). “58 Pa.C.S. § 3304. Reviewing the amended Act, few could seriously dispute how remarkable a revolution is worked by this legislation upon the existing zoning regimen in Pennsylvania, including residential zones.”
— 58 Pa. Cons. Stat. § 3304(b) — 3 cases
Robinson Twp. v. Commonwealth, 83 A.3d 901 (Pa. 2013). “58 Pa.C.S. § 3304. Reviewing the amended Act, few could seriously dispute how remarkable a revolution is worked by this legislation upon the existing zoning regimen in Pennsylvania, including residential zones.”
Gorsline v. Bd. of Supervisors of Fairfield Twp., 186 A.3d 375 (Pa. 2018). “Nor does Robinson Township preclude the conditional use the Board permitted here.”
Gorsline, B. v. Bd. of Sup. of Fairfield Twp (Pa. 2018). “1)(1) (“Land subject to preferential assessment may be leased or otherwise devoted to exploration for and removal of gas and oil . . . .”). Nor does Robinson Township preclude the conditional use the Board permitted here.”
— 58 Pa. Cons. Stat. § 3304(b)(10) — 1 case
Robinson Twp. v. Commonwealth, 83 A.3d 901 (Pa. 2013). “58 Pa.C.S. § 3304. Reviewing the amended Act, few could seriously dispute how remarkable a revolution is worked by this legislation upon the existing zoning regimen in Pennsylvania, including residential zones.”
— 58 Pa. Cons. Stat. § 3304(b)(2) — 1 case
Robinson Twp. v. Commonwealth, 83 A.3d 901 (Pa. 2013). “58 Pa.C.S. § 3304. Reviewing the amended Act, few could seriously dispute how remarkable a revolution is worked by this legislation upon the existing zoning regimen in Pennsylvania, including residential zones.”
— 58 Pa. Cons. Stat. § 3304(b)(3) — 1 case
The Gun Range, LLC v. City of Philadelphia (Pa. Commw. Ct. 2018). “7 58 Pa.C.S. §3304(b)(3). 8 PA. CONST., art.”
— 58 Pa. Cons. Stat. § 3304(b)(7) — 1 case
Robinson Twp. v. Commonwealth, 83 A.3d 901 (Pa. 2013). “58 Pa.C.S. § 3304. Reviewing the amended Act, few could seriously dispute how remarkable a revolution is worked by this legislation upon the existing zoning regimen in Pennsylvania, including residential zones.”
— 58 Pa. Cons. Stat. § 3304(b)(8) — 1 case
Robinson Twp. v. Commonwealth, 83 A.3d 901 (Pa. 2013). “58 Pa.C.S. § 3304. Reviewing the amended Act, few could seriously dispute how remarkable a revolution is worked by this legislation upon the existing zoning regimen in Pennsylvania, including residential zones.”
— 58 Pa. Cons. Stat. § 3304(b)(9) — 1 case
Robinson Twp. v. Commonwealth, 83 A.3d 901 (Pa. 2013). “58 Pa.C.S. § 3304. Reviewing the amended Act, few could seriously dispute how remarkable a revolution is worked by this legislation upon the existing zoning regimen in Pennsylvania, including residential zones.”
— 58 Pa. Cons. Stat. § 3304(b)(ll) — 1 case
Robinson Twp. v. Commonwealth, 147 A.3d 536 (Pa. 2016). “58 Pa.C.S. § 3304. . See 58 P.S. § 601.205(a) (repealed April 12, 2012).”
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