Ohio § 1509.021
Full text of Ohio Ohio Revised Code § 1509.021, with citation guidance and answers to common questions.
§ 1509.021.
On and after June 30, 2010, all of the following apply: (A) The surface location of a new well or a tank battery of a well shall not be within
one hundred fifty feet of an occupied dwelling that is located in an urbanized area
unless the owner of the land on which the occupied dwelling is located consents in
writing to the surface location of the well or tank battery of a well less than one
hundred fifty feet from the occupied dwelling and the chief of the division of oil
and gas resources management approves the written consent of that owner. However, the chief shall not approve the written consent of such an owner when the
surface location of a new well or a tank battery of a well will be within one hundred
feet of an occupied dwelling that is located in an urbanized area. (B) The surface location of a new well shall not be within one hundred fifty feet from
the property line of a parcel of land that is not in the drilling unit of the well
if the parcel of land is located in an urbanized area and directional drilling will
be used to drill the new well unless the owner of the parcel of land consents in writing
to the surface location of the well less than one hundred fifty feet from the property
line of the parcel of land and the chief approves the written consent of that owner. However, the chief shall not approve the written consent of such an owner when the
surface location of a new well will be less than one hundred feet from the property
line of the owner's parcel of land that is not in the drilling unit of the well if
the parcel of land is located in an urbanized area and directional drilling will be
used. (C) The surface location of a new well shall not be within two hundred feet of an occupied
dwelling that is located in an urbanized area and that is located on land that has
become part of the drilling unit of the well pursuant to a mandatory pooling order
issued under section 1509.27 of the Revised Code unless the owner of the land on which the occupied dwelling is located consents in
writing to the surface location of the well at a distance that is less than two hundred
feet from the occupied dwelling. However, if the owner of the land on which the occupied dwelling is located provides
such written consent, the surface location of the well shall not be within one hundred
feet of the occupied dwelling. If an applicant cannot identify an owner of land or if an owner of land is not responsive
to attempts by the applicant to contact the owner, the applicant may submit an affidavit
to the chief attesting to such an unidentifiable owner or to such unresponsiveness
of an owner and attempts by the applicant to contact the owner and include a written
request to reduce the distance of the location of the well from the occupied dwelling
to less than two hundred feet. If the chief receives such an affidavit and written request, the chief shall reduce
the distance of the location of the well from the occupied dwelling to a distance
of not less than one hundred feet. (D) Except as otherwise provided in division (L) of this section, the surface location
of a new well shall not be within one hundred fifty feet of the property line of a
parcel of land that is located in an urbanized area and that has become part of the
drilling unit of the well pursuant to a mandatory pooling order issued under section 1509.27 of the Revised Code unless the owner of the land consents in writing to the surface location of the well
at a distance that is less than one hundred fifty feet from the owner's property line. However, if the owner of the land provides such written consent, the surface location
of the well shall not be within seventy-five feet of the property line of the owner's
parcel of land. If an applicant cannot identify an owner of land or if an owner of land is not responsive
to attempts by the applicant to contact the owner, the applicant may submit an affidavit
to the chief attesting to such an unidentifiable owner or to such unresponsiveness
of an owner and attempts by the applicant to contact the owner and include a written
request to reduce the distance of the location of the well from the property line
of the owner's parcel of land to less than one hundred fifty feet. If the chief receives such an affidavit and written request, the chief shall reduce
the distance of the location of the well from the property line to a distance of not
less than seventy-five feet. (E) The surface location of a new tank battery of a well shall not be within one hundred
fifty feet of an occupied dwelling that is located in an urbanized area and that is
located on land that has become part of the drilling unit of the well pursuant to
a mandatory pooling order issued under section 1509.27 of the Revised Code unless the owner of the land on which the occupied dwelling is located consents in
writing to the location of the tank battery at a distance that is less than one hundred
fifty feet from the occupied dwelling. However, if the owner of the land on which the occupied dwelling is located provides
such written consent, the location of the tank battery shall not be within one hundred
feet of the occupied dwelling. If an applicant cannot identify an owner of land or if an owner of land is not responsive
to attempts by the applicant to contact the owner, the applicant may submit an affidavit
to the chief attesting to such an unidentifiable owner or to such unresponsiveness
of an owner and attempts by the applicant to contact the owner and include a written
request to reduce the distance of the location of the tank battery from the occupied
dwelling to less than one hundred fifty feet. If the chief receives such an affidavit and written request, the chief shall reduce
the distance of the location of the tank battery from the occupied dwelling to a distance
of not less than one hundred feet. (F) Except as otherwise provided in division (L) of this section, the location of a new
tank battery of a well shall not be within seventy-five feet of the property line
of a parcel of land that is located in an urbanized area and that has become part
of the drilling unit of the well pursuant to a mandatory pooling order issued under section 1509.27 of the Revised Code unless the owner of the land consents in writing to the location of the tank battery
at a distance that is less than seventy-five feet from the owner's property line. However, if the owner of the land provides such written consent, the location of
the tank battery shall not be within the property line of the owner's parcel of land. If an applicant cannot identify an owner of land or if an owner of land is not responsive
to attempts by the applicant to contact the owner, the applicant may submit an affidavit
to the chief attesting to such an unidentifiable owner or to such unresponsiveness
of an owner and attempts by the applicant to contact the owner and include a written
request to reduce the distance of the location of the tank battery from the property
line of the owner's parcel of land to less than seventy-five feet. If the chief receives such an affidavit and written request, the chief shall reduce
the distance of the location of the tank battery from the property line, provided
that the tank battery shall not be within the property line of the owner's parcel
of land. (G) For purposes of divisions (C) to (F) of this section, written consent of an owner
of land may be provided by any of the following: (1) A copy of an original lease agreement as recorded in the office of the county recorder
of the county in which the occupied dwelling or property is located that expressly
provides for the reduction of the distance of the location of a well or a tank battery,
as applicable, from an occupied dwelling or a property line; (2) A copy of a deed severing the oil or gas mineral rights, as applicable, from the
owner's parcel of land as recorded in the office of the county recorder of the county
in which the property is located that expressly provides for the reduction of the
distance of the location of a well or a tank battery, as applicable, from an occupied
dwelling or a property line; (3) A written statement that consents to the proposed location of a well or a tank battery,
as applicable, and that is approved by the chief. For purposes of division (G)(3) of this section, an applicant shall submit a copy
of a written statement to the chief. (H) For areas that are not urbanized areas, the surface location of a new well shall
not be within one hundred feet of an occupied private dwelling or of a public building
that may be used as a place of assembly, education, entertainment, lodging, trade,
manufacture, repair, storage, or occupancy by the public. This division does not apply to a building or other structure that is incidental
to agricultural use of the land on which the building or other structure is located
unless the building or other structure is used as an occupied private dwelling or
for retail trade. (I) The surface location of a new well shall not be within one hundred feet of any other
well. However, an applicant may submit a written statement to request the chief to authorize
a new well to be located at a distance that is less than one hundred feet from another
well. If the chief receives such a written statement, the chief may authorize a new well
to be located within one hundred feet of another well if the chief determines that
the applicant satisfactorily has demonstrated that the location of the new well at
a distance that is less than one hundred feet from another well is necessary to reduce
impacts to the owner of the land on which the well is to be located or to the surface
of the land on which the well is to be located. (J) For areas that are not urbanized areas, the location of a new tank battery of a well
shall not be within one hundred feet of an existing inhabited structure. (K) The location of a new tank battery of a well shall not be within fifty feet of any
other well. (L) The location of a new well or a new tank battery of a well shall not be within fifty
feet of a stream, river, watercourse, water well, pond, lake, or other body of water. However, the chief may authorize a new well or a new tank battery of a well to be
located at a distance that is less than fifty feet from a stream, river, watercourse,
water well, pond, lake, or other body of water if the chief determines that the reduction
in the distance is necessary to reduce impacts to the owner of the land on which the
well or tank battery of a well is to be located or to protect public safety or the
environment. (M) The surface location of a new well or a new tank battery of a well shall not be within
fifty feet of a railroad track or of the traveled portion of a public street, road,
or highway. This division applies regardless of whether the public street, road, or highway
has become part of the drilling unit of the well pursuant to a mandatory pooling order
issued under section 1509.27 of the Revised Code . (N) A new oil tank shall not be within three feet of another oil tank. (O) The surface location of a mechanical separator shall not be within any of the following: (1) Fifty feet of a well; (2) Ten feet of an oil tank; (3) One hundred feet of an existing inhabited structure. (P) A vessel that is equipped in such a manner that the contents of the vessel may be
heated shall not be within any of the following: (1) Fifty feet of an oil production tank; (2) Fifty feet of a well; (3) One hundred feet of an existing inhabited structure; (4) If the contents of the vessel are heated by a direct fire heater, fifty feet of a
mechanical separator.
Frequently Asked Questions About Ohio § 1509.021
What does Ohio Revised Code § 1509.021 cover?
Section 1509.021 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 1509.021?
A common citation format is "Ohio Revised Code § 1509.021" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 1509.021 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.