Staff proposes replacing special‑use permit for oil wells with public‑hearing resolution to align with NDIC jurisdiction

City planner Natalie Burczyk told the commission the municipal code currently requires a conditional or special‑use permit for oil wells in some zoning districts, but state law and North Dakota Industrial Commission (NDIC) rules govern oil‑well permitting.

Burczyk proposed removing the city's special/conditional permit requirements and instead requiring operators to submit a site plan and obtain a city commission resolution — following a public hearing with at least 15 days’ notice — that documents municipal review and provides feedback to the NDIC. The resolution would accompany an NDIC application and serve as evidence the operator informed the municipality and received municipal input.

The proposal would also remove the inactive local "energy commission" and keep the city’s inspection authority for NDIC‑permitted wells. Burczyk said the change is intended to conform city code to state statute while maintaining municipal input and reasonable local safeguards.

Commissioners asked clarifying questions about whether the city can deny a proposed well once NDIC jurisdiction is invoked; staff and legal counsel explained the NDIC retains primary permitting authority and the proposed approach preserves the city’s ability to require conditions where legally permissible. Staff will draft amendments and present them for further consideration.