Restriction on location of habitable structures

A. After the effective date of this act, it shall be unlawful

to locate any habitable structure within:

1. A radius of one hundred twenty-five (125) feet from the

wellbore of an active well; or

2. A radius of fifty (50) feet from the center of any surface

equipment or other equipment necessary for the operation of an

active well, including, but not limited to, hydrocarbon and brine

storage vessels, tanks, compressors, heaters, separators,

dehydrators, or any other related equipment.

B. Provided, however, the provisions of this section shall not

prohibit an operator and surface owner from agreeing in writing to

setback provisions with distances different from those set forth in

this section.