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drilling or hydraulic fracturing for that purpose within any county, city, or other political subdivision. (4) In any manner are in conflict or inconsistent with the provisions of this Article. be eenstfued to ffiedify, atnend, of r-epeal any peAien of this n ft ell u-pAess + end, all pr-evisieas of leeal efdiffa*ees, ineluding these fegWating laffd use, a opted by se:rs� nz� rep: es:cs:rss�;r� cl If a local zoning_ or land -use ordinance imposes requirements, restrictions, or nnnditinnc that are u(-,n(-.rally nnnlicable to development. including. but not limited to, setback, activities would be regulated under the ordinance of general applicability, the operator of the proposed activities may petition the Oil and Gas Commission to review the matter. After receipt of a petition the Commission shall hold a hearing in accordance with the procedures in subsection (d) of this section and shall determine whether or to what extent to preempt the local ordinance to allow for the regulation of oil and gas exploration, development, and production activities. (d) When a petition described in subsection (OLcl� of this section has been filed with the Oil and Gas Mining ^ „a Energy Commission, the Commission shall hold a public hearing to consider the petition. The public hearing shall be held in the affected locality within 60 days after receipt of the petition by the Commission. The Commission shall give notice of the public hearing by both of the following means: (1) Publication in a newspaper or newspapers having general circulation in the county or counties where the activities are to be conducted, once a week for three consecutive weeks, the first notice appearing at least 30 days prior to the scheduled date of the hearing. (2) First -class mail to persons who have requested notice. The Commission shall maintain a mailing list of persons who request notice in advance of the hearing pursuant to this section. Notice by mail shall be complete upon deposit of a copy of the notice in a postage -paid wrapper addressed to the person to be notified at the address that appears on the mailing list maintained by the Commission, in a post office or official depository under the exclusive care and custody of the United States Postal Service. (e) Any interested person may appear before the Oil and Gas Mining and E^°rT <. Commission at the hearing to offer testimony. In addition to testimony before the Commission, any interested person may submit written evidence to the Commission for the Commission's consideration. At least 20 days shall be allowed for receipt of written comment following the hearing. (f) A local zoning or land -use ordinance is presumed to be valid and enforceable to the extent the zoning or land -use ordinance imposes requirements, restrictions, or conditions that are generally applicable to development, including, but not limited to, setback, buffer, and stormwater requirements, unless the Oil and Gas Miring and Energy Commission makes a finding of fact to the contrary. The Commission shall determine whether or to what extent to preempt local ordinances so as to allow for the establishment and operation of the facility no later than 60 days after conclusion of the hearing. The Commission shall preempt a local ordinance only if the Commission makes all of the following findings: (1) That there is a local ordinance that would pFe ibat of have the off et pr-ehibitingTggulate te oil and gas exploration, development, and production S 119 [Ratified] Page 25