Section 601.205 - Well location restrictions(a) Wells may not be drilled within 200 feet measured horizontally from any existing building or existing water well without the written consent of the owner thereof. Where the distance restriction would deprive the owner of the oil and gas rights of the right to produce or share in the oil or gas underlying said surface tract, the well operator may be granted a variance from said distance restriction upon submission of a plan which shall identify the additional measures, facilities or practices to be employed during well site construction, drilling and operations. The variance, if granted, shall include such additional terms and conditions as the department shall require to insure the safety and protection of affected persons and property. The provisions may include insurance, bonding and indemnification, as well as technical requirements.(b) No well site may be prepared or well drilled within 100 feet measured horizontally from any stream, spring or body of water as identified on the most current 7 1/2 minute topographic quadrangle map of the United States Geological Survey or within 100 feet of any wetlands greater than one acre in size. The department may waive such distance restrictions upon submission of a plan which shall identify the additional measures, facilities or practices to be employed during well site construction, drilling and operations. Such waiver, if granted, shall impose such permit conditions as are necessary to protect the waters of the Commonwealth.(c) The department shall, on making a determination on a well permit, consider the impact of the proposed well on public resources to include, but not be limited to, the following:(1) Publicly owned parks, forests, gamelands and wildlife areas.(2) National or State scenic rivers.(3) National natural landmarks.(4) Habitats of rare and endangered flora and fauna and other critical communities.(5) Historical and archaeological sites listed on the Federal or State list of historic places.1984, Dec. 19, P.L. 1140, No. 223, § 205, effective in 120 days.