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Environmental Health Division
Gas Well and Exploratory Boring Expedited Rulemaking
In 2026, the Minnesota legislature passed a law authorizing the Minnesota Department of Health (MDH) to adopt rules for gas wells and exploratory borings that encounter gas. Proposed rules must:
- Address both hydrocarbon and nonhydrocarbon gases.
- Distinguish between types of gas based on risk posed to:
- Groundwater quality.
- Health.
- Safety.
- Include a prohibition against:
- Hydraulic fracturing treatment.
- The injection or disposal of surface water, groundwater or any other liquid, gas, or chemical except for approved drilling fluids.
- Specify requirements for when gas encountered is different from what was proposed.
- Develop requirements for licensing and certification, registration, gas wells, and exploratory borings that encounter gas.
MDH is authorized to use an expedited process for these rules and must publish the notice of intent to adopt expedited rules by May 22, 2028. Until rules are adopted, and the Minnesota legislature enacts authority for the Minnesota Department of Natural Resources to issue Gas Resources Development Permits and collect associated fee, there is a temporary moratorium on constructing gas wells.
Once the moratorium is lifted, gas wells can only be constructed:
- For the purposes of extracting or producing helium, and
- Only in Cook, Lake, and St. Louis Counties.
How to Comment
MDH welcomes and encourages comments on this rulemaking. Please submit comments using the online form.
Schedule
| Dates | Task(s) |
|---|---|
| May 2026 | Law passed authorizing expedited rulemaking on gas wells and exploratory borings that encounter gas. |
| July 2026 | Funding becomes available for rulemaking activities. |
| TBD | Please check back for updates regarding public meeting notices |
| May 2028 | Notice of Intent to Adopt expedited rule must be published in the State Register. |
References
2026 Legislative Changes Presentation (Gas Wells and Exploratory Borings) (PDF)
Environmental Quality Board Gas Rulemaking
Department of Natural Resources Gas Rulemaking
Gas Resource Technical Advisory Committee (GTAC)
Rulemaking contacts
Questions regarding the rulemaking process or the revised rules may be directed to:
Avery Guertin or Jon Olson
wellrules.mdh@state.mn.us
651-201-4600 or 800-393-9808