A well pad, access road, water line, or pipeline can change how you use your land for decades. A surface use agreement sets the rules for that work: where it goes, how it is built, and what you are paid. Kostrub Law Firm, PLLC has worked with landowners from Cecil Township. This work is one part of our broader energy and oil and gas practice.
What happens after you call: we ask what the company proposed and where, then review the agreement and maps with you.
What a surface use agreement is
A surface use agreement is a contract between a landowner and an oil and gas company about use of the land’s surface. It is separate from the lease, or sometimes attached to it. It often covers
- Location and size of well pads, roads, and storage areas
- Fencing, gates, lighting, and noise
- Timber, crops, livestock, and drainage
- Water use, testing, and replacement
- Restoration when work ends
- Payment for use and for damage
A surface damage agreement is a narrower version that sets payment for specific harm, such as lost crops or cut timber.
A pipeline right-of-way agreement grants a company an easement, a lasting right to use a strip of your land, to build and run a pipeline. These agreements often run with the land forever, so the wording matters a great deal.
Pennsylvania law that matters
- Reasonable use of the surface. In general, the owner or lessee of oil and gas rights may use as much of the surface as is reasonably necessary to produce them. If you do not own the minerals, a written agreement is often your main tool to shape that use. Your lease may also already grant broad surface rights.
- Act 13 notice. Under 58 Pa.C.S. § 3211, an operator applying for a well permit must notify the surface owner and certain nearby water supply owners.
- Setbacks. 58 Pa.C.S. § 3215 sets minimum distances between unconventional wells and existing buildings, water wells, and public water supplies, with some waiver options.
- Water supply protection. 58 Pa.C.S. § 3218 presumes an operator is responsible for pollution of a water supply near an unconventional well within a set time, unless the operator proves otherwise. Baseline testing before drilling helps you use this protection.
- Local zoning. In Robinson Township v. Commonwealth, 83 A.3d 901 (Pa. 2013), the Pennsylvania Supreme Court struck down parts of Act 13 that limited local zoning. Township ordinances may still affect where facilities go.
- Eminent domain. Interstate pipelines with a federal certificate under the Natural Gas Act, 15 U.S.C. § 717f(h), and certain public utility lines can use eminent domain. Most gathering lines cannot, which affects how much leverage you have.
Common situations in Washington and Allegheny counties
- A well pad is proposed on farmland in Cecil, Chartiers, or Robinson Township
- A gathering line company asks for a right-of-way across several parcels
- The company offers a per-foot payment and a short form
- A water line is planned to move water to or from a pad
- An old right-of-way allows “one or more” pipelines with no limits
- Crops, timber, or fencing were damaged, and you need a surface damage agreement
What happens if you don’t act
If you sign a short form, the company may gain broad rights with few duties. Common problems include no limit on the number of lines, no depth for burial, no restoration standard, and the right to assign the easement to any other company. Easements usually last far longer than the payment. Fixing these issues after signing usually requires the company’s consent.
Got a right-of-way or surface agreement to sign? Call (304) 982-1586 · Request a consultationAfter you call, we review the agreement and maps and tell you what we would change.
How we handle it, step by step
- Review the proposal. Agreement, maps, plats, and any related lease.
- Walk the plan with you. We mark where you want work to go and where it must not go.
- Check your rights. We confirm what your deed and lease already allow. Our mineral rights review helps when the surface and gas are owned separately.
- Draft your terms. Location limits, depth of cover, single-line limits, restoration, water testing, indemnity, and payment terms.
- Negotiate. With your approval, we work with the land agent or company.
- Record and follow up. We confirm the final agreement is recorded correctly and that the company meets its restoration duties.
What to bring to your first meeting
- The proposed surface use or right-of-way agreement
- Survey plats, route maps, and offer letters
- Your deed and any existing easements
- Your oil and gas lease, if any
- Photos of the current condition of the land
- Water well records or test results
- A list of uses you want to protect, such as crops, timber, or future building sites
Fees
We explain fees in writing before we begin. We explain how we charge, and what to expect, at your first consultation. A single right-of-way review is scoped differently from a multi-year pad agreement, and we tell you which applies.
Who handles this
Daniel B. Kostrub handles surface use and right-of-way agreements for the firm, along with oil and gas transactions and lease negotiations for landowners. J.D., 2002–2005. Read Daniel Kostrub’s attorney page, or find our office in Cecil Township.
Frequently asked questions
What is a surface use agreement?
It is a contract between a landowner and an oil and gas company that controls how the company uses the land’s surface. It covers the location of pads and roads, fencing, water, restoration, and payment for use and damage. It can protect you even when the lease already grants surface rights.
Do I have to sign a pipeline right-of-way agreement?
Usually not, unless the company has eminent domain power. Interstate pipelines with a federal certificate and certain public utility lines can condemn an easement. Most gathering lines cannot. Ask the company what authority it claims, and have a pipeline easement attorney review the agreement before you agree.
How are pipeline easement payments calculated?
Companies often offer a price per linear foot or per rod, plus damages for crops and timber. Payment terms are negotiable and vary by project. Look beyond the price to the width of the easement, the number of lines allowed, depth of burial, and restoration duties, since those affect your land long term.
What protections should a surface use agreement include?
Common protections include set locations for pads and roads, limits on size, fencing and gates, depth of pipeline cover, topsoil separation, drainage repair, water testing and replacement, noise and lighting limits, restoration standards, and indemnity. The right mix depends on how you use your land.
What is a surface damage agreement?
It is an agreement that sets payment for specific harm caused by oil and gas work, such as lost crops, cut timber, or damaged fences. It can be part of a larger surface use agreement or a stand-alone deal after the damage occurs.
Can I get my water tested before drilling?
Yes, and it is wise. Baseline testing before drilling gives you a record to compare against later. Act 13 includes a presumption that can help owners near unconventional wells, and your agreement can require the operator to pay for testing.
Protect your land before you sign
Call (304) 982-1586 or schedule a surface agreement review. After you call, we review the agreement and maps, walk through your priorities, and explain the changes we would ask for.
This page is general information, not legal advice. Reading it does not create an attorney-client relationship.