County officials had been concerned that there would have been an influx of permits if the ballot measure had passed.
Election Day Marks the latest chapter in a long, bitter and expensive debate that could have a ripple effect in other energy rich states.
“The county is committed to fairness in its regulation of oil and gas development,” Board Chair Mary Hodge said.
If it passes, Proposition 112 would require any new oil and gas development not on federal land to be set back about a half-mile from homes and "vulnerable areas.”
Proposition 112 would require that new oil and gas wells be at least 2,500 feet from occupied buildings and would allow local governments to enact even greater setbacks.
Justices heard oral arguments in the high-stakes case but did not say when they would rule.
Voters will have to decide the virtues and vices of establishing a 2,500-foot buffer between well and buildings in November.
The November ballot measure, which would compensate private landowners if government drilling limits diminished their property values, is largely funded by the oil and gas industry.
Will the distance between oil and gas development and homes, rivers and schools increase by a factor of five? That's up to voters.
Westmoreland Coal Co. has more than $1.4 billion in debt amid declining demand for the fuel.