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Brookings County approves 10-year conditional use permit for Hillestad Farms to mine clay
Summary
The Brookings County Board of Adjustment approved a conditional use permit allowing Hillestad Farms Inc. to mine clay on parcels in Section 28, Oslo Township, with conditions including setbacks, dust control, a road agreement and a 10-year permit that expires May 6, 2035, or when the resource is depleted.
The Brookings County Board of Adjustment voted to approve a conditional use permit May 2025 allowing Hillestad Farms Inc., operated by Rick Hillestad, to mine clay at multiple parcels in Section 28 of Oslo Township.
The permit, granted under Brookings County Zoning Ordinance Article 4 (conditional use number 24 for mineral exploration and extraction), authorizes mining on a ten-year term that expires on May 6, 2035, or sooner if the clay resource is depleted. The board approved the permit after a staff presentation describing proposed haul routes, reclamation plans and mitigation requirements.
Richard Woodridge, county planning staff, told the board the applicant proposed mining on a ridge that will be worked in phases, stockpiling “black dirt” to be returned and the mined areas restored to farmland after operations cease. Woodridge summarized the planned haul routes: when mining the northwest quarter, trucks would use 218th Street and Township gravel roads to 460 Fourth Avenue; when mining the northeast quarter, the route would use 460 Third Avenue to 218th and then to 460 Fourth Avenue. He said a road maintenance agreement with Oslo Township is on file.
Staff described the permit conditions the board imposed: a 200-foot setback from any residence; a 100-foot setback from public rights-of-way; a 50-foot setback from property lines for mining; fuel and equipment storage 300 feet from actively mined areas; dust control (for example, magnesium chloride) on entrances, exits, loading areas or haul roads as required; hours of operation limited to 9 a.m. to 5 p.m. Monday through Friday, with extended hours allowed as needed for weather or the construction season; weed control per South Dakota Codified Law 38-22 with county inspections twice yearly; and prohibition on on-site concrete/asphalt plants, storage of demolition rubble, and on-street parking or equipment storage within the mining area. Staff also noted a state permit may be required if material is used on state or federal jobs, and that other permits (stormwater, flood control, Corps approvals, water rights) remain the applicant's responsibility.
A written comment sent after the public deadline was read into the record by staff. The neighbor, identified as Gail Tovito, raised concerns about truck speeds near residences and requested that dust-control materials not be spread directly in front of her home. No one spoke in person at the public hearing.
Board member Post moved to approve the conditional use permit; Paulson seconded. The board voted unanimously in favor. Roll-call ayes recorded in the transcript were De Groot, Kleinjohn, Kyle Vanderwall, Jornby, Troyan, Storehaug, Post, Paulson and Anne Ford. The permit authorizes the zoning director to issue any required building permits consistent with the conditional-use conditions.
The board's written findings reference compliance with Brookings County Zoning Ordinance Article 4 and the general requirements in Article 5 (chapter 5.31) for mineral exploration and extraction. The decision includes a requirement that if the conditional use is not commenced within three years it will be invalid. The board noted that any state permits required for specific jobs remain the applicant's responsibility.
The county staff will monitor compliance with setbacks, dust and weed-control measures and the road agreement with Oslo Township as the project proceeds.
