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Residents raise land-use questions about prime farmland rules and report possible un-permitted excavation near utility lines
Summary
Two public commenters spoke to the board: one asked how county land-use rules affect prospective Amish buyers and prime farmland restrictions; another reported a contractor's after-hours excavation that risked disturbing fiber-optic utilities and asked for enforcement.
During the public-comment period at the Sept. 16 meeting, two residents raised separate land-use concerns for the board to note.
Amish settlement and prime farmland rules
Arlen Peterson of Houston (public comment) described selling 95 acres within two miles of Spring Grove to an Amish buyer and asked how county rules on subdivisions, "quarter-quarter" siting and prime farmland designations would affect the buyer's ability to build a dwelling. Peterson said the buyer intended to build a single dwelling (not subdivide initially), and he relayed that county staff (Amelia) had spoken with the prospective buyer and did not identify regulatory barriers for a single dwelling on the parcel.
County staff informed Peterson during public comment that building a single dwelling on a qualifying quarter-quarter is generally allowed where zoning rules are met and that builders must follow the county's prime-farmland and quarter-quarter rules; staff said a conditional-use permit would be required if the buyer sought to split off less than 40 acres from prime farmland.
Alleged contractor excavation and utility risk
Steve Hartwick of Money Creek Township raised a separate public-safety concern about an after-hours excavation near Highway 16 that he said threatened to expose fiber-optic cable serving emergency-call (9-1-1) and local cell-tower communications. Hartwick said a locate ticket had been requested for Sept. 17 but that a crew appeared on-site and began dozer work earlier without visible signage and without the required locate in place. He reported contacting the deputy on duty; the deputy reportedly responded and noted the action.
Hartwick asked the board to investigate and consider stopping the contractor's work until proper locates and signage were in place. He said the access had been shifted from the west side of a property to the east side placing the new opening within about 75 feet of an existing drive when the permit required 150 feet separation.
What the county said
The board did not take action during public comment, but staff acknowledged the issues and recommended follow-up with county engineering, planning and the sheriff's office to confirm compliance with locates, driveway separation rules and any needed enforcement.
Why it matters
Peterson's comment highlights how county subdivision, agricultural and prime-farmland rules can affect land purchases and housing choices in rural areas. Hartwick's comment raised a public-safety issue: contractors working without locates can expose buried communications or utility infrastructure that serve emergency services and nearby towns.
Next steps
County staff said they would follow up on both comments: planning staff will continue one-on-one conversations with the buyer and agent about quarter-quarter/prime-farmland constraints and engineering/staff will investigate the reported excavation and ensure required locates and traffic controls are in place.
