Halifax County delays mining and quarrying ordinance after agreement with Halifax Aggregates

The Halifax County Board of Commissioners voted on Monday to postpone a legislative hearing on proposed countywide development regulations for mining and quarrying and to accept an agreement with Halifax Aggregates that pauses competing development activity while the county pursues a moratorium.

County counsel Tony Robbins presented the proposed two-page agreement and asked the board to delay further action on the ordinance "for a period of time not to exceed six months," saying Halifax Aggregates had already agreed not to file development applications during that period. "I don't see a downside to doing this," Robbins said.

The agreement Robbins described would have two main elements: the county would renew a countywide moratorium on mining and quarrying development approvals for up to six months, and Halifax Aggregates and its affiliates would agree not to file applications for special-use permits or rezoning for mining or quarrying in Halifax County or to contest the moratorium. Robbins noted the county could resume ordinance consideration earlier than six months if needed.

Why it matters: the ordinance under consideration would set countywide development rules for mining and quarrying, and commissioners and staff said postponing action while interested parties talk preserves the status quo and gives residents and stakeholders additional opportunities to weigh in. County staff and several commissioners also raised legal and procedural concerns, including the possibility of litigation alleging the ordinance is a downzoning and the need to follow Chapter 160D procedures for moratorium notice.

Details and debate Tony Robbins told the board he had received an email from counsel for an undisclosed company interested in locating in the county’s corporate park; that company said it was willing to discuss compatibility with Halifax Aggregates, which has an interest in property north of the park. Robbins said Halifax Aggregates has signed the agreement and that, in exchange for postponing action on the ordinance, the company would refrain from filing development applications during the pause.

Robbins described the process required to renew a moratorium under Chapter 160D, saying the county could not renew the moratorium at that meeting without following the statute’s notice requirements. He recommended the board authorize staff to return with a hearing to extend the moratorium for six months. Robbins also cautioned the board there is "very little case law on downzoning" and that recent statutory changes could affect litigation risk.

Chris Rountree of Halifax County planning said he needed to review the materials but said, "I don't see where there would be a downside to the beginning of this and get the firm, you know, ordinance." County Manager Denton told the board she had no additional comments beyond the county attorney’s presentation and agreed there would be no harm in postponing and extending the moratorium if the board chose to do so.

Commissioners asked for clarity on next steps and public input. Commissioner Warner said, "If we do implement this agreement, my hope is that we have another round of input, not just from the companies, but also from the residents," and urged future opportunities for neighbors to comment on impacts to quality of life. Other commissioners raised questions about specific provisions in the draft ordinance, including proposed setbacks (a one-mile setback from the airport and a one-mile setback from the intersection of I‑95, N.C. 903, N.C. 125 and U.S. 158) and whether other mineral resources in the county should be covered.

Procedural clarifications during the meeting emphasized the difference between public comment at regular meetings and the legislative public hearing that is required for ordinance decisions; staff said the county will provide at least two opportunities for public input when the moratorium extension and any revised development regulations are scheduled.

Board action and next steps A motion to postpone the legislative hearing and any further action on the mining and quarrying ordinance, to have the proposed postponement agreement with Halifax Aggregates signed, and to direct staff to schedule a hearing to renew a six-month moratorium carried. The board instructed staff to return with the required notices and a legislative-hearing schedule; Halifax Aggregates had already signed the agreement, according to county staff.

Staff noted the current moratorium expires Oct. 3 and that renewing it will require at least two weeks’ notice under Chapter 160D. The county manager said staff will monitor developments and that the board will hold later hearings that provide public input on the moratorium renewal and on the substance of any ordinance.

The board adjourned and set its next meeting for Oct. 6 at 9:30 a.m.