Dane County zoning committee postpones decision on revoking Rutland quarry permit

The Dane County Zoning and Land Regulation Committee on Sept. 2 postponed a decision on revoking conditional use permit 2582 for a nonmetallic mineral extraction operation at 345 Center Road in the Town of Rutland, citing outstanding questions about stormwater controls, berm landscaping and material importation.

Committee members voted to delay the matter to Oct. 28, 2025, to allow the county Land and Water Resource Office time to review engineering calculations and site documentation submitted by the operator. Supervisor Don Posler made the motion to postpone and Supervisor Jeffrey Kronig seconded; the motion carried.

The committee's public hearing followed a staff report documenting repeated complaints and inspections since the CUP was approved on July 18, 2023. Planning staff member Dan Everson told the committee inspectors had recorded alleged violations tied to multiple conditions of the CUP, including failures to maintain perimeter berms required along Center Road, erosion and stormwater controls, and material being brought onto the site that staff characterized as solid waste rather than “clean fill.” Everson said the site is about 36.5 acres and that inspections and reports date back to August 27 and include follow-ups June 24 and July 22, 2025.

"If the zoning committee finds that the conditions stipulated in the conditional use permit are not being complied with, the zoning committee, after a public hearing, may revoke the CUP," Everson told the committee, reading the relevant section of the Dane County Code of Ordinances.

Neighbors and other members of the public provided largely split testimony. Several nearby residents urged revocation, saying they had repeatedly observed operations outside approved limits and had found construction debris on the property. Peter Vandiver, identifying himself as a 40‑year Town of Rutland resident, said, "We are here today because of the serious violations of CUP 25 82 as stated in the Everson report dated 07/22/2025. These violations have been ongoing." Other residents pointed to visible truck traffic on Center Road and concerns about groundwater, topsoil removal and the character of material being processed on site.

The operator, Kevin Hahn of K and D Stone (also operating as Nelson Excavating), his attorney, and an engineering consultant presented a drone video of the site and submitted documentation. Hahn said he had taken remedial steps since the summer and asked the committee for additional time to work with consultants and county staff. "I have never purposely violated the my CUP. I have never not cooperated with zoning staff. I have always tried to correct any concerns and improve the operation," Hahn said during his presentation. He also told the committee he had hired a civil engineer and a landscape/horticulture consultant and that the company would pursue monthly engineering site visits.

Scott Anderson, a professional civil engineer engaged by the operator, said his stormwater calculations and recent survey work show a new pond and drainage configuration sized to contain runoff. "This is appropriately sized for the 500‑year event. So nothing's going to leave the site, any kind of, storm event," Anderson told the committee, describing HydroCAD calculations he said were submitted to staff.

Staff and several residents disagreed on whether past notices were fully resolved. County staff documents included a July 24, 2024 notice requiring removal of construction debris and stopping disposal of non‑clean fill; Everson said some corrective actions had occurred but that questions remained about ongoing processing of imported materials and the long‑term stability of berms and vegetation. Staff tied several specific CUP conditions to the concerns, including Condition 1 (conformance with the approved site, operations and phasing plan), Condition 14 (erosion control/Chapter 14 erosion control permit requirement) and Condition 31 (berm and landscaping standards: an eight‑foot minimum berm along Center Road with evergreen plantings at roughly 50‑foot spacing and 3:1 side slopes).

After several hours of testimony from about two dozen speakers for and against revocation, committee members discussed whether the record and technical reviews were sufficient to reach a final decision. Supervisor Don Posler moved to postpone to Oct. 28 to allow Land and Water Resource Office review of the engineering and stormwater materials; the committee approved the postponement.

The committee did not revoke the CUP at the Sept. 2 meeting. Staff told the committee appeals from a revocation decision would be governed by Dane County Code and could be pursued in circuit court. The committee instructed staff to coordinate with Land and Water Resource Office staff and the operator to ensure the October meeting includes any outstanding engineering review and field verification.

Votes at a glance

- Motion to postpone decision on revocation of CUP 2582 to Oct. 28, 2025: Moved by Supervisor Don Posler; seconded by Supervisor Jeffrey Kronig. Outcome: postponed (motion carried).

What's next

The committee set a staff follow‑up and expects Land and Water review of the operator's engineering and HydroCAD calculations before the Oct. 28 meeting. If the committee later finds the CUP conditions are not being met, it may vote to revoke the permit; that action would be subject to appeal.