Planning commission backs splitting "construction" and "industrial" minerals in county ordinance

Houston County planning commissioners voted to recommend that the County Board adopt a text amendment to the county zoning ordinance that (1) adds definitions distinguishing "construction minerals" from "industrial minerals" and (2) changes the mine-density (setback) standard so new industrial-mineral permits are limited to sites located no closer than one-half mile from existing permitted or legal nonconforming industrial mineral mines.

Planning staff said the proposed section 27.3 language would define construction minerals to include natural common rock, stone, aggregate, gravel and sand produced and used for local construction purposes (road pavement, unpaved road gravel, livestock bedding, septic sand and similar uses). The proposed industrial-minerals definition would include naturally high-quartz materials such as silica sand, quartz and other minerals used in industrial applications; staff and the packet cited Minnesota statutory language (Minn. Stat. §116C.99 and subdivisions) in describing silica sand and silica-sand projects.

Jeff Griffin of GQ, who presented for the applicant, said the county’s existing ordinance treats all sand the same and that neighboring Winona and Fillmore Counties have separated the categories to allow different regulatory criteria for local construction uses versus industrial frac-sand operations. Griffin told commissioners that Winona County spent several years in litigation and ultimately prevailed in the state’s supreme court on language separating industrial and construction uses; he recommended adopting Winona County’s wording where appropriate. Staff emphasized that the change would not automatically approve new mines: applicants still must submit full applications and meet conditional-use, setback and other ordinance criteria (property-line setbacks, road and floodway protections, and MSHA and other state rules where applicable).

Commissioners reviewed draft findings that tied the amendment to county values (balancing access to aggregate materials and protection of natural resources) and voted to accept the findings. The commission then moved to recommend adoption of the definitions and the change to section 27.8 subdivision 1.5 (mine-density standards). A roll-call vote recorded unanimous support among members present.

Under the proposed text, measurements for the one-half-mile rule would be taken from the proposed boundary of the new site to the approved boundary of the existing site; the half-mile restriction would apply specifically to industrial-mineral mines. Staff said approval of the amendment would allow local-scale sand or gravel operations intended for construction or agricultural uses to be considered under different standards than industrial processing facilities, but does not remove any other permitting requirements or state oversight for silica sand processing.

The planning commission’s recommendation will be forwarded to the Houston County Board for final action. A public hearing on the related ordinance changes is scheduled at 5:20 p.m. on Thursday, Feb. 27, 2025; written comments must be received by Feb. 18, 2025 to be included in the packet.