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Utah County commissioners refer land-use changes aimed at hazard mitigation and gravel-extraction controls to Planning Commission

Board of County Commissioners (Utah County) · June 13, 2017
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Summary

After extended public comment about dust, wells and property impacts, the county commission voted unanimously to send proposed amendments — addressing unmapped natural hazards and rules for gravel/earth extraction near homes and orchards — to the Planning Commission for public hearing and recommendation.

Utah County commissioners on Monday voted to refer two related land-use amendments to the Utah County Planning Commission, signaling the county will pursue stronger mitigation and permitting requirements for natural hazards and for earth-extraction operations near homes and active agricultural areas.

The referral followed staff presentations and an hours-long public comment period in which growers, nearby residents and community advocates urged the county to adopt enforceable dust controls, water safeguards and setbacks from orchards and dwellings. Bryce Armstrong, community development staff, described the draft text changes as an initial, redlined proposal that would require a county stormwater pollution protection plan, a fugitive-dust control plan approved by the Utah Department of Environmental Quality, and enhanced measures — including hours of operation, noise limits, landscaping and dust containment — when an operation is within one mile of an existing dwelling or an area of active agricultural production.

"We're looking at adding some additional requirements to what's already there," Armstrong said, listing a county-level stormwater plan and state-approved dust controls among the proposed checklist items.

Members of the public described recurring dust clouds at operations such as the Kilgore/Benjamin pit, reported wells delivering sandy water after nearby disturbance, and raised concerns about fruit-tree damage from limestone dust. Nita Birch said: "Please do not let Kilgore have access to our wells." Mary Jane Ballard told commissioners the pit was "devaluing my property" and said the dust had diminished her family's quality of life.

Several speakers asked whether existing operations would be grandfathered. County staff replied that existing operations would generally be grandfathered but would have to comply with new rules if they sought to expand, renew a lease in a way that changed operations, or otherwise change the use. The county and legal staff also discussed mapping approaches; one commissioner suggested using the county's agricultural soils map to identify higher-value orchard land rather than relying solely on a fixed-radius rule.

A motion to refer the proposed text amendment for earth extraction to the Planning Commission passed unanimously. Commissioners said the Planning Commission will hold a public hearing in July and return a recommendation to the county commission for a final decision.

The referral does not adopt final regulations; it sends the draft for further review and public input at the Planning Commission level, after which the county commission will consider any recommended changes.