Buffalo County cancels 2008 special-use permit for proposed Class V dairy after finding no construction

The Buffalo County Board of Commissioners voted Jan. 25 to cancel a special-use permit that had authorized a Class V livestock confinement facility on 223.58 acres in the north half of Section 13, Township 12 North, Range 14 West. The board adopted Resolution 2008-22A after a public hearing and a review of the 2008 file.

Zoning Administrator Dennise Daniels opened the hearing at 9:20 a.m.; Deputy County Attorney Andrew Hoffmeister reviewed the terms of the original permit process and the conditions set in Resolution 2008-22. Hoffmeister told the board the record showed no “substantial and continuous construction” had occurred within the timeframes required by the 2008 resolution. Lynne Werner, representing Flying W, LLC, addressed the board during the hearing; no other members of the public spoke.

After hearing the staff and counsel summaries, the board voted to cancel Permit #2008-006. The resolution’s findings state the permittee failed to meet construction timelines and that, under Buffalo County zoning rules, the board may revoke a permit that is not complied with. The action was moved by Commissioner Loeffelholz, seconded by Commissioner Higgins, and carried on a roll-call vote with all members voting Aye.

The resolution language in the minutes recounts the 2008 planning commission recommendation and the subsequent approval by the board at that time, and it cites the board’s authority to revoke permits that are not completed as required. The minutes record the legal description and acreage of the subject property and identify the cancelled permit as Permit #2008-006.

The board did not record further conditional or remedial directions in the minutes; the cancellation takes effect by the board’s adopted resolution. The zoning administrator and county counsel remain the county contacts for any follow-up or appeal process.