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Tazewell County commission sets schedule to review new state E&S ordinance ahead of July 1 deadline

Tazewell County Planning Commission · March 1, 2026
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Summary

The Tazewell County Planning Commission will solicit commissioner and public comments on a new state model erosion-and-sediment (E&S) ordinance at its May meeting, aiming to recommend adoption to the Board of Supervisors in June so the county can meet the July 1, 2024 compliance deadline. A resident urged adding Cadmium Telluride to the ordinance; the county attorney said his research shows environmental persistence and respiratory concerns.

The Tazewell County Planning Commission said it will review and solicit comments on a new state model erosion-and-sediment (E&S) ordinance that must be adopted by July 1, 2024, county engineering director Kenneth Dunford told members at the April 11 meeting.

Dunford said the county attorney has prepared a draft and asked that commissioners bring comments to the commission's May meeting so the commission can forward a recommendation to the Board of Supervisors at its June meeting. "The E & S Ordinance needs to be in place by July 1, 2024," Dunford said.

The schedule matters because the statewide model sets compliance expectations for local land-disturbing activities; adopting a county ordinance is the mechanism Tazewell County will use to mirror state requirements and remain eligible for routine permitting and inspections. Dunford framed the May comment period as an opportunity for commissioners and members of the public to identify any local adjustments before the Board considers formal adoption in June.

The meeting also included a public comment from resident Robert Carlson, who asked that the chemical Cadmium Telluride be added to the ordinance as a listed hazardous substance. County Attorney Chase Collins said he had researched the compound and told the commission that, in his view, "it takes time for it to build up in the ground and water sources. It can restrict breathing after prolonged contact with contamination." The transcript does not record any formal action to add the chemical; the request was entered as a public comment for commission consideration.

Earlier in the meeting the commission approved the agenda and the March 14, 2024 meeting minutes. Member Jason Herndon moved to approve the agenda; Vice-Chairman Robert Moss seconded and the motion passed 6-0 with Member Kyle Cruey absent. Herndon also moved to approve the March minutes, seconded by Anthony Ramella, and that motion passed 6-0 with Cruey absent.

Next steps: commissioners will review the draft E&S ordinance and submit comments at the May commission meeting. Staff expects to forward a recommendation to the Board of Supervisors in June 2024; the commission did not take a formal vote on the ordinance at the April 11 meeting.