Halifax commissioners reject proposed mining ordinance after hours of public testimony

The Halifax County Board of Commissioners voted unanimously April 6 to reject a proposed countywide mining and quarrying ordinance after a legislative hearing that drew dozens of speakers from across the county.

The decision followed public comment from residents near the proposed quarry site, elected officials from small towns, the Halifax‑Northampton Regional Airport Authority and representatives of the Halawasapon Indian Tribe. In a motion to reject the draft ordinance, Commissioner Webb said the text “appears to be arbitrary” and posed legal risks; the motion passed on a unanimous voice vote.

The planning director, Chris Roundtree, told the board the draft rules had been developed after a temporary moratorium and planning‑board review. He outlined a version that combined the original draft, planning‑board amendments and optional staff language. “These proposed amendments support our comprehensive plan policies on economic development and stormwater control,” Roundtree said, while noting the packet included FAA materials and suggested changes on setbacks and conditions.

Opponents, including airport officials and residents near Quanky (Quonkey) Creek, warned the ordinance either did not go far enough to protect waterways and cemetery sites or, conversely, would be so restrictive and inflexible that it would preclude any quarry from locating in the county. Ralph Johnson, chair of the Halifax‑Northampton Regional Airport Authority, said a quarry “next to our airport would create a hazard to aviation,” noting bird and wildlife strike risks and citing the airport’s roughly $42 million regional economic impact.

Tyler Richardson, secretary of the Halawasapon Indian Tribe, urged stronger cultural protections. “There is no tribal consultation requirement in your draft ordinance. There is no cultural environmental review trigger,” Richardson said. He told commissioners the tribe had submitted a formal resolution in September 2025 requesting government‑to‑government consultation and joint cultural review for mining proposals.

Representatives of the company proposing to operate next to the county industrial park, Halifax Aggregates, said they had held public open houses, retained experts and were willing to pause permitting while compatibility discussions proceed with a neighboring landowner. John Cross, speaking for Halifax Aggregates, said the company “is committed to being a good neighbor” and supported site‑specific special‑use review.

Planning staff and company representatives sparred with multiple speakers over the ordinance’s ‘‘one‑size‑fits‑all’’ setbacks — a metric that several operators called unprecedented and residents and local officials said should be tied to site specifics and state agency oversight. Soil and water experts urged including stronger sedimentation, erosion and permanent reclamation requirements; town leaders asked for added protections for floodplain tributaries and nearby cemeteries.

County Attorney Glenn Rollins told commissioners that adopting the draft ordinance could prompt litigation under current state down‑zoning restrictions. He also noted letters in the record from private counsel proposing a 90‑day pause for talks; Halifax Aggregates’ counsel had said the company would agree not to apply for approvals during any such 90‑day postponement.

After discussion, Commissioner Webb moved to reject adoption of the proposed ordinance; Commissioner Silva seconded. The clerk recorded the vote as unanimous. Rollins said rejecting the ordinance would not prevent a quarry operator from seeking rezoning or a special‑use permit under current zoning rules; he walked commissioners through the procedural steps an applicant would need if they pursued mining in the industrial park area.

What happens next: With the ordinance rejected, applicants retain the option of pursuing rezoning and special‑use permits and must satisfy airport height‑overlay constraints and other regulatory reviews. The county also will continue to field public comment and staff said specific issues raised — tribal consultation, cultural reviews, cemeteries, and detailed sediment controls — could be addressed through permitting or future ordinance efforts.

Quotes: “Some of these rules may take away your ability to adjust or waive setbacks when it does not fit a specific project,” said resident Chuck Hasty during public comment. “There is no tribal consultation requirement in your draft ordinance,” Tyler Richardson told the board, urging additional safeguards for cultural resources.

Ending: The board adjourned consideration of a countywide mining ordinance with a unanimous vote rejecting adoption. Staff and local counsel said the regulatory path now shifts back to case‑by‑case rezoning and special‑use permit processes, and that private talks between developers and other landowners may continue outside the legislative‑hearing track.