Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Mining Setback Waiver topic
No spam. Unsubscribe anytime.
Mercer County approves setback waiver allowing Coteau to locate coal operations adjacent to County Road 9
Summary
After a public hearing, the Mercer County Board of Commissioners unanimously approved a resolution permitting Coteau Properties to conduct surface coal mining operations (excluding coal removal) within 100 feet of the County Road 9 right-of-way for an electrical substation, and directed filing of the resolution and affidavits with the county auditor.
The Mercer County Board of Commissioners unanimously approved a resolution on April 15, 2026, granting Coteau Properties permission to conduct surface coal mining operations, except actual coal removal, within 100 feet of the outside right-of-way line and within the right-of-way of County Road 9 in SE¼ of Section 36, Township 146 North, Range 87 West. The approval followed a public hearing and testimony presented to the commission.
Coteau Properties representative Darren Hellman presented the petition citing Section 38-14.1-07(04) of the North Dakota Century Code and Section 69-05.2-04-01.1(3)(b) of the North Dakota Administrative Code. After hearing testimony and evidence, the commission voted to approve the resolution and ordered that the resolution, the petition, and the affidavits of publication be filed with the Mercer County Auditor.
Commissioner Casey Voigt moved to approve the resolution as presented; Commissioner Steve Guenthner seconded. The motion carried with all commissioners voting aye.
The resolution authorizes surface mining-related activities within the specified setback for an electrical substation that will serve Coteau. The minutes record the legal citations and the commission’s finding that it has jurisdiction and that public and affected landowner interests will be protected. The minutes do not transcribe the hearing testimony or list conditions beyond the filing directive to the county auditor.
The commission recessed following the public hearing and later reconvened for other agenda items. The filing of the resolution with the auditor is recorded as the formal next step in the minutes.
