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ZBA approves variance request tied to Army Corps wetland guidance for Morris sand site
Summary
The Grundy County Zoning Board of Appeals voted to approve a variance allowing removal of a planted berm at a Morris sand excavation site after staff and applicant said the berm would harm wetlands and federal and state agencies advised against it.
The Grundy County Zoning Board of Appeals voted to approve petition 26CBA001, a variance request from a buffer‑berm requirement for a sand excavation in Oxide Bow Township, after staff and the petitioner said constructing the required berm would damage on‑site wetlands.
Staff told the board the request stems from coordination with the U.S. Army Corps of Engineers and the Illinois Department of Natural Resources and that a planted berm would impact roughly 7.5 acres of wetland. Staff noted agency correspondence in the packet and recommended the board consider the LaSalle (variance) factors before acting.
Petitioner representative Tim Haney of Chamlin & Associates told the board the Army Corps is requiring exploration of alternatives to impacting wetlands and that eliminating the berm would avoid an estimated 7.5 acres of wetland disturbance while maintaining a 100‑foot setback, safety fencing and additional landscaping. "By eliminating the berm, we would not impact those," Haney said.
Staff also said IDNR advised the Blanding's turtle could be encountered during construction and that the IDNR should be contacted if the species is observed. The board reviewed the LaSalle factors read into the record and then took a motion to act on the petition.
A motion was made and seconded; the clerk called roll and the board recorded a majority in favor, forwarding the approved action per the conditions stated at the hearing. The board noted any required construction must be completed within six months of variance issuance and must comply with the conditions discussed.
The board’s action is final at the ZBA level as a permit decision but will be reflected in the record and any required permits or agency notifications must follow the county and state processes.
