Residents and township leaders press Codington County on repeated J&J Earthworks gravel-pit violations and pending annexation

Travis Pollson, representing Elmmyra Township and speaking as a Codington County resident, told the county commission on June 9 that a long history of violations at a J&J Earthworks gravel pit has left townships and neighbors frustrated.

"It just doesn't seem quite right the way this is proceeding and playing out," Pollson said, describing repeated written violations and asking why the company continues to operate while formal citations remain on record.

Luke Mueller, Codington County zoning officer, summarized the office's enforcement timeline: the conditional-use permit at the site expired in 2015; county staff issued violation notices after neighbors complained about mining too close to a right of way; the operator reclaimed the first 65 feet and the road as ordered, after which the county allowed hauling of previously mined material. Mueller said the zoning office later issued notices in September authorizing hauling of previously mined materials but prohibiting new mining until permits were in effect.

"Since 2004 First District Association of Governments has been contracted to serve as the Codington County zoning officer," Mueller said, adding enforcement is handled with limited staff hours and a goal of securing compliance rather than pursuing immediate prosecution in every case.

Pollson and township members pressed several specific points: they questioned whether county ordinances carry adequate penalties, whether road-haul agreements have been enforced, and whether a fast-tracked annexation into the city of Watertown would nullify county enforcement. "Are our ordinances appropriate? Do they have enough bite?" Pollson asked, citing a history of violations that, in his view, continued with only partial compliance.

Commissioner Johnson said the record of repeated violations demonstrated the need for follow-up and prosecution where appropriate. "If Luke is out writing citations and there's no repercussions for those citations, what's the point of even issuing the citations?" Johnson asked.

Mueller told the board the county had cited the operator repeatedly and forwarded cases to the state's attorney for charging decisions; he said county staff have options ranging from continued citation to filing injunctions if necessary. He also said there is a memorandum of understanding covering much of the route the trucks use with the city of Watertown, but a short approach still lacks a formal road-haul agreement with the township.

Mueller cautioned that annexation could complicate or change enforcement outcomes. "In my experience, typically those [cases] wind up being dismissed in some way, shape, or form," he said when asked about prosecutions if the parcel is annexed before a charging decision.

Planning-board member Mr. Ter, who also sits on the joint jurisdiction board, told the commission the joint board has reviewed the case and generally tries to reach compliance through board orders. "They come in, they meet with us at a board meeting and we'll tell them this is what needs to be corrected in order for you to continue operating. And they do," he said, while noting some operators ignore requirements and create recurring problems.

The county planning office said a public hearing and second reading for annexation were scheduled by the city on June 15; Mueller said annexation becomes effective roughly 20 days after publication if approved, which could shift regulatory oversight to the city and affect pending county enforcement. Commissioners and township representatives asked the public and municipal officials to use the scheduled city hearing to raise the townships' concerns.

The commission did not take formal enforcement action at the June 9 meeting; Mueller said he will continue to issue citations as violations occur and consult the state's attorney about additional enforcement tools, including fines or injunctions.

Next steps: the city of Watertown's annexation hearing for the parcel is scheduled for June 15; county staff said the state's attorney will review referrals for charging decisions and the zoning office will continue to cite violations and seek compliance.