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Supervisors direct zoning review to allow borrow pits as conditional use in Agricultural Estates

Woodbury County Board of Supervisors · April 29, 2025
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Summary

The Woodbury County Board instructed zoning staff to pursue a zoning-ordinance amendment so borrow pits used for off‑site earth material removal can be permitted as a conditional use in the Agricultural Estates district after a farmer was blocked from continuing work.

The Woodbury County Board of Supervisors voted to direct the county zoning commission to evaluate amending the Woodbury County zoning ordinance so that borrow pits for earth materials may be classified as a conditional use in the Agricultural Estates zoning district.

Supervisor Mark Nelson described a recent incident in which a landowner was performing earthwork to create a safe driveway approach and the contractor hauled material off site for a nearby public project. County staff concluded the activity constituted an off‑site borrow pit on property zoned Agricultural Estates, which the ordinance does not permit and for which the board and the local board of adjustment lack authority to grant a variance under the current code language. Nelson and staff said the situation left no permitting path for otherwise beneficial site improvements and removal of a longstanding snow trap hazard on a county road.

County planning staff and the assistant county attorney had reviewed the case and state agency (DNR) representatives visited the site; staff said best‑practice erosion and sediment controls were in place. The board approved a motion directing zoning to schedule the normal public hearing process and return a recommendation on adding borrow pits as a conditional use in the Agricultural Estates district so the board can consider an ordinance change.

The change, if recommended by the zoning commission and later adopted by the board, would create a permitting path for landowners who wish to remove earth materials when specific protections and conditions are satisfied. The board asked staff to move quickly so the issue can be reviewed at an upcoming zoning commission meeting and returned for supervisor consideration.