Planning commission recommends interim permit to place about 10,526 cubic yards of fill in New Hartford Township

The Winona County Planning Commission unanimously recommended approval of an interim use permit that would allow placement of roughly 10,526 cubic yards of fill on two parcels in New Hartford Township, the commission said.

Staff told the commission the petition (PCO6-18-2601) covers Lot 5 and Outlot A of the Zanke Subdivision and is intended to make Lot 5 buildable by raising and flattening existing slopes. Staff reported the proposed distribution is about 4,892 cubic yards to Lot 5 and about 5,634 cubic yards to Outlot A for a total of approximately 10,526 cubic yards. The application was presented as an interim (temporary) use, and staff recommended four conditions, including erosion controls, seeding, silt fence and a requirement to repair any road damage related to the hauling.

The petitioner, Mark Henderson (42185 Travin Court), told the commission he bought the property in January and accepted the fill when it became available to create a buildable lot. Henderson said contractors will shape slopes to meet the county’s standards and that he will work to accommodate septic setbacks and other requirements. “I just wanna get it filled and make it buildable,” Henderson said.

Commission members and staff discussed technical details: Soil and Water Conservation District staff conducted a site visit on May 28 and provided written comments; staff described temporary erosion-control measures (berms, erosion-control logs, matting, silt fence, and seeding) and noted the use of a water truck for dust control. Staff also said that slopes exceeding 3:1 would likely require additional stabilization measures such as riprap or retaining walls. Commissioners asked about septic siting and learned septic systems should not be placed in fill and will need to meet setback rules; staff noted a roughly 50-foot separation is typical between new septic systems and wells.

The filing identified Dunn Blacktop Company as the hauler; staff said the company had material from an MnDOT contract and had approached the township about repairing the portion of Duane Drive impacted by hauling. Members expressed concern that repair obligations be binding; the commission amended staff’s draft condition to require that the owners of the property — not the hauler alone — be responsible to repair any damage to New Hartford Township Road (Duane Drive) and return it to its pre-project condition or better.

A resident who spoke during the public hearing supported the project as an efficient use of underused land and urged the commission to make the road-repair obligation binding on the property owner. The Soil and Water review was described as generally favorable, with suggestions noted in the staff packet.

After discussion, a member moved to recommend approval with the amended condition holding the property owners responsible for road repair; the motion passed unanimously on roll call. The planning commission’s recommendation will be forwarded to the Winona County Board, which is scheduled to consider the item July 14 at 9 a.m. The commission noted that its action is advisory and that the county board has the final authority.

The file record and staff packet include the Soil and Water report, photos from a May 28 site visit and a more recent site visit, and written public comments supportive of the petition.