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KDHE tells Bourbon County to file restrictive covenant before selling closed landfill tract
Summary
Kansas Department of Health and Environment told the county that walk-in hunting can be an acceptable post-closure use but a restrictive covenant must be filed, and statutes limit selling disposal-area tracts without agency permission; commissioners directed the county attorney to review requirements.
Commissioners reviewed an email from KDHE regarding a closed landfill and potential post-closure uses. KDHE advised that walk-in hunting could be acceptable provided landfill covers are not disturbed and that a restrictive covenant—filed with the register of deeds—should describe proposed post-closure use and require KDHE permission before any cover-disturbing activity. Staff noted KDHE records do not show a restrictive covenant on file and that state statute limits selling parts of the disposal area without approval.
The board agreed to hold any sale or transfer of the property until the county attorney reviews file requirements, verifies deed descriptions and ensures KDHE compliance. Commissioners discussed adjacent city-owned property and cemetery concerns raised in constituent correspondence; no sale decision was made pending legal review.
