Winona County is in the process of considering an ordinance banning frac sand mining; mining opponents worry about the consequences of the boom-and-bust industry on the county's natural beauty, farmland, safety, economy and health.
In Winona County commission must make frac sand decision based on legal authority, a letter to the editors of the Winona Daily News, La Crescent attorney Ed Walsh writes:
I have been a practicing municipal and trial lawyer for 43 years, and my wife and I have been stewards of our sustainable, solar-powered 355-acre farm in Winona County's New Hartford Township since 1996. I applaud the well-reasoned legal analysis of the Winona County attorney advising the county board of its solid legal authority to prohibit industrial mining. The proposed amendment to the county zoning ordinance prohibiting industrial mining, drafted by the county attorney, is legally solid. The ordinance was the subject of a recent public hearing before the county planning commission.
Specifically, some of the stated purposes of the proposed ordinance prohibiting industrial mining include: to protect natural landscapes from excessive excavation and mining activity; protect water resources, streams and rivers; protect agricultural land, existing recreational and tourism businesses, residents' health and safety; and prevent the industrialization of agricultural land and open space and minimize road and bridge damage. Undeniably, these are laudable life values and goals that will serve to promote and enhance the world-class beauty and economic strength of Winona County and the health and life quality of its residents.
These stated purposes of the proposed ordinance are foundationally based on the county zoning ordinance and comprehensive plan, and the members of the county planning commission are duty-bound to follow both. Furthermore, at the recent public hearing on this proposed ordinance, the overwhelming majority of Winona County residents in attendance encouraged the planning commission members to recommend adoption of the ordinance by the county board.
Unfortunately, I anticipate that some commission members may suggest that they have concerns about the legality of the proposed ordinance, or raise their concern about the potential threat of a court challenge by the mining industry. Those same commission members may attempt to use these fabricated concerns as reasons to vote against the proposed ordinance. Doing so would require them to ignore the well-reasoned legal opinion of the county attorney and reject the expressed will of county residents. It would be disingenuous for any commission member to speciously raise meritless legal concerns as reasons to vote against the ordinance and the will of the people. [emphasis added]
Bluestem looked at news and social media coverage of the last hearing about the issue in our July 1 post, Winona Co Planning Commission #fracsandban hearing draws capacity crowd, pro-ban testimony.
Photo: The crowd at the Winona County Planning Commission hearing at the Tau Center on June 30, 2016. Photo by Bobby King, via twitter.
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