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Gravel Pit Violations Spark Debate Over County Enforcement Authority

Construction worker and inspector review a blueprint labeled Policy Violation at a gravel pit; headline: Gravel Pit Violations Spark Debate

Northeast Radio SD News – Watertown, SD - Tensions flared at Tuesday’s Codington County Commission meeting as local representatives raised serious concerns regarding the ongoing operations of the J&J Earthworks gravel pit in Elmira Township.


Travis Paulson, representing the South Dakota Association of Towns and Townships, addressed the board to highlight a “long history of violations” and question the efficacy of the county’s enforcement ordinances.


The controversy centers around operations that encroached on property lines and right-of-ways after the facility’s 2015 conditional use permit expired. Additionally, Paulson highlighted the lack of a proper road haul agreement for a specific 400 to 600-foot stretch of township road utilized by heavy trucks, warning of the financial strain this places on the township’s limited budget.


“The biggest point that I’m trying to make here... is the blatant disregard for the violations. They’re written citation and they just continue to do [it]. It’s like it doesn’t matter,” Paulson stated to the commission.


Codington County Zoning Officer Luke Mueller provided a detailed timeline of the enforcement actions, explaining that while the operators did reclaim a mandated 65-foot setback following an initial notice, they continued to mine and crush rock prior to obtaining a new conditional use permit. Mueller noted that multiple citations have been forwarded to the State’s Attorney’s office for potential prosecution.


“That’s like the city of Watertown writing a junk citation, but there’s no repercussions if you don’t clean up your yard. What’s the point?” added Commission Chair Troy VanDusen, emphasizing the need to hold violators accountable to protect county infrastructure.


Complicating the matter is a pending fast-track annexation of the parcel into the City of Watertown, scheduled for a public hearing on June 15. If annexed, it remains unclear whether the existing county violations will be prosecuted or dismissed, leaving township officials seeking immediate legal remedies.


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