The Natrona County Board of Commissioners’ vote to block a hotly contested gravel mine operation at the base of Casper Mountain is the latest move in a dustup over counties’ right to potentially impose land-use codes on state lands or otherwise impede state-sanctioned activities on state lands.
The Sept. 17 decision, which came in the form of a zoning change, effectively prohibits commercial mining within its Mountain Residential 1 areas, Commissioner Dave North said. That includes a cluster of state-owned “school trust” properties near the southern end of Coates Road just west of Casper, where Prism Logistics proposes to mine gravel. Residents living adjacent to the state property mounted a months-long campaign against the project, gathering more than 18,000 signatures from residents throughout the county — representing an outpouring of opposition that county officials “had to take into consideration,” North told WyoFile.
But the county’s action pits its authority to impose zoning regulations against the state, which has authority over state lands. State officials have said that county zoning and other local regulations may not supersede state-administered activities on state lands.
So far, Prism Logistics, which holds several “exploratory” mining leases granted by the state, has not indicated whether it will abandon its proposed mining operation in the area. It doesn’t appear there are any official negotiations between the state and Natrona County on the matter, according to WyoFile’s conversations with government officials.
“The actions by the county don’t really impact any of [our] processes,” Office of State Lands and Investments Interim Director Jason Crowder told WyoFile.
Meantime, advocates on both sides are monitoring an appeal before the Wyoming Supreme Court regarding the larger issue of state versus county authority on state lands.
“I’m not saying that we should have control over everything on the state lands,” North said. “But I do think that the county commissioners, you know, we’re the closest to the people, and there should be at least some local input considered [by the state].”
State land conflicts
The Office of State Lands and Investments administers more than 3 million acres of “school trust” lands scattered throughout every county in the state, and is required to manage them “to produce income to support public schools and other public institutions,” according to the agency. To fulfill its constitutional duty, the agency, overseen by the state’s five top elected officials, typically leases the properties for activities such as grazing and oil and natural gas development, along with other revenue-generating activities.
The state contends that its authority takes precedence over local control, even if those state-administered activities conflict with local zoning and safety codes or other local land use priorities. In fact, state officials recently sued another local government — Teton County — to prevent it from enforcing its codes and regulations on state land there and won in district court, effectively affirming its power to supersede local governments regarding state-permitted activities on all school trust properties, including in Natrona County.
An appeal of that decision is before Wyoming’s top court. The Casper Mountain Preservation Alliance and Wyoming County Commissioners Association, among others, seek to join arguments on behalf of Teton County.
“I think the state has an opportunity to allow counties to have some say in the [state-owned] lands that affect their own residents,” Casper Mountain Preservation Alliance Chairperson Carolyn Griffith told WyoFile.
The state did not notify Natrona County officials and residents living next to the state lands when it approved Prism’s exploratory leases in the area. In addition to noise, dust and industrial truck traffic that the gravel pit would bring to the residential area, mining poses a significant threat to groundwater where hundreds of residents rely on wells for drinking water, neighborhood activists say.
For its part, Prism has said it will take several voluntary measures to minimize impacts to nearby residents, including moving rock-crushing operations to another location.
Limited mining operations
In addition to the tussle over county-versus-state authority on state lands, opponents to mining on Casper Mountain allege there’s a permitting loophole at the state level that bypasses public notification and input on some mining activities.
With “exploratory” mining leases in hand — granted by the Office of State Lands and Investments — Prism may apply for a “limited mining operation” exemption from the Wyoming Department of Environmental Quality. The exemption, which does not include public notification, allows a permittee to establish and operate a gravel mine smaller than 15 acres. Once established, an operator can apply to expand the operation under a more stringent review process. But by then, opponents say, it’s likely too late to stop a project.
In an effort to streamline and eliminate “regulations,” state lawmakers earlier this year considered expanding the exemption to all non-coal minerals that are not regulated by the U.S. Nuclear Regulatory Commission. It would have expanded the exemption to include rare earth and other hard-rock minerals that opponents say require more public input and regulatory scrutiny.
Gov. Mark Gordon vetoed Senate File 44 – Limited mining operations-amendments earlier this year after it was amended to include stipulations to increase minimum “setback” zones between mining operations, and a requirement to obtain a “conditional use permit” from counties. Gordon, in his veto message, said those measures would improperly usurp management of trust lands from the state.
Lawmakers are eager to attract growing interest in Wyoming’s rare earth resources. The Wyoming Legislature’s Minerals, Business and Economic Development Committee will consider a revised measure regarding the limited mining operations exemption when it meets next week in Cheyenne.
When you have double speak politicians that exclude the public from information or notification of projects that have an affect on their lives or property, you should vote them out of office.