Regulating personal property for public safety

Just what is a borrow pit and how should it be used? The Kimball County Planning Commission has raised that question, and attempted to define it and regulate its use for the benefit of county residents.

During a special meeting on Monday, March 20, with the Kimball County Board of Commissioners, following a planning commission recommendation to change verbiage to Kimball County zoning regulations, planning commission members said they each previously had their own definition.

Additionally, they are tasked with regulating the use of gravel from such pits, though they hope to keep the process simple for all county residents.

“My understanding of the confusion (of the public) was that it appears as though the changes exclude borrow pits for any commercial purposes,” Commissioner Tim Nolting said. “My understanding is that you (the planning commission) are eliminating borrow pits for commercial use.”

Recommended changes include defining the term “borrow pit” and allowing county residents to use gravel from personal property only for personal use without a permit.

Many area farmers, ranchers and land owners have a borrow pit that they use occasionally to build up private driveways and roads. In the past, some of those same land owners sell gravel from their pit(s) to be used by other entities.

If the recommended changes are adopted by the Kimball County Commissioners, landowners would be required to obtain a permit prior to the sale of such gravel.

“We are not trying to eliminate anything,” planning commission member Mark Halstead said. “We just think there needs to be communication between surrounding land owners.”

According to planning commission members, increased communication between neighbors is a must when using personal property for commercial purposes as dust and noise can interfere with livelihood and a healthy, happy lifestyle.

Additionally, proposed regulations would allow the county to mitigate road damage and plan for public safety.

Joe Nicklas, planning commission member, added that the proposed regulations are simple in nature, and specifically meant to not over-regulate.

“I am probably the one person who likes regulations the least. I am on this board to try to ensure that things are not over-regulated,” Nicklas later added. “I am in Kimball County, Nebraska for business. My business is farming, ranching and everything that entails. We have to have some regulations so that anarchy does not rein.”

Public comments during the meeting were heard and the matter was scheduled to be discussed further in the Kimball County Board of Commissioners meeting the following day but then tabled again.