October 29, 2024
By: Dwayne Page
County residents in favor of regulations to prohibit land uses such as rock quarries and cryptocurrency mining operations from locating near their homes have reason to be pleased today.
During Monday night’s regular monthly meeting, the county commission, by a two thirds majority, for the first time ever voted to forbid such companies from moving in within 5,000 feet of a residence, school, church, and other places identified (outside municipalities) under the “County Powers Act” as recommended by the county’s health, education, and public welfare committee.
According to the historic new regulations for DeKalb County, the distance requirement becomes effective immediately for any land use named in the resolution (quarries, rock crushers, gravel pits, cryptocurrency mining, landfills, adult entertainment, and methadone clinics) not already in operation. The grandfather clause, according to the resolution, would only apply to any of these identified land uses already in existence and in operation on October 28, 2024.
This action only pertains to the “County Powers Act”. The county’s planning commission is expected to later consider establishing a plan for county-wide zoning, subject to final approval by the full county commission, which takes much longer to implement.
Several people spoke during the public comments period in support of the County Powers Act including Steven Cantrell.
“The protection this act will provide property owners is essential so they can use their property as they wish,” he said. “You only have to click on one of the links WJLE had on its website concerning data centers to see the potential impact. People who can’t live in their homes anymore for health reasons caused by the centers. Specifically, noise which travels a long distance and for those people next door, bright lights at night. More importantly, they can’t sell those homes because nobody wants to move into those areas. Not only because the homes have to deal with the sound and the lights, but it affects livestock as well. It also creates a potential increase in the cost of local utilities to the taxpayers as more data centers enter Tennessee,” explained Cantrell
“Without the proposed resolution, you are basically telling current and future impacted property owners that you don’t care about their property rights. This is what’s at stake here. Protecting property owners’ investment in their property and their ability to use their property in the future,” Cantrell continued.
“Data centers reflect one example but its an example that is already here and under construction less than three miles from here (near 1319 South College Street). Some of my friends are here tonight because the quarries slipped in too that affected the peace and quiet of their neighborhood and threw rocks on the highway. Fact. Companies are looking at exploiting DeKalb County because there are no zoning restrictions in place. We need your proactive leadership to take action now to protect this treasure we call home and to protect property values. The proposed resolution of the County Powers Act is a critical step and the right answer at this time,” said Cantrell.
Meanwhile, in an effort to strengthen regulations to keep out unwanted landfills developed by private companies the county commission also adopted by a two thirds majority a resolution implementing the “Jackson Law” in DeKalb County. This action provides for local construction approval of privately owned landfills for solid waste disposal and solid waste processing facilities, as well as a change in classification of any existing landfill or solid waste processing facility to one with higher standards
Under the “County Powers Act”, the Tennessee General Assembly amended state laws to expand the ability of counties to exercise certain municipal powers in relation to the regulation of nuisances and other practices detrimental to the inhabitants of the county. Such action requires that any county desiring to exercise these powers must adopt a resolution by two-thirds vote of its legislative body in order to do so and must subsequently adopt any such regulations also by a two-thirds majority.
On Monday night, the county commission adopted both resolutions. The first vote on establishing the county powers act, was 10-2 in favor. Commissioners Daniel Cripps, Myron Rhody, Sabrina Farler, Tony Luna, Tony (Cully) Culwell, Larry Green, Glynn Merriman, Jeff Barnes, Andy Pack, and Beth Pafford all voted in favor. Commissioner Greg Matthews voted no and Commissioner Tom Chandler abstained. Commissioners Susannah Cripps and Mathias Anderson were absent.
Commissioner Matthews explained why he was opposed to the move. “This went from rock quarries and landfills and now we’re adding methadone clinics and all these other things. Somebody (during public comments) said if we vote no they would like to hear our reason. My reason is I am for the fourth district that I represent. Only three people out of the fourth district has told me they are in favor of this. That’s the reason when the time comes that I will vote no for this,” said Matthews.
Commissioner Chandler, a member of the county’s health, education, and public welfare committee, voted against the recommendation earlier this month in committee and he held to his opposition against it during Monday night’s meeting.
“Last month we discussed a resolution to prevent quarries, landfills, and cryptocurrency mining. When we got to the HEW committee, we got this document which has in addition to those, rock crushers, gravel pits, adult entertainment, and methadone clinics. In addition, someone at the meeting proposed adding racetracks. Greg Matthews would like to add halfway houses. Down in Liberty they don’t want radio towers. On Snow Hill they didn’t want that cell phone tower setting there,” explained Chandler.
“The simple thing to do is just pass a zoning resolution that says any property in the unincorporated parts of DeKalb County that isn’t currently commercial or industrial is by definition residential or agricultural and any request to change that designation for a piece of property must be approved by the planning commission which is less likely to be politically motivated. I oppose the County Powers Act,” said Commissioner Chandler.
Under the regulatory resolution, which was approved on an 11-1 vote (Tom Chandler abstained), the purpose is to “regulate the operations and location of rock crushers and/or quarries, gravel pits, cryptocurrency mining, landfills, adult entertainment and methadone clinics in the unincorporated areas of DeKalb County, Tennessee in order to promote the health, safety, economic development and the unincorporated areas of DeKalb County, Tennessee”.
Renewed interest in passage of the “County Powers Act” came about in August when residents in the Snow Hill Community discovered that a rock quarry operation had moved into the neighborhood on North Driver Road without their knowledge, and they came to the county commission in September to complain about it. More recently residents in the Liberty and Alexandria area learned that another company is planning to develop a rock quarry in their community at 2159 Old Highway 53. Since then, a private landowner has reportedly leased property to a cryptocurrency mining (data center) company which is being developed near 1319 South College Street, just outside the City limits of Smithville. Some say such a facility could generate excessive noise affecting neighbors.
Under the proposed regulations, no person shall operate a quarry, rock crusher, gravel pit, cryptocurrency mining, landfills, adult entertainment and methadone clinic without first obtaining the from the County Clerk of DeKalb County a standard business license and a permit for the operation of a quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, adult entertainment or methadone clinic.
All state and or federal permits required and necessary to operate such an enterprise of activity shall be a prerequisite before obtaining an initial permit or business license to operate from the County Clerk.
An applicant for a license shall furnish to the County Clerk an application for a business license or permit to operate, a copy of the permit issued by the State of Tennessee in the proposed site, a copy of the applicant’s deed or lease to the property on which the operation is proposed, a map which shows the physical extent of the operation as to the area and depth, along with a description of activities to be conducted on the property, and a non-refundable application fee of $150.
The proposed resolution further states that upon receiving the foregoing information, the County Clerk will forward it to the Office of the County Mayor, who will determine whether the site of the proposed operation meets the location requirements provided in the resolution and report his/her findings to the County Clerk within 10 days.
If a corporation or company is exempted by the State of Tennessee from requiring a business license or permit, the corporation or company must still comply with the distance requirements in Section VIII of this resolution.
If the Mayor’s findings confirm that the site of the proposed operation meets the location requirements, the County Clerk shall forthwith issue the standard business license and permit. If the mayor’s findings reflect that the site of the operation does not meet the location requirements, the County Clerk shall within 10 days notify the applicant that the application must be denied due to the failure of the proposed site to meet the location requirements.
In addition to the non-refundable fee of $150, an initial fee of $100 must be paid by the applicant for a permit to operate a quarry, rock crusher, or gravel pit, cryptocurrency mine, landfill, adult entertainment or methadone clinic if the license is granted with an annual $100 permit renewal fee.
Under Section VIII, the proposed resolution states that “No quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, adult entertainment, or methadone clinic may be located within 5,000 feet of a residence, school, licensed daycare facility, park, recreation center, church, retail, commercial, professional, or industrial establishment. Measurements shall be taken from the nearest recorded property line of the business to the nearest property line or boundary of the foregoing”.
(The actual regulatory resolution as adopted by the County Commission Monday night is as follows:)
A Resolution of the Board of Commissioners of DeKalb County, Tennessee to regulate Quarries, Rock Crushers, Gravel Pits, Cryptocurrency Mining, Landfills, Adult Entertainment and Methadone Clinics.
Section 1. Purpose
It is the purpose of this resolution to regulate the operation and location of rock crushers and/or quarries, gravel pits, cryptocurrency mining, landfills, adult entertainment and methadone clinics in the unincorporated areas of DeKalb County, Tennessee in order to promote the health, safety, economic development and the unincorporated areas of DeKalb County, Tennessee.
Section II. Definitions
The following definitions shall apply in the interpretation and enforcement of this Resolution:
(a) Blasting. The term “blasting” shall denote a method of loosening, moving or shattering masses of solid matter by use of explosive compounds to prepare stone for crushing, building stone or other purposes.
(b) Clerk means the County Clerk of DeKalb County, Tennessee.
(c) Commission means the Board of County Commissioners of DeKalb County, Tennessee, which is the legislative body of DeKalb County, Tennessee.
(d) County means DeKalb County, Tennessee.
(e) Gravel Pit. The term “gravel pit” shall mean any activity or enterprise, the purpose of which is to remove naturally occurring deposits of sand and gravel from the earth by excavating including topsoil and overburden removal.
(f) Person. The word “person” shall mean any individual, partner, corporation, company, trustee or association, together with the respective servants, agents and employees thereof.
(g) Quarry. The term “quarry” shall mean activity or enterprise, the purpose of which is to remove rock material from the earth by blasting and/or excavating including topsoil and overburden removal.
(h) Residence means a place, in which a person lives or resides; a structure serving as a dwelling or living quarters. Residence includes but is not limited to single-family and multiple family dwelling units including without limitation, houses, apartment buildings, condominiums, dormitories and mobile and modular homes.
(i) Rock-Crusher. A rock crusher shall mean any device, machine, apparatus or equipment used either individually or in conjunction with any other device, machine, apparatus or equipment for the purpose of crushing, grinding, breaking or pulverizing rock or stone.
(j) Rock Crushing. Operation of a rock crusher.
(k) Site. The term “site” shall mean any separately described parcel of land with an individual real property tax, map and parcel number.
(j) Adult Entertainment. Any entertainment that is intended to be viewed by adults only. It refers to activities involving the direct provision of sex related services, such as prostitution, strip clubs, and sex related pastimes like pornography and sex movies. It can also include the exhibition or performance of specified sexual activities or the exposure of specified anatomical areas.
(k) Cryptocurrency Mining. A process that validates transactions and adds them to a blockchain.
(l) Blockchain. A process in cryptocurrency mining that adds a link to each block of transactions to form a chain. Each block contains a set amount of cryptocurrency.
(m) Ledger Records the creation and movement of coins in the blockchain.
(n) DIY Supercomputers. A high-speed computer or series of computers used to mine bitcoins.
(o) High Decibel Noise. Sound which ranges in a level from 75-95 decibels. Normal human hearing range is 0-20 decibels.
(p) Landfill. A system of trash and garbage disposal.
(q) Methadone Clinic. A treatment center for opioid addiction using but not limited to Methadone and Suboxone.
Section III. Application for License
No person shall operate a quarry, rock crusher/ gravel pit, Cryptocurrency mining, landfills, adult entertainment and methadone clinic without first obtaining the following from the County Clerk of DeKalb County Tennessee a standard Business License and a permit for the operation of a quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, adult entertainment or methadone clinic
All state and or federal permits required and necessary to operate such an enterprise or activity regarding a quarry, gravel pit, or rock crusher, cryptocurrency mine, landfill, adult entertainment or methadone clinic shall be a prerequisite before obtaining an initial permit or business license to operate such an enterprise or activity from the County Clerk.
An applicant for a license shall furnish the following to the County Clerk in order to apply for a Permit to operate a quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, adult entertainment or methadone clinic:
(a) An application for a business license or permit to operate a quarry, gravel pit, or rock crusher,
cryptocurrency mine, landfill, adult entertainment or methadone clinic.
(b) A copy of the Permit issued by the State of Tennessee for the applicant to operate a quarry, gravel pit, or rock crusher, cryptocurrency mine, landfill, adult entertainment or methadone clinic at the proposed site of the quarry, gravel pit, or rock crusher, cryptocurrency mine, landfill, adult entertainment or methadone clinic, for which the applicant is seeking the permit;
(c) A copy of the applicant’s deed or lease to the property on which the quarry, gravel pit, or rock crusher, cryptocurrency mine, landfill, adult entertainment or methadone clinic is proposed to be operated.
(d) A map which shows the physical extent of the quarry or gravel pit operation, cryptocurrency mine, landfill, adult entertainment or methadone clinic as to area and depth, along with a description of the act cryptocurrency mine, landfill, adult entertainment or methadone clinic along with activities to be conducted on the property; and
(e) A non-refundable application fee of $150.00.
Upon receiving the foregoing information, the County Clerk will forward it to the Office of the County Mayor, who will determine whether the site of the proposed quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, adult entertainment or methadone clinic meets the location requirements provided for in this Resolution and report his/her findings to the County Clerk within ten (10) days.
(f) If a corporation or company is exempted by the state of Tennessee from requiring a business license or permit, the corporation or company must still comply with the distance requirements in Section VIII of this resolution.
SECTION IV – ISSUANCE OF LICENSE.
If the Mayor’s findings confirm that the site of the proposed quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, adult entertainment or methadone clinic meets the location requirements, the County Clerk shall forthwith issue the standard Business License and Permit to quarry, rock crusher or gravel pit cryptocurrency mine, landfill, adult entertainment or methadone clinic.
If the Mayor’s findings reflect that the site of the proposed quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, adult entertainment or methadone clinic does not meet the location requirements, the County Clerk shall within ten (10) days notify the applicant that the application must be denied due to the failure of the proposed site to meet the location requirements.
SECTION V – FEES.
- Application Fee for Permit to Operate a Quarry, Rock Crusher or Gravel Pit, Cryptocurrency Mine, Landfill, Adult Entertainment or Methadone Clinic. A non-refundable fee of $150.00 shall be paid to the clerk at the time of filing the application and required accompanying materials.
- Initial Fee for Permit to Operate a Quarry, Rock Crusher or Gravel Pit, Cryptocurrency Mine, Landfill, Adult Entertainment or Methadone clinic. If the license is granted, the applicant shall pay an initial license fee of $100.00.
- Renewal Fee for License to Operate a Quarry, Rock Crusher or Gravel Pit, Cryptocurrency Mine, Landfill, Adult Entertainment or Methadone Clinic an annual fee of $100.00 shall be required to renew a Permit to operate a quarry, gravel pit, or rock crusher, cryptocurrency mine, landfill, adult entertainment or methadone clinic.
- . The failure to pay the annual renewal fee shall not constitute a forfeiture or ground for revocation of any Permit granted under this Resolution provided such failure is rectified upon notification by the County Mayor.
The foregoing fees shall be in addition to the fees required for a standard Business License.
SECTION VI – ADMINISTRATIVE PROCEDURE AND REVIEW
- As used in this section, “application” means: An application for a Permit to operate a quarry, gravel pit, or rock crusher, cryptocurrency mine, landfill, adult entertainment or methadone clinic.
- Whenever an application is denied, the County Clerk shall notify the applicant in writing of the reasons for such action; such notice shall also advise the applicant of the applicant’s right to request a hearing before the County Commission.
- If the applicant desires to request a hearing before the County Commission to contest the denial of an application, such request shall be made in writing to the County Mayor within ten (10) days of the applicant’s receipt of the notification of the denial of the application. If the applicant timely requests such a hearing, a public hearing shall be before the County Commission at the next regularly scheduled County Commission meeting, which is at least ten (10) days from the date the request for hearing is received in the Mayor’s Office.
SECTION VII- APPLICABILITY OF RESOLUTION TO EXISTING BUSINESSES/GRANDFATHER CLAUSE.
The distance requirements set forth in Section VIII of this Resolution shall not apply to quarries, rock crushers or gravel pits, cryptocurrency mine, landfill, adult entertainment or methadone clinics in existence and in operation on October 28, 2024. Such quarries, rock crushers or gravel pits, cryptocurrency mine, landfill, adult entertainment or methadone clinic may continue to operate at the site where they are located on October 28, 2024. The owners of such quarries, rock crushers or gravel pits, cryptocurrency mine, landfill, adult entertainment or methadone clinic in existence and in operation on October 28, 2024 will (i) pay the annual fee for a Permit to operate such enterprises as provided in Section V of this Resolution; (ii) continue to maintain such quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, adult entertainment or methadone clinic in active operation at the site where it is currently located; and (iii) submit an application to the County Clerk to continue the operation of the quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, adult entertainment or methadone clinic, accompanied with a map which shows the physical extent of the quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, adult entertainment or methadone clinic, operation as to the area, along with a written description of the current activities being conducted on the property and the location where the current activities are taking place.
The grandfather protection provided in Section VII applies only to the site where the current quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, adult entertainment or methadone clinic was in operation on October 28, 2024. The grandfather protection provided by this Section VII may not be transferred or used to operate a quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, adult entertainment or methadone clinic. at any site or location other than the site or location where the quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, adult entertainment or methadone clinic is currently in operation.
The grandfather protection provided by Section VII shall be forfeited only for the failure to continue to maintain such quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, adult entertainment or methadone clinic in active operation at the site where it is currently located for a period of thirty consecutive days. Failure to pay the annual fee, submit an application, map and/or description of activities shall not constitute a forfeiture of the grandfather protection provided by this Section VII provided such failure is rectified upon notification by the County Mayor. Likewise, failure to pay the annual renewal fee shall not constitute a forfeiture of any Permit granted under this Resolution provided such failure is rectified upon notification by the County Mayor.
SECTION VIII – PERMITTED LOCATIONS
Except as otherwise proscribed in this Section VIII, quarries, rock crushers and gravel pits, cryptocurrency mine, landfill, adult entertainment or methadone clinic may be located in unincorporated areas of DeKalb County, Tennessee.
(B) No quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, adult entertainment or methadone clinic may be located within five thousand (5,000) feet of a residence, school, licensed daycare facility, park, recreation center, church, retail, commercial, professional or industrial establishment. Measurements shall be taken from the nearest recorded property line of the business to the nearest property line or boundary of the foregoing.
SECTION IX – SEVERABILITY
If any provision of this resolution is deemed invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the other provisions of this Resolution.
SECTION X – APPLICABILITY
- This resolution shall apply only in the unincorporated areas of the county.
- Nothing in this resolution may be construed to as prohibiting or in any way impeding any incorporated municipality in the county from exercising any power or authority the municipality may lawfully exercise, including the regulation of sexually oriented businesses.
- Nothing in this resolution shall preempt an ordinance, regulation, restriction or license that was lawfully adopted or issued by any incorporated municipality in the county prior to the enactment of this resolution, or prevent or preempt any incorporated municipality in the county from enacting and enforcing in the future other lawful and reasonable restrictions, regulations, licensing, zoning or other civil or administrative provisions concerning the location, configuration, code compliance or other business operations or requirements to operate a quarry, gravel pit, or rock crusher, cryptocurrency mine, landfill, adult entertainment or methadone clinic.
This Resolution shall take effect immediately upon its passage by a two-thirds vote of the Commission, the public welfare requiring it.