Re-zoning decision stalls North Dakota Coal Projects

A July 22 decision by the District Court of North Dakota for the Southwest Judicial District reversed two rezoning decisions of the Stark County Commission.  The Stark County Commission had amended its zoning ordinance to change the uses of two areas of the County from agricultural uses to industrial uses.

Re-zoning is a critical first step for two companies' plans, GTLE Dakota Plant 1, LLC and Great Northern Power Development LP.  GTLE asked for the amendment so that it could construct a coal preparation plant facility near South Heart, North Dakota.  Great Northern Power Development asked for an amendment so that it could construct and operate a coal mine in the rural farming community.

“We’re really glad that the Zoning Board and the County Commission will have a chance to get all the facts and make sure they’re fully informed before they make their zoning decisions,” said Frank Hurt, one of the landowners who brought the case.  “We’re happy that there will be a clear and open process where all the citizens of Stark County can be heard,” he added.

If the coal companies want to continue with plans, they must now reapply for the zoning amendments. Then the Stark County Commission must gather information, have a public hearing, and create a full written record of its decision making process.

Five landowners and Dakota Resource Council filed the appeals with the District Court of North Dakota for the Southwest Judicial District.  The appeal of the amendment applied for by Great Northern Power Development was initiated on April 29, 2008, and the GTLE appeal was initiated on September 30, 2008.