Winneshiek County Protectors: We take a different approach to frac sand mining

Lyle Otte from Winneshiek County Protectors has submitted this Letter to the Editor of decorahnews.com in response to an editorial written by Decorah Newspapers Editor Rick Fromm on March 13th:

"We hope to clear up some misconceptions about the Winneshiek County Protectors' work and our stances concerning possible frac sand mining in Winneshiek County.

Since Winneshiek County Protectors is not promoting an outright ban on frac sand mining in the county, we are not talking about commerce. There are silica sand mines in Winneshiek County providing agricultural bedding. That would be unchanged under the protections Winneshiek County Protectors is asking for. Since we are not asking for an outright ban on silica sand mining, there would be no industry lawsuit about the rights of commerce with the Winneshiek County Protectors approach.

What Winneshiek County Protectors has been working on is updating and strengthening the land use regulations, the Zoning Ordinances and Comprehensive Plan in Winneshiek County. This approach is about land use regulations and not about commerce and so would not invite an industry lawsuit against Winneshiek County.

Iowa law allows local control land use regulations concerning mining. Other counties already have these ordinances on the books and have had for years. An example would be the regulations in Pottawattamie County concerning mining the Loess Hills. This is settled law in Iowa. The mining industry would have to sue the state, not Winneshiek County, to change the way Iowa allows for local control of land use concerning mining.

Through personal meetings with Iowa State Senators Winneshiek County Protectors has gotten assurances from Iowa Senate Majority Leader Mike Gronstal and other Senators in leadership positions that no changes to local control on land use regulation in relation to mining will be considered this year in the Senate.

Although the Winneshiek County Protectors and the Community Rights Alliance are both working to preserve and protect the unique landscape and topography of the County, there are significant differences in our approaches.

Unlike the Community Rights Alliance, Winneshiek County Protectors' approach is less likely to invite lawsuits. Community Rights Alliance accepts lawsuits as an acceptable risk.

Winneshiek County Protectors works within the regulatory and constitutional framework.  Though imperfect, the regulatory model of community protection still offers a politically feasible result.  The Community Rights Alliance approach requires officeholders to embrace a different model entirely.

We understand that at certain times all people have to work to make sure that constitutional protections are honored by everyone in order to have clean air, water and soil; protections for property rights; protections for human health and well-being. Think about the positive achievements of the era of Teddy Roosevelt and the Progressives. The Winneshiek County Protectors simply feels that this work can be done within our constitutional framework, as it has been done historically, and does not advocate getting rid of that framework.

Good luck to members of both organizations, other concerned Winneshiek County residents and elected and appointed officials in their efforts to maintain the beauty and health of Winneshiek County.