Landfills – Zoning

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WI Court of Appeals – District II

Case Name: Scenic Pit, LLC v. Village of Richfield, et al.

Case No.: 2015AP2291

Officials: Neubauer, C.J., Reilly, P.J., and Hagedorn, J.

Focus: Landfills – Zoning

The siting of landfills is, understandably, often fraught with controversy. In response, the State of Wisconsin has seen fit to preempt local neighborly battles for the common good by establishing a statewide landfill regulatory scheme. This case concerns the scope of that statewide scheme for solid waste facilities exempt from regulation under WIS. STAT. § 289.43(8) (2015-16)—clean fill facilities—vis-à-vis a municipality’s zoning powers and certain other local construction permitting requirements.

Scenic Pit LLC sought to open a clean fill facility in the Village of Richfield. The Village maintains that a clean fill facility may not be opened and operated at the site Scenic wishes to use because it is not zoned for such activities, and because Scenic must, as a prerequisite, comply with local construction storm water and erosion permitting requirements as well. Scenic, relying on DeRosso Landfill Co. v. City of Oak Creek, 200 Wis. 2d 642, 547 N.W.2d 770 (1996), maintains that the Wisconsin Department of Natural Resources (DNR) has— pursuant to state statute and the administrative rules promulgated thereunder— exempted clean fill facilities from the local approvals identified by the Village, namely, zoning and certain construction storm water and erosion permitting requirements. We agree with Scenic and reverse the circuit court’s order granting summary judgment to the Village.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.