30-17 MINING, QUARRY, SAND AND GRAVEL EXCAVATION OPERATIONS: Appeals
Unofficial copy. It may be out of date. Not legal or zoning advice. Zoning rules change, and only the city or county can say for sure what is allowed on a property. Confirm with the city or county planning department before you buy, sign or build.
The official Erda code is at https://erda.gov/city-codes-and-maps/.
Text pulled 2026-10-19 from this source.
Tables (like use tables) may not copy cleanly, so check any table against the official code.
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A. Any person adversely affected by any final decision made regarding the issuance of an Excavation Permit or other final decisions under the provisions of this Chapter (an Appellant) may file an appeal within ten (10) business days to the City Administrative Hearing Officer. The appeal shall be made in writing and filed with the Community 16 Development Department. The request shall contain the signature of the responsible party and a written justification of such appeal.
B. The appeal shall then be heard by the City Land Use Authority on a de novo standard in a public meeting in which only the Appellant and named parties to the appeal shall be entitled to present evidence.
C. In an appeal involving scientific or technical issues, any Appellant may request the City to assemble a panel of qualified experts who have knowledge and experience in excavation and mining operations and the reclamation of the same to serve as the appeal authority for purposes of determining the technical aspects of the appeal.
D. If a request is made under section 30-17(C), the City shall assemble the panel described in section 30-17(C) consisting of, unless otherwise agreed by the person appealing and the City:
1. one expert designated by the City;
2. one expert designated by Appellant; and
3. one expert chosen jointly by the City’s designated expert and the Appellant’s designated expert.
E. A member of the panel assembled by the City under section 30-17(C) may not be associated with the Excavation Permit or the excavation that is the subject of the appeal.
F. The Appellant shall pay:
1. one-half (1/2) of the cost of the panel; and
2. the City's published appeal fee.
G. Any person adversely affected by any final decision of the City Administrative Hearing Officer may file an appeal, based on and limited to a review of the record of the proceedings, in the State District Court within thirty (30) calendar days after the final decision is rendered by the City Administrative Hearing Officer.
30-16 MINING, QUARRY, SAND AND GRAVEL EXCAVATION OPERATIONS: Repealer · 31-1 PLANNED COMMUNITY ZONE (P-C): Definitions