The “Scenic Pit” in Richfield, Wisconsin, is an abandoned quarry that its owners, Danah and Thomas Zoulek of Scenic Pit LLC, aim to restore by filling it with clean fill—uncontaminated soil and materials from construction sites. Their plan includes eventually developing the site into residential lots.
Wisconsin Law Journal
The Village of Richfield has opposed this project, citing concerns over zoning and environmental impacts. Initially, the property was zoned in a manner that allowed quarry restoration. However, after learning of the Zouleks’ intentions, the Village rezoned the property to Rs-1, a designation prohibiting landfill operations, including clean fill activities.
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The Village also required the Zouleks to obtain several local approvals, such as amending the comprehensive plan, rezoning the property, applying for a conditional use permit, and securing construction storm water and erosion control permits. The Zouleks contended that, under Wisconsin state law, clean fill facilities are regulated by the Wisconsin Department of Natural Resources (DNR) and are exempt from certain local approvals.
Stafford Law
This dispute led to legal action, culminating in the Wisconsin Court of Appeals ruling in favor of Scenic Pit LLC in 2017. The court determined that the state’s regulatory framework preempted local zoning ordinances in this context, allowing the Zouleks to proceed without the additional local approvals the Village sought to impose.
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The Village’s opposition appears rooted in concerns about environmental impacts, community aesthetics, and adherence to local zoning laws. Despite the court’s decision, the case highlights the tension between state regulations and local governance in land use and environmental matters.