Between a Rock and the Government
Sanpete and Juab counties have a lot of rocks. Landscapers love to purchase these rocks for retaining walls and landscaping projects in Sanpete, Juab and Utah counties.
My cousin and I decided to get into the landscape rock business. We purchased an excavator and began digging rocks. We first talked to the county to see if there were any special permits that were required. I was told that the county just expected that during the reclamation we should restore the land to a “usable state.” That made sense to us because the rocks really devalued the land. Once the rocks were removed, it would be easier to use the land for grazing or possibly growing additional grasses that usually only grow in spots, thereby making the land more valuable.
We began to dig and sell rocks. After digging for about a month, I received a notice from the State of Utah taped to the gate of my property. The notice said I needed to stop digging and contact an official from the state about proper permitting.
This notice appeared just as winter was hitting our valley. I contacted the official and asked him about the note. He said that I must stop digging immediately and we would need to meet to discuss the permitting process. Agreeably, I shut down operations.
During our meeting a week later, the official stated that the law required me to have an archeology study and a reclamation plan to determine where water was to drain and identify any potential historical significance to any piece of the land among the piles of old rocks, ditches, bumps in the earth—you name it. Additionally, he said, I was required to post a reclamation bond on my property. He explained all this was required before I could continue digging up rocks on my own land.
I mentioned to this state official that we would like to expedite this process since shutting down a new business can be very damaging to its potential success. His reply was that we would need to wait until spring to do the archeology study because they can’t do it if there is snow on the ground. When I protested that this didn’t make a lot of sense and would damage our business venture, he insisted.
I contacted an archeologist who confirmed that he could not do his study until spring and that I will need to pay him around $5,000 (!) for the study.
In the meantime, I received a list of additional items that needed to be taken care of before we could resume digging rocks from my property. Among the requirements were a $50,000 bond and a restriction to limit us to working on only a couple of acres at a time.
I asked the official, “So, the state wants me to post a $50,000 bond to assure that I will restore my property back to how I want it and then the state will release my money? That doesn't make sense, does it?” He said, “I know it sounds a little off, but that's the law.” Ultimately, he would not budge nor consider the absurdity of the situation. And this was after he agreed that it seemed ridiculous that I was being required to restore my land to how I wanted. He replied, “I don’t disagree, but I have a job to do.”
I kindly asked him to put together a list of all the regulations I had to comply with. He provided me with a list of 23 items! When I asked him if this was a complete list he said believed so. Then I asked him to take the list back and clearly identify which items were legislatively required, and which were internal policies of the Division of Oil, Gas and Mining (DOGM). I explained that anything that is legislative is what my representative understands his department is doing. The internal policies are simply government overreach.
A little over a week later, he called and said he had my list completed and would like to meet. I contacted my Senator and asked him if he would come with me to the meeting. He agreed. I called the state official from the DOGM and told him I was bringing my Senator with me to discuss the matter.
We had a very productive meeting. It was determined that another meeting with the DOGM, the Department of Natural Resources, the Department of Institutional Trust Lands with my senator and I would follow. This meeting in Salt Lake City was also very productive. My senator stated that some of the requirements needed a closer look by the legislature.
I contacted my representative in the House to discuss possible action to correct the government overreach on this issue. He took it to committee which determined that not only do these entities control digging up rocks, but it had reached a point where if a homeowner digs a basement, he could not legally haul off rocks without the division’s approval! The Director of the DOGM and others from the state were questioned on the matter. Affected individuals were called on for questions. It was ultimately determined that there was obvious overreach, and it would be corrected in the legislative session.
A bill was drafted and presented to the state legislature and it passed virtually unopposed. It was sent to the Senate with the same result. The governor signed the bill, and it became law.
Today, if anyone wants to dig rocks on their personal property, the State of Utah requires no permit, no bond, and no archeological studies.
Sometimes it takes a little logic, determined action and a dash of tenacity to improve citizens’ lives by fixing the government.
The Right to be Treated with Compassion
My sister-in-law called me one day to say her daughter was having a difficult time breathing and she was worried. She determined that they needed to take her to the hospital ASAP.
On the way to the hospital, she got pulled over by the Utah Highway Patrol. She told the officer she was speeding because her daughter was having trouble breathing and needed immediate care.
She had no trouble accepting the ticket, but felt it was unacceptable that the officer took twenty minutes to write her up— even when he knew her daughter was struggling to breathe!
We called our Senator to explain what happened and he spoke to the officer’s boss. The Utah Highway Patrol has now improved its training.
Today, when an officer anywhere in the state pulls someone over and it’s evident there is a need for immediate medical care, the officer is trained to deal with the situation properly, promptly and with compassion.
Sometimes a little action is needed to encourage compassion. Even among those who serve us in government.
