When the Metro Council approved his bill last month aimed at blocking a controversial proposed rock quarry in Old Hickory, Councilman Larry Hagar said he hoped state legislators would big foot him with legislation of their own to halt the project.
Democratic state Rep. Bill Beck, who represents the area surrounding the proposed quarry, tells Pith that he has just such a bill in the works. In fact, he has two pieces of legislation aimed at the quarry being drafted right now.
Hagar's bill passed by the Metro Council established required buffer zones between a rock quarry and homes, parks and schools, effectively to derail the quarry's development. But the would-be quarry operator purchased a piece of property off of Swinging Bridge Road in Old Hickory that has long been zoned to allow industrial uses like a rock quarry. Metro attorneys say the company would have a strong argument that they were already vested in the property before the Metro Council got involved, and is thus immune to new restrictions. A state bill, Metro attorneys said, would be more likely to actually apply to the proposed quarry and block it from moving forward.
The proposed quarry has riled nearby residents — who have concerns ranging from the value of their homes to wildlife in the area should the quarry come to fruition — and attracted attention from local, state, and federal lawmakers who share those concerns and have raised others, like the potential impact a rock quarry could have on the nearby Old Hickory Dam.
The first bill from Beck mirrors Hagar's legislation and would establish the same buffer zones, Beck says. The second, though, would seek to change the state vesting statute so that a property owner would need all required state licenses and permits for an intended use before they are considered vested in the property.
That is at the core of the dispute over the Old Hickory quarry. The quarry operators — more specifically, their attorney Tom White — have pointed to a building permit obtained this spring to construct an office on the property. But opponents, including Hagar and Beck, have repeatedly pointed out that quarry operators still lack a mining permit from the state. That is the crucial permit, they argue, when it comes to determining whether the company has vested rights to operate a quarry on the property. Beck's second piece of legislation aims to essentially codify that argument.
Asked how he would respond to the property rights argument the quarry company is making, and which he will inevitably face in the legislature, Beck says he believes that the opposition of nearby residents, along with other concerns about the quarry such as its potential impact on the nearby dam, outweigh those rights in this case. He says he intends to write the bills so that they apply statewide, but anticipates some haggling — "I might have to narrow it down to certain counties,” he says.
Beck adds that he's confident his bills would stop the Old Hickory quarry, should they pass. He expects the exact language will be ready after the new year.
This isn't the first time Beck has taken the handoff from a local legislator looking to stop a controversial project. In June, he sponsored and passed legislation aimed at blocking a swingers club from operating in Madison after then-Councilwoman Karen Bennett had passed a bill of her own changing the zoning code to block the club.
