Price County residents fight gravel pit and asphalt plant in residential neighborhood as state law limits county power to say no

Last updated: May 2026

More than 40 homes sit within a half mile of N9510 E. Solberg Lake Road in the Town of Worcester. Thirty-plus children live on what residents call “the loop,” a quiet stretch where kids ride bikes and neighbors walk dogs; the only traffic concern is the occasional ATV. On May 21, 2026, more than 30 of those residents showed up at the Price County Land Use and UW-Extension Committee meeting to oppose three conditional use permit applications that would put a gravel pit and temporary asphalt plant in the middle of their neighborhood.

The committee postponed all three decisions to its June 18 meeting. But what happened in that hearing room revealed a tension that goes well beyond one gravel pit: Wisconsin state law constrains how much power local governments have to deny permits like these, even when dozens of residents raise documented health and safety concerns.

The applications and the timeline

Janak and Sons, a Phillips-based excavating company, filed two applications on April 16, 2026: one for a gravel pit conditional use permit, and one for a reclamation plan. Five days later, on April 21, American Asphalt of Wisconsin, a division of Mathy Construction based in Mosinee, filed a separate conditional use permit application to operate a temporary asphalt plant on the same property.

The property, located at NW1/4 SE1/4, Section 5, Township 37N, Range 1E, is zoned agricultural. Janak and Sons purchased it in April 2026. That purchase came after American Asphalt won a county highway bid in February 2026, months before the land even changed hands or any CUP applications were filed. The sequence matters: the company that needed aggregate for county road projects won the bid first, then the land was acquired, then the permits were applied for. No alternative sites were presented in the application.

The gravel pit would operate for 10 or more years, excavating 20 to 30 feet deep, approaching the water table in an area where every home relies on a private well. Crushing would produce roughly 10,000 cubic yards per year, with trucks carrying material in and out on Solberg Lake Road, a narrow road without a center line that is the gateway to Solberg Lake Park and multiple campgrounds and resorts. During peak production, Janak and Sons told residents to expect 100 to 120 truckloads per day.

The asphalt plant would operate within a window of June 15 through November 1, 2026, with actual production expected to last about seven weeks, Monday through Friday from 6 a.m. to 7 p.m. and Saturdays from 6 a.m. to 3 p.m. American Asphalt vice president Matt Slinger told the committee the plant would likely move in by early August.

What residents brought to the hearing

The opposition was organized, specific, and grounded in verifiable claims. Written objections filed with the zoning office came from more than 15 property owners. Oral testimony came from another 15 speakers, several with professional credentials directly relevant to the applications.

Sawyer Desitel, a certified functional safety engineer who lives approximately 500 feet from the proposed site at N9512 Westview Road, submitted a detailed letter citing Safety Data Sheet hazards for asphalt cement and crystalline silica dust. He identified carcinogenic and respiratory hazard classifications from the SDS documents and argued that dust from crushing operations would travel past property lines and be inhaled by residents. “From a pure risk-based situation,” he told the committee, “this is an unacceptable risk.”

Ashley Matzick and Danny Jorgensen, who live on South U Lane, submitted a legal letter citing Wisconsin Statute section 59.69 and the “substantial evidence” standard for CUP denials. They listed specific missing analyses: traffic impact study, groundwater evaluation, air quality assessment, noise study, and compatibility analysis. “What amounts to a ‘nothing bad is going to happen, trust me,’” Jorgensen said of the applications, “there’s no data, no information provided around studies about the environmental impact.”

Tammy Mel Bower, a 38-year employee of Schneider National trucking who lives on Solberg Lake Road, brought transportation expertise. She told the committee that the Wisconsin DOT records approximately 500 commercial vehicles per workday on Highway 13 near the site, and asked the committee to consider adding another 100 to 125 commercial vehicles per day in a residential neighborhood on a road with no center line.

Joseph France, 72, lives at 10555 E. Solberg Lake Road and drove asphalt trucks for Mathy Construction earlier in his career. “I sent thousands of trucks loaded with black oil, loaded at 300 degrees,” he told the committee. “My company had to pay for the cleanups. You never clean it up. It’s mitigation.” France said he had a monitored well for 25 years due to pollution from a site he worked. He recommended the committee rezone the entire area to RR1, which would prohibit the industrial use entirely.

Mary Kurth, who lives at N9465 directly across from the proposed pit entrance, told the committee her grandson has asthma. “How will I ever be able to have them over to my house in the summer when you have a plant like that?” she asked. She noted that when the wind blows from the west, fumes from the existing Northern Lakes Concrete plant already make her feel sick.

Joseph Wengert, owner of Comfort Cove Resort 1.4 miles south on Solberg Lake Road, told the committee that 88 percent of his customers arrive from the south, driving past the proposed site. “Who’s going to go camping smelling that?” he asked. His resort serves 200 to 250 customers per weekend who support local bars, restaurants, and gas stations.

Evan Evenson, a civics teacher at Phillips High School who lives on Westview Road, framed the issue in terms of representative democracy. “I teach about representative democracy and the importance of how we elect people to make choices that would represent what the people want,” he said. “I think we’ve seen here today that the people have spoken. Please don’t make me a liar.”

The county’s constrained hand

Committee chair Robert Kopisch acknowledged the scale of opposition but immediately raised the legal constraint that shapes the entire process. “There is a Wisconsin Act 67 that says that we cannot deny these permits outright unless there is substantial evidence that would warrant denial,” he told the crowd.

Act 67, passed in 2017, amended Wisconsin Statute section 59.69 to limit county authority over conditional use permits for nonmetallic mining operations. Under section 59.69(5e), a county cannot deny a CUP without substantial evidence that the proposed use would be detrimental to public health, safety, or welfare, or would substantially impair surrounding property values, or would not be compatible with the surrounding area. The statute requires the county to grant the permit if the applicant meets the statutory standards.

The “substantial evidence” standard for nonmetallic mining CUPs is codified in Wisconsin Statute section 59.69(5e), enacted through 2017 Wisconsin Act 67. Substantial evidence means facts and data 舒 not general community opposition, sentiment, or speculation. General community opposition, without more, does not meet this bar. But specific, documented evidence — the traffic volume calculations, SDS hazard citations, proximity data, and missing applicant analyses that Worcester residents compiled — meets the statutory substantial evidence standard.

The committee also has the authority to impose “measurable and reasonable conditions” on any approved permit. Kopisch stated explicitly: “These permits will not be issued without conditions.” Zoning administrator Evan told the committee he would prepare a preliminary list of conditions before a special meeting scheduled for June 9 at 10:30 a.m., where corporation counsel Bryce will also advise the committee on the substantial evidence standard.

The one-acre loophole

Brent Janak, owner of Janak and Sons, pointed to another wrinkle in the regulatory framework. Under Wisconsin Administrative Code NR 135.11(2), a gravel pit of less than one acre does not require a state reclamation plan. However, this exemption applies only to the state-level reclamation permitting process under NR 135 — it does not remove any conditional use permit requirements imposed by the county’s local zoning ordinance. The question of whether a one-acre pit still needs a local CUP depends entirely on Price County’s zoning code, not on NR 135. Janak suggested that “NR 135 allows one-acre pits without a CUP,” Janak said on record.

Kopisch explained the implication under the current regulatory framework: if no CUP is required for small operations under the county’s ordinance, Janak could mine the property one acre at a time, close each small pit, and open the next, without county zoning oversight. (This scenario assumes Price County’s zoning ordinance does not require a CUP for pits under one acre — a question the committee did not resolve at the hearing.) This creates a pressure valve for the applicant but also a dilemma for the community. Approving the CUP with conditions at least gives the committee regulatory use. Denying it could push the operation into the NR 135 exemption, where conditions cannot be imposed at all.

Joseph France pushed back on the one-acre argument, telling the committee that the exemption “takes into account for any environmental hazard or change to the environmental area. So the one-acre thing, let’s stop talking about that. That doesn’t come in here.”

What the applicants did and did not provide

Brent Janak presented a rendering of the proposed site showing berms along Solberg Lake Road, trees planted on top, a blacktop entrance, and flowers in front. “We want it to be presentable,” he said. He told the committee the company sprays chloride on the pit floor to control dust and described community donations to schools, splash pads, ball fields, and free excavation work for families who lost homes to fires.

Matt Slinger of American Asphalt told the committee the company’s most recent stack test measured at 4 percent of the allowable particulate limit. He said the company carries DNR air emission permits and stormwater permits, uses double-walled diesel and burner oil tanks inspected monthly, and adds an odor neutralizer to the asphalt cement. He offered to discuss conditions including restricting truck travel to southbound only, a 40 mph speed limit, and radar speed signs.

Tristan Gardner, a safety and health professional with American Asphalt, argued that the SDS hazards cited by opponents apply to workers in close contact with the products, not residents hundreds of feet away. “Similar things could be found on the safety data sheet for gasoline or Clorox spray that you use in your bathroom,” he said.

What the applications left out is as notable as what they included. The applicants submitted no traffic impact study, even though the operation would add 100 to 120 daily truckloads to a residential road. They provided no groundwater evaluation, even though excavation would reach within a few feet of the water table in a neighborhood where every home uses a private well. They offered no air quality analysis and no noise study. The reclamation plan has no timeline, no milestones, and no specific steps , just a rendering of what the site might look like decades after operations end. As Sawyer Desitel noted, “A picture and a vision, an idea, isn’t a plan. A plan requires dates, details, and a progression of effort that should be tracked.”

On the CUP application itself, the applicants checked “no” for every impact question , public health and safety, neighborhood character, existing roadways , and left the question about excavation effects on neighboring properties blank.

The $650,000 park next door

In 2025 and 2026, Price County invested approximately $650,000 in Solberg Lake Park, adding a campground, playground, and pavilion. The park sits on Solberg Lake Road, downstream of the proposed pit entrance. Mary Kurth and other residents pointed out that the same road tourists use to reach the park would carry 100-plus truckloads of gravel and asphalt per day. The county made the investment to attract visitors. Putting an industrial operation at the entrance to that road calls into question whether the investment pays off.

What happens next

The committee meets June 9 at 10:30 a.m. with corporation counsel to review the substantial evidence standard and discuss conditions. The full committee vote is scheduled for June 18. Wisconsin law gives the committee 90 days from the application filing date to make a decision, which puts the deadline in mid-July. Applications were filed April 16 and April 21, 2026.

If the committee denies any of the three permits, the applicants could appeal under Wisconsin Statute chapter 68 or seek certiorari review, where the presumption favors the applicant if statutory criteria are met.

The Town of Worcester has not submitted a formal position. Zoning administrator Evan told the committee that the town chairman and a board supervisor contacted him but provided no official input.

The bigger question

What is happening on Solberg Lake Road is a local zoning dispute that also tests how much authority Wisconsin gives local governments when state law favors extraction. Act 67 was written to protect the nonmetallic mining industry from local opposition. The substantial evidence standard was written to prevent counties from denying permits based on community sentiment alone. The NR 135 one-acre exemption was written to allow small-scale mining without regulatory burden.

Each of those provisions serves a purpose. Together, they create a framework where a company can win a county bid, buy land in a residential neighborhood, file permit applications with no environmental studies, and place the burden of proof on the residents to demonstrate, with specific evidence, why an industrial operation should not operate next to their homes. The residents of the Westview loop have spent the past month compiling that evidence. Whether it meets the legal definition of “substantial” will be decided by seven committee members, advised by corporation counsel, under a state law that was not written with their neighborhood in mind.

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Sources

1. Price County Land Use and UW-Extension Committee meeting, May 21, 2026. Transcript on file with Price County Fun, source: Whisper transcription of public meeting recording.
2. Conditional Use Permit application, Janak and Sons, filed April 16, 2026, for gravel pit at NW1/4 SE1/4, Section 5, T37N, R1E, Town of Worcester.
3. Reclamation Plan application, Janak and Sons, filed April 16, 2026, same property.
4. Conditional Use Permit application, American Asphalt of Wisconsin, filed April 21, 2026, same property.
5. 2017 Wisconsin Act 67, amending Wis. Stat. section 59.69. Full text: docs.legis.wisconsin.gov/statutes/statutes/59/69.
6. Wis. Stat. section 59.69(5e), standards for denial of conditional use permits for nonmetallic mining, enacted by 2017 Wis. Act 67.
7. NR 135.11(2), Wisconsin Administrative Code, exemption for nonmetallic mining deposits of less than one acre from state reclamation permit requirements. This exemption does not affect local conditional use permit requirements. Full text: docs.legis.wisconsin.gov/code/admin_code/nr/135/11.
8. 2017 Wisconsin Act 67, codifying the “substantial evidence” standard for nonmetallic mining CUP denials in Wis. Stat. section 59.69(5e).
9. Written objections submitted to Price County Zoning and Land Conservation Department, read into the record May 21, 2026, by committee chair Robert Kopisch. Objectors include: James Cundinger, Marianne Kerner, Jennifer Hurtland, Al Fusok, Mary Kurth, Sawyer Desitel, Ashley Matzick, Danny Jorgensen, Kendall and Jane Frederick, William Hurtland, Kelly Bamke, Troy and Amy Grant, Kayla and Joe Wengert, Mark and Kimberly Firr.
10. Oral testimony, same hearing: Maryanne Kerner, Joseph Wengert, Laura Paulskill, John Reams, David Hinsman, Mary Kurth, Jerome Worsing, Sawyer Desitel, James Janak, Danny Jorgensen, Ashley Matzick, Tammy Mel Bower, Nick Gabe, Evan Evenson, Joseph France, Scott Upson.
11. Brent Janak, owner of Janak and Sons, applicant testimony and rendering presentation, May 21, 2026.
12. Matt Slinger, vice president, American Asphalt of Wisconsin, applicant testimony, May 21, 2026.
13. Tristan Gardner, safety and health professional, American Asphalt of Wisconsin, applicant testimony, May 21, 2026.
14. Robert Kopisch, committee chair, statements on Act 67, substantial evidence, NR 135 exemption, and conditions, May 21, 2026.
15. Price County Zoning Administrator Evan, statements on 90-day decision window, corporation counsel review, and Town of Worcester contact, May 21, 2026.
16. Price County financial records: $650,000 investment in Solberg Lake Park upgrades, referenced in county board meeting transcripts and Forestry and Parks committee reports, 2025-2026.
17. Wisconsin Statute chapter 68, administrative review of local government decisions.
18. Safety Data Sheet citations referenced by Sawyer Desitel in written objection: asphalt cement SDS (carcinogenic and respiratory hazard classifications), crystalline silica SDS.

See also: our ATV trail guide for Price County, our guide to free camping in Wisconsin, our 48-hour Price County itinerary, what makes Price County communities special and our guide to Price County public records

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See also: our Price County Board 2026 roster and meeting tracker

FAQ

Can the county simply deny the permits?

Not outright. Wisconsin Act 67 (2017 Wis. Act 67) amended Wis. Stat. section 59.69 to prohibit counties from denying conditional use permits for nonmetallic mining without “substantial evidence” supporting denial. Substantial evidence, as codified by 2017 Wisconsin Act 67 in section 59.69(5e), means facts and data 舒 not general community opposition or sentiment. Community opposition alone does not meet this standard, but documented health, safety, and environmental evidence may.

What is the NR 135 one-acre exemption?

Wisconsin Administrative Code NR 135.11(2) exempts nonmetallic mining deposits of less than one acre from requiring a state reclamation plan. This is a state-level exemption only — it does not exempt operators from local conditional use permit requirements, which are governed by the county’s zoning ordinance. Whether a one-acre pit also avoids local CUP requirements depends on Price County’s specific zoning code. If the county requires a CUP regardless of size, the NR 135 exemption would not prevent county oversight. The theoretical scenario of mining one acre at a time only applies if Price County’s ordinance also has a size-based CUP exemption. pit and opening the next. Asphalt plants are not mining operations and fall outside NR 135 entirely; their CUP requirement comes from the county’s zoning ordinance.

What happens if the committee denies the permits?

The applicants could appeal under Wis. Stat. chapter 68 (administrative review) or seek certiorari review in circuit court. In certiorari proceedings, the presumption favors the applicant if the statutory criteria for approval are met. The county would need to demonstrate that its denial was supported by substantial evidence in the record.

What conditions can the committee impose?

Under Wis. Stat. section 59.69, the committee can place “measurable and reasonable conditions” on approved permits. Possible conditions discussed include setbacks from residences, limits on crushing frequency and duration, restrictions on truck routes and hours of operation, dust control requirements, and limitations on the size of the pit. Committee chair Kopisch stated that permits would not be issued without conditions.

When is the decision deadline?

The committee has 90 days from the application filing date to render a decision. Applications were filed April 16 and April 21, 2026, placing the deadline in mid-July 2026. The committee meets June 9, 2026, with corporation counsel, and the full committee vote is scheduled for June 18, 2026.

Did the applicants provide environmental studies?

No. The CUP applications did not include a traffic impact study, groundwater evaluation, air quality analysis, or noise study. The applicants answered “no” to questions about whether the project would affect public health and safety, neighborhood character, and existing roadways. The question about excavation effects on neighboring properties was left blank.

How close are homes to the proposed pit?

Multiple homes sit within 200 feet of the proposed pit boundary. More than 40 homes are within a half-mile radius. Sawyer Desitel’s home at N9512 Westview Road is approximately 500 feet from the site. Mary Kurth’s home at N9465 is directly across from the proposed pit entrance with no buffer.

Frequently Asked Questions

Update: June 18 Committee Vote

On June 18, 2026, the Price County Land Use and UW-Extension Committee voted 4-1 to approve all three conditional use permit applications for the gravel pit and asphalt plant in the Town of Worcester. American Asphalt of Wisconsin withdrew its asphalt plant application before the vote, citing the buried landfill discovery and 15 DNR-imposed conditions. The gravel pit CUP was approved with conditions including a 100-foot setback from neighboring wells, dust control measures, and a reclamation timeline. Read our full coverage of the June 18 vote.

Timeline of Key Events

Date	Event	Source
Feb 2026	American Asphalt wins county highway bid	Price County Highway Dept.
Apr 16, 2026	Janak and Sons files gravel pit CUP + reclamation plan	Price County Zoning
Apr 21, 2026	American Asphalt files asphalt plant CUP	Price County Zoning
May 21, 2026	Public hearing: 30+ residents oppose	Price County Land Use Committee meeting
Jun 2026	DNR confirms buried demolition waste on site	Wisconsin DNR site investigation
Jun 18, 2026	Committee votes 4-1 to approve gravel pit; American Asphalt withdraws	Price County Land Use Committee meeting

Sources: Price County Zoning Department records, Wisconsin DNR site investigation report, Price County Land Use and UW-Extension Committee meeting minutes.