After the community advocacy group Don’t Leave It To Beaver successfully defeated a mining proposal near the White River and residential neighborhoods in 2022, another Noblesville gravel pit was proposed a year later. 

In September 2023, Beaver Gravel Corporation proposed another mining operation in Noblesville, Indiana. This time it was in extreme proximity to residential homes, a horse stable, a soccer (futbol) club, and near wetlands and wildlife habitat. It was swiftly opposed by many residents who lived nearby, with nearly 100 people attending the Noblesville Board of Zoning Appeals (BZA) hearing and several speaking out in opposition of the mining proposal, including Hoosier Environmental Council.

Map showing the approximate mining location and surrounding environment in Noblesville, Indiana. Image credit: Hoosier Environmental Council

Residents began a legal opposition to protect their community from the operation. The Hamilton County Superior Court recently overturned the variance that had originally granted permission for Beaver to mine gravel on a zoned residential property. The Court determined the BZA’s decision was invalid on various legal fronts, including that it failed to meet the necessary requirements for a variance.

The Court also determined that the Comprehensive Plan’s stated purpose for Preservation/Natural Areas, which was the intended use of the property, was in direct conflict with evidence in the record demonstrating that mining is a high intensity use and one of the most significant land altering forces on the planet. 

HEC’s Water Science and Sustainability Specialist, Susie McGovern, testified at the public hearing to support the community in their opposition to another mining operation in Noblesville, which is already burdened by several of these facilities. In her testimony, she says, “this is not a matter of whether there could be consequences, but rather, what do those consequences look like?”

Noblesville is currently undergoing significant development pressure, and many residents remain worried about what the future of the city could look like, which is why it is important for their voices to be heard at public hearings. 

These public hearings are designed to be informative and create a space for open dialogue and a platform for the community to share their concerns. Yet, the Noblesville BZA failed to consider any of the community, environmental, or public health issues brought forth during the hearing and comment period. HEC is pleased that the Court ruled in the community’s favor, setting an important legal precedent for the city, and ensuring that the community does not have to suffer the consequences.

Read HEC’s public testimony here.

Read the full court decision here.