Foundation and Soil Management Fund Ordinance Update

Overview

This proposed ordinance involves new state enabling legislation with some significant local policy issues. Therefore, the Board wants to ensure that we are comfortable with the language of the County’s proposed Foundation and Soil Management Fund Ordinance and that the proposed ordinance is clear to both the public and staff. Following the Board's authorization of the public hearing during the July 8, 2025, meeting, several questions have been raised regarding the language used in the advertisement of the draft ordinance. Based on the various questions raised regarding the draft ordinance, the advertised language is not in final form for the Board to consider adoption today. The Board may desire additional changes to the proposed ordinance that may require another public hearing. As such, it is proposed that the Board not take action on this item today. Instead, it is proposed that the Board move forward with the following directive: The County Executive is directed to work with staff to revise the language of the proposed draft Foundation and Soil Management Fund Ordinance based on staff’s recommendations regarding issues raised by individual Board members, industry, the public, and other stakeholders. The County Executive is further directed to work with staff to return to the Board on November 18, 2025, with an agenda item that allows the Board to review the revised draft language prior to scheduling and holding a public hearing. On November 18, 2025, the Board can then consider whether to authorize a public hearing for December 16, 2025, when the Board can consider adopting an ordinance on the revised draft language recommended by staff. Such recommendations should, where applicable, include timelines, fiscal impacts, and other pertinent impacts for Board consideration. The County Attorney’s Office is directed to review the information and recommendations for any legal issues.

Supporting Materials

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