EMMETT, Idaho — Gem County commissioners Tuesday night approved the controversial Merrill's Pit project — a proposed 393-acre gravel pit near Star Lane and Sales Yard Road that has divided the community for months.
Watch to hear neighbors' reaction to the Merrill's Pit approval.
Idaho News 6 has been following this story since November.
RELATED | Emmett neighbors fight gravel pit approval despite county commissioners' decision
The public hearing on the application had closed on April 7, 2026. Tuesday night's session was dedicated to deliberation and decision only — no new public testimony or presentations from the parties were heard.
The board reviewed the application with fresh eyes and from the beginning, as determined at the initial hearing in December 2025. Commissioners worked through each of the nine required findings under Gem County code before reaching their decision.
Before deliberations began, Commissioner Kirk Wille set the tone for the evening.
"It's very important to the board that we get this right," Wille said.
Wille also clarified the board's role, explaining that commissioners were acting in a quasi-judicial capacity — evaluating the record against Gem County code currently in effect, nothing more and nothing less. He noted that Commissioner Defer had already been excused from deliberation and decision in the matter. Wille also disclosed that he had conducted a site visit using public roads to familiarize himself with the location and surrounding area, but said he believed he could remain impartial.
The board entered additional information into the record before deliberating, including a survey of Star Lane reviewed by Keller Associates, the county engineer, along with a letter and bridge reports from the interim roads director.
The board worked through each of the nine required findings under Gem County code, with Commissioner Kirk Wille and Commissioner Mark Rekow discussing their concerns at length before reaching a unanimous vote.
On dust and public health, both commissioners concurred with planning and zoning's finding that the project would not create a significant negative impact — with Wille adding an amendment requiring that watering during crushing operations be continuous at all times, after testimony revealed the system sometimes fails.
On roads, commissioners said the project would require design approval for Star Lane, ITD permitting for the highway intersection and a clarified road mitigation agreement before Phase 1 can begin. Rekow raised concerns about the volume and weight of trucks on county roads and said the improvements must be comprehensive. Both commissioners also discussed requiring a 30 mph speed limit on Star Lane — which would need to come back before the board by resolution — and the possibility of applying the county's compression brake ordinance to that stretch of road.
On appearance and property values, Wille said the berm must extend completely around the entire operation — not just part of it — and that stockpiles must be no higher than the berm landscaping so they are screened from public view. He acknowledged the record contained competing expert reports on property values and said the impact would likely be negative in the short term.
On noise, vibration, and unsightliness — which Wille called the finding he struggled with most — he said the proposed 400-foot setback for crushing operations was not sufficient and that the crusher must be placed approximately 1,000 feet from the property boundary. He also said conditions must clarify that no equipment operations occur early in the morning, that trucks have a designated staging area off the road, and that white noise backup alarms be explored as an alternative to standard beepers.
"The gravel is where the gravel is, and this area has been zoned this way for a very long time. It's just taken time for it to start to grow," Wille said.
On water, commissioners required Granite Excavation to increase monitoring wells from 2 to 5 and recommended requiring a real-time SCADA — Supervisory Control and Data Acquisition — monitoring system accessible by the company, the county and potentially other agencies. Wille said the existing condition of approval language was unenforceable as written.
"As a lawyer, I can tell you that language is so restrictive, you'll never be able to prove it, and a nearby property owner would spend thousands of dollars trying to do so," Wille said.
He said the condition must be reworded so that a corresponding drop on both a neighbor's well and the on-site monitoring wells is considered conclusive evidence of impact.
After working through all nine required findings, Wille said he saw no other way to make the two uses compatible without the extensive conditions discussed throughout the evening.
"Obviously, this is a very restrictive conditions of approval, but I see no other way to make these two uses or the uses compatible. So with the amended and additional conditions of approval, I would be in favor of the application," Wille said.
A motion was made and seconded. The vote was unanimous. When Wille thanked attendees after the vote, the room erupted with shouts from neighbors in the audience.
"Thank you everyone. This is very hard. Probably the hardest thing..." Wille said, before neighbors in the room shouted back.
After the hearing, Idaho News 6 spoke with Dusty Hibbard, vice president of Granite Excavation. He said the company first met with Gem County more than two years ago and that the process has been thorough.
"We're really excited," Hibbard said.
He said the commissioners followed the ordinances and also did their job protecting landowners, noting that the conditions placed on this approval are more extensive than any other gravel pit the county has approved.
Hibbard said the company's message to neighbors has not changed.
"We're stewards of the land. We're gonna do it right. I think that all of the neighbors will be pleasantly surprised and happy with how we run our operations," Hibbard said.
"We live here, we work here, our kids go to school here, we're born and raised Idahoans, and we're not here to create enemies. Neighbors have a problem, we wanna be the door they knock on to get a result. We don't want them going to the county and causing issues. We wanna take care of them," Hibbard said.
Emmett neighbor, David Dutra, said the decision left him deeply frustrated.
"I'm a construction worker. I understand the importance of gravel, I'm not against it. That's what I do. We build things. But there's regulations put in place to protect citizens that go out there and buy property," Dutra said.
He said the commissioners acknowledged concerns about property values and road safety throughout the hearing, but approved the project anyway.
"The law is pretty clear-cut. It's pretty black and white, and they do that for a reason. And I feel like if there was another area suitable for a gravel pit, we wouldn't be having this conversation. But they're willing to bend rules and regulations to support something that the state needs," Dutra said.
Dutra said he is concerned about who will enforce the conditions over the life of the project, and questioned whether the promise of a future housing development — which commissioners noted could eventually help restore property values — is relevant to the special use permit decision.
"A housing development has nothing to do with the special use permit and getting permission to have this permit. That's irrelevant, should never be taken into consideration," Dutra said.
He said the community includes many retired residents who moved to the area specifically for its rural character, and that some neighbors have already been affected.
"Got a lot of retired residents, some of which have had heart attacks after the last hearing, some that might not be here 10, 15, 20 years, whenever they decide this pit's going to be done. Who's going to enforce all these standards?" Dutra said.
Idaho News 6 also spoke with Landon Brown, attorney for the Southwest Gem Community Association.
"My clients are disappointed in the decision today. They are concerned about their health. They're concerned about their way of life, about their property values," Brown said.
"They're hopeful that the conditions imposed will mitigate some of those impacts, but there's also a real fear that this decision will cause irreversible harm to their way of life," Brown said.
Commissioners approved the special use permit with new conditions, including changes related to dust control, road improvements, setbacks, berms, and water monitoring.
