PERRYVILLE -- Burlington Northern-Santa Fe Railroad and the Perry County Commission are a step closer to resolving their dispute over a building regulation in flood-prone areas of the county.
A representative from the Federal Emergency Management Agency met with the commission Thursday to discuss the lawsuit. The three-member commission hopes to make its final decision by Monday.
Burlington Northern filed a lawsuit after the commission refused to grant a building variance request.
A county ordinance requires new buildings to be elevated 1 foot above the flood plain level. But the railroad's maintenance shed didn't meet that requirement when it was built after the 1993 flood.
Perry County Circuit Court Judge John Grimm ordered the commission to hold a formal hearing to discuss the matter with railroad officials.
Now the ultimate decision rests with the commission, said Presiding Commissioner Karl Klaus, adding that they have asked for advice from FEMA.
"It's the commission's decision," said Herman Skaggs, a flood plain specialist for FEMA. "FEMA's purpose is not to tell you whether to do this or that. We provide guidance based on the background."
Commissioners are concerned that granting any variances to the ordinance could mean problems with the county flood insurance program.
"It could open a big can of worms," said commissioner Dennis Lehman.
In other business, the county applied for a recycling grant from the Missouri Department of Natural Resources.
The application for the $10,000 grant will be sent through the Southeast Missouri Regional Planning Commission.
The county plans to recycle plastics at first and then add other materials after the program gets started.
"It's best to start with one thing and add," Klaus said, adding that the recycling program will help with landfill waste reductions.
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