Albemarle Supervisors seek information on fill dirt activity in Earlysville Forest

In the fall of 2020, Albemarle County Supervisors adopted an ordinance that limited the amount of dirt and debris that could be imported onto property in the rural area. One of the purposes was to curtail a practice of burying debris from demolished buildings within Albemarle County.

The ordinance provided a way for landowners to seek exceptions and Tim Kindrick sought one in the summer of 2022 for land his family has owned since the 1730’s. In 2009, about 90 acres of forested land was clear cut for timber and he worked with the United States Department of Agriculture to develop a plan to return the land for eventual use as farmland.

Supervisors denied his first application in July 2022 in part because he claimed the county had no authority to impose the ordinance. Instead of fighting that in court, Kindrick worked with staff to make an application for a special exception.

When that went before the Board in February 2023, Supervisors granted Kindrick several special exceptions to a county ordinance that limits the amount of fill dirt that can be imported onto a property to no more than two acres. Kindrick wanted to exceed the amount allowed in order to reclaim the land for agricultural use under the plan sanctioned by the Natural Resources Conservation Service. (read that application)

Approval came with eight conditions including one that limited hours, another that said only ten trucks could be used a day, and one that said the county must be given information on what’s in the fill. No more than four acres of land can be under reclamation at a time and all of the work must be completed by August 31, 2028.

Trucks use Carriage Hill Drive to access the property using an easement that dates back to the 19th century. This has raised the ire of some residents of the Earlysville Forest neighborhood who have asked Supervisors to step in.

At the August 6, 2025 meeting of the Board of Supervisors, White Hall representative Ann Mallek said activity has exceeded the scope discussed at the February 2023 meeting.

“[The] county corroborated neighborhood truck traffic counts over the last many months have ranged from a few to 80 trucks per day,” Mallek said. “At least one day over 100 trucks going in and out.”

The conditions did not put a limit on the number of trips each of those ten trucks could take in one day, but Mallek wanted to know if at least three other Board members would support an investigation.

Supervisor Michael Pruitt of the Scottsville District said he supported the idea in theory but was concerned the county had no authority to compel any changes.

“I am wondering if there is a vested right that we cannot take back away at this point,” Pruitt said. “And if that is the truth, then I’m not sure I want additional presentation on it.”

County Attorney Andrew Herrick said the Board can revoke a special exception after a public hearing but distinguished how staff can also play a role.

“To the extent that there’s concerns that the owner is not complying with the zoning ordinance, that would be a matter for the Zoning administrator to enforce,” Herrick said. “To the extent that the applicant is not complying with any of the conditions of the special exception, that would be a matter potentially for the Board of Supervisors to consider in a potential revocation of the special exception.”

Pruitt said he sympathized with neighbors but was unclear if there was any violation of the special exception.

Supervisor Bea LaPisto-Kirtley said she would support more getting more information and was reluctant to hold a public hearing on a revocation at this time.

“If they give us a report, they can just give us a report, an email whatever, just to say, yes, they’ve met the conditions and no, they haven’t met the conditions, and if they’re violating the conditions and what have we done about that?” said LaPisto-Kirtley.

There was enough direction to turn this over to staff for discussion at a later date.

This specific request is not on the agenda for the September 17, 2025 meeting but there will be a work session on potential revisions to change. View all of the materials here.

Resources:

• Kindrick’s application for a special exception
• Minutes from the February 15, 2023 meeting of the Board of Supervisors
• Item materials from February 15, 2023 consideration of special exception

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