Combine’s Gravel Pit Ban: What Mining Was Exempted?
A 2025 ordinance repeal closed the door on new gravel pits, but records show at least one mine legally continued operating under rules already in place.
Combine no longer allows new gravel pits within city limits. That does not mean every mining operation in the city has stopped.
When the City Council repealed its gravel pit ordinance in January 2025, it closed the door on new permits. Operations already permitted before that date were treated differently.
That distinction became a legal dispute six months later. Verdego Materials challenged the city’s refusal to issue a grading permit for a large tract near FM 3039 and Celia Drive.
How the Ordinance Worked Before It Was Repealed
The City Council adopted Ordinance 2025 002 to repeal Chapter 151 of the city code. Chapter 151 was titled Gravel Pits and dated back to a 1999 ordinance.
Under that law, anyone wanting to operate a gravel pit first had to apply directly to the City Council. Each application had to identify the operator and the exact acreage involved.
A permit only authorized excavation at the location and dimensions the council approved. It did not grant blanket rights to an entire property.
Key Limits Under the Former Ordinance
Verdego Materials: The Operation Confirmed by Public Record
Public records confirm one mining operation continued after the repeal. Verdego Materials LLC operates a sand and gravel pit near Combine Road and FM 1389.
The company is associated with Clayton Wittwer. Court records show its customer trucks accessed the site almost exclusively through FM 1389 and Combine Road.
That truck traffic later triggered separate litigation. The city removed part of Combine Road from its designated truck routes, prompting a lawsuit from Verdego.
The Texas Fifth Court of Appeals addressed the mine directly. The court issued its opinion on August 11, 2026, confirming Verdego’s ownership and operation of the pit.
The appellate court ultimately upheld dismissal of that separate lawsuit against the city.
Two Verdego Properties, Two Different Outcomes
Verdego’s confirmed FM 1389 mine should not be confused with a second application involving a much larger tract.
Verdego submitted a grading permit application on May 13, 2025. The request covered part of a 142 acre tract near FM 3039 and Celia Drive that city records call the Whiskey River Development.
City officials determined the proposed work amounted to mining rather than routine grading. Because Combine had already repealed its gravel pit ordinance, the application could not be approved under that law.
The city manager and city engineer denied the request, and Verdego appealed the denial to the City Council.
Residents spoke against the project at the July 28, 2025 meeting. They raised concerns about safety, nearby property and environmental effects, and submitted a geology report describing hazards tied to uncontrolled mining.
The council voted unanimously to uphold the denial.
| Property | Status | Legal Basis |
|---|---|---|
| FM 1389 and Combine Road | Continues operating | Permitted before the January 2025 repeal |
| Whiskey River, 142 acres near FM 3039 | Application denied | Submitted after the repeal took effect |
Setback and Safety Requirements
Combine’s former ordinance did not ban mining near homes outright. It instead required specific separation and safety measures.
| Requirement | Standard |
|---|---|
| Wash pond setback from a residential lot | 600 feet minimum |
| Fencing near a home | Required within 1,000 feet of a residence |
| Maximum acreage open at once | 15 acres |
| Maximum operating span per section | 2 years |
| Reclamation deadline | 6 months after excavation ends |
| Performance bond | $5,000 per acre or portion of an acre |
What the Record Confirms, and What It Does Not
City council minutes and Verdego’s own litigation confirm that mining generated meaningful truck traffic on Combine Road and FM 1389.
Neither the city ordinance nor the public record establishes a specific daily truck limit or a verified average trip count for grandfathered mines.
How Long Can a Grandfathered Mine Keep Operating?
Because the ordinance is now repealed, the remaining life of any single grandfathered operation depends on the specific permit issued before January 2025.
Why Some Mining Rights Survived the Repeal
Ordinance 2025 002 did more than delete Chapter 151. It also included a savings provision.
That provision states the repeal does not disturb rights or proceedings that had already been established before the ordinance took effect.
That language is the basis for the city’s position that mining permitted before January can continue. It also explains why Verdego’s Whiskey River application faced a different outcome after the repeal took effect.
The Bottom Line for Combine Residents
Combine’s public record establishes several facts clearly. New gravel pits are no longer permitted anywhere within the city.
At least one legally permitted operation continued after the ban took effect. The Verdego mine near Combine Road and FM 1389 is confirmed through both city and court records.
A complete inventory of every grandfathered permit is not consolidated anywhere in the public record. Until that documentation is published together, residents can confirm that grandfathered mining exists but cannot verify its full scope from city records alone.
