Burlington-Northern Santa Fe railway broke ground last Thursday on a controversial freight rail facility near Wittmann.
Grading work began on 350 acres of the 4,300 acres owned by BNSF near Wittmann. BNSF said it is building a scaled-down facility to provide relief to their Glendale operation, which is at capacity and landlocked.
BNSF is planning on building an intermodal facility on the land to accommodate additional rail freight projected in Arizona.
Maricopa County denied BNSF a land use designation change in November, but did not close the door to future construction.
The Maricopa County Department of Air Quality confirmed it issued a dust permit for earthmoving and grading, but the county has not issued any building or land use permits.
BNSF is citing federal preemption law — which makes federal jurisdiction over railroad regulation universal — and allows it to build tracks and facilities on railroad property for specific use without any other governmental permission.
"We're beginning with grading work on approximately 350 acres in the southwest corner of the site," said Lena Kent, general director of public affairs for BNSF. "This part of the project will help expand our ability to move essential freight for residents and businesses across Arizona and continue to grow the state's economy."
A spokesperson from from Maricopa County issued a statement.
"Maricopa County is exploring the revised project with BNSF to determine if there are any County permitting requirements," said Jason Berry, the Maricopa County director of communications. "We don't have anything further to add at this time."
EDITOR'S NOTE: The story has been updated to correct the spelling of Wittmann.
