WINONA — A frac sand hauler is suing the city of Wabasha, claiming he should not be subject to city zoning rules.

In his federal lawsuit, Jim Roemer claims that because he has a contract to ship sand on railroad lines, his facility must follow only federal regulations, not local ones.

Roemer wants to increase his daily truck trips from 40 to about 150. His attorney said Roemer isn’t seeking damages, but wants to do business without limits of city regulations.

City Attorney Peter Ekstrand disagreed. He said Roemer’s expansion requires that he obtain a conditional-use permit.

Roemer’s company hauls frac sand and other materials. It’s located above the city’s water supply, and Ekstrand says the city is required to regulate all development in that area.