2008 Network Impacts: Changes in Land Use Plans > Changes in Land Use Regulations > On the Ground Changes > Decision Making Process Changes > Informed Decisions > Beyond Local Impacts
Changes to Land Use Regulations
While plans set the vision, that vision is implemented through land use regulations and ordinances. Regulations define what is allowed and what is required of new or expanded developments. As our understanding of the impacts of land use on water quality has increased, so to has our knowledge of development practices that can minimize those impacts. NEMO programs are working to help communities ensure that their zoning and subdivision regulations reflect that knowledge.
| Arizona |
| Partially in response to NEMO’s education efforts in the Middle San Pedro Watershed, Cochise County developed an ordinance addressing development and water availability. The ordinance requires new subdivisions located outside a designated Active Management Area (AMA) have an adequate water supply in order for the subdivision to be approved. Cochise is the only county in the state to have adopted such a provision. |
Colorado |
| Respondents to a follow-up survey (one year after NEMO workshops) state that changes are being made, or will be made, in comprehensive plans and/or subdivision and zoning regulations to reduce polluted runoff from streets, road and parking lots. Some examples of changes being made/considered: amending land use regulations to better incorporate stormwater treatment, using stormwater filter and storage systems in parking lots, utilizing LID techniques in subdivision design, green alleys, reductions in impervious surfaces, limitations on post-construction stormwater quantities, more attention to water quality features in landscaping, tree preservation ordinances, requiring further setbacks of roads, parking lots and development in general from the Uncompahgre River. |
| Connecticut |
| The Town of North Stonington adopted a comprehensive stormwater management regulation that requires the use of innovative stormwater management techniques in any development that disturbs more than 1 acre of land. The City of Torrington regulations require the use of LID techniques for new development or redevelopment. |
Based on cooperative research between CT NEMO and the state Department of Environmental Protection, the first impervious cover-based Total Maximum Daily Load (TMDL) regulation in the nation was approved for Eagleville Brook in Mansfield, CT. CT NEMO is now working with multiple state and local partners to help the regulated communities create a water quality management plan to address the TMDL. |
| Delaware |
| In response to a DE NEMO presentation on riparian buffers, the town of Ocean View passed a town wide wetlands buffer regulation that prevents construction of any kind within 25-feet of any wetland. The buffer zone must also be maintained in natural vegetation. |
| Georgia |
| Rabun County is implementing a unified development code that limits impervious surfaces in residential development, requires landscaped islands in commercial parking and improves tree protection. Specifically the code limits impervious cover to 10% on lots with 40% or greater slope; reduces the number of parking spaces; limits number of trees that can be removed (particularly on steep slopes) and requires tree protection on construction sites with physical barriers on saved trees. In addition, commercial and industrial sites have 30 foot setbacks from street with landscaping. |
| Indiana |
| Porter County adopted an open space/conservation development requirement for all major development in the county through the help and efforts of Planning With POWER. Under the ordinance, all major developments (generally 150 lots and above) require a minimum of 15% open space -- 40% or more if the tract contains 40% environmentally sensitive areas such as forest land, wetlands, or wildlife habitat areas. |
| Porter County recently adopted a watershed overlay district that provides and implements three riparian buffer zones on all streams and rivers in the County through the help of Planning With POWER. The overlay district extends 500 ft on either side of the riverbank for major drainageways and bodies of water that are to be given the highest priority for protection. For major collectors, continually flowing drainways to major water bodies and small lakes, the district extends 300 ft on each side. For minor drainways and intermittent streams, the district extends 100 ft. |
Planning With POWER conducted two Hillside Development workshops in Dearborn County featuring several planners and geotechnical engineers from the City of Cincinnati with expertise in developing hillside protection ordinances. As a result, Dearborn County adopted a hillside development ordinance that requires additional geotechnical inspection and mitigation when building on steep slopes greater than 20% and under certain soil and geologic conditions. Additional retaining wall structures are now in place on recent developments along the Ohio River flood plain and other sensitive areas. The City of Aurora has also adopted a hillside development ordinance. |
| Kansas |
| Kansas NEMO presentations to City of Lawrence staff and City Commissioners about the impacts of impervious surfaces eventually resulted in the redrawing of floodplain boundaries along streams and new floodplain development restrictions. |
| Maine |
| After a NEMO presentation on open space subdivisions, the Town Council in Scarborough adopted conservation subdivision design regulations for subdivisions that contain wetlands. This ordinance allows cluster subdivisions within town, and requires any subdivision with 1+ acres of wetland on site, or impacting 4300 square feet of wetland, to be designed with clustered housing and a minimum of 50% of the area preserved in open space. |
Following a NEMO presentation on low impact development (LID), the Town of York passed an LID ordinance referendum by a huge majority (2047 to 244). The ordinance states "Initially LID standards should be integrated into the Town's land use codes. As local experience is gained with LID practices, policies should be expanded to encourage or require LID design where appropriate." The ballot referenced a Maine NEMO publication. |
| Nevada |
| NV NEMO’s efforts are leading communities to encourage and allow low impact development practices in land use plans and regulations. Following a NEMO presentation in Douglas County, the County developed draft design standards and conducted a review of their codes, ordinances, and standards to ensure compatibility with low impact development approaches. Washoe County is conducting a review of their codes, ordinances, and design standards. Washoe County planning staff have required infiltration BMPs, incorporated workshop information into the design of parking lots, and made suggestions to developers. Reno has done the same. |
| New Hampshire |
| The picturesque rural community of Deerfield made several changes to its land use regulations to protect water quality and community character. It increased stream setbacks or buffers to 100ft along surface waters and wetlands, and required open space set-asides for new subdivisions. |
| New York |
| Based on NY NEMO recommendations, communities have made changes to their erosion and sediment control and post-construction design specifications, as well as site plan review procedures and inspections. The changes have included an ordinance for retention of rainwater from new driveways in Great Neck, erosion and sediment controls for construction projects smaller than an acre in Sea Cliff, tree protection requirements during construction activities in Roslyn Harbor, and erosion and sediment controls in Manorhaven. |
Nassau County strengthened its drainage requirements for development, re-development, and the subdivision of land. Developers are responsible for providing storage for eight (8) inches of runoff from the subdivision’s tributary area, whether contributed from onsite or offsite sources. The County also encourages low-impact development techniques in its subdivision requirements. |
| Rhode Island |
| With educational and technical assistance from RI NEMO, the Town of Tiverton, RI adopted a local wastewater management ordinance that requires regular inspection of onsite wastewater treatment systems by trained inspectors, with system maintenance and repairs as needed. Implementation of this town-wide ordinance is phased, beginning in the town's drinking water supply watersheds. Adoption of this ordinance enables the town to effectively enforce the town's watershed protection overlay district, which requires removal of cesspools within the water supply watershed. |
| After town staff and planning board members attended NEMO workshops on groundwater protection, the Town of Coventry, RI adopted a private well protection ordinance that ensures new wells are properly constructed and provide safe yield before a building permit is issued. |
| The Town of Cumberland developed a water resources overlay district to protect drinking water supply watersheds, wellhead protection areas, and groundwater aquifers. In addition to restricting use of hazardous materials and underground storage tanks in source areas, the proposed ordinance establishes buffers to wetlands and surface waters, limits impervious cover, and requires use of low-impact stormwater management controls for new construction and redevelopment. |
RI NEMO documented the need for enhanced wetland buffer protection in South Kingstown based on current research findings and watershed assessments that NEMO conducted for the coastal ponds. As a result, the Town strengthened its wetland buffer ordinance with additional standards for approval of special use permits where buffer alteration is unavoidable, including use of advanced wastewater treatment systems and control of stormwater runoff volume. |
| Tennessee |
| Growth Readiness (TN NEMO) has helped over 200 Tennessee communities evaluate their land use codes and ordinances for their capacity to protect water quality. Approximately 45% of these communities have either made or are in the process of making changes to their codes and ordinances as a result. For example, Columbia adopted a zoning ordinance that has provisions for buffers, tree preservation, enhanced visual quality, open space requirements and smart growth techniques. In addition, a tree preservation plan is required which includes: (1) inventory of existing vegetation, (2) footprints of buildings, roads, and retaining walls, (3) location of existing and proposed utility services, (4) boundaries of all required buffer planting areas, and (5) a detailed drawing of tree protection zones. Preference is given for the preservation of stands of trees (over five trees) and trees of significant size (over 10 inch caliper trunk). They also have provisions for clustering and open space requirements, and limits for impervious cover for planned unit developments. |
Marshall County passed a change in their zoning requirements to include decentralized sewer systems. The County Board of Utilities will receive the deed to the system from the developer. In return the developer will be allowed reduced lot sizes of 15,000 square feet, with the condition that 10% of the total land area must be retained in green space. Meanwhile, the planning commission approved a preliminary plat for a subdivision of 335 acres, 99 of which will be retained in green space. In addition, “smart growth” principles are being considered in the reopened Growth Plan for the county. |
| Texas |
| TX NEMO has worked intensively with the coastal community of Rockport and Aransas County. After several training sessions on natural area preservation and compact growth, and an extensive community survey conducted at 2 county fairs, local decision makers have made compact growth a major agenda item in the county. One of the more popular items produced for this project was a “chips” game where residents could use clear acetate chips representing varying population densities to develop alternative development patterns for the projected growth on Live Oak Peninsula, and see what was lost in terms of habitat and other features with the different scenarios. An overlay district was formed as a result of this project for the older, "heritage" section of town that enables much denser development than previously allowable. |
| Vermont |
| After VT NEMO conducted a buildout assessment on their proposed zoning plan and its effects on a town brook, the Town of Colchester added language within their parking regulations encouraging infiltration of stormwater in landscaped areas within parking areas. |
| Virginia |
| Tazewell County, VA is working on revising its land use practices and ordinances using recommendations from the Tennessee Community Growth Readiness (TN NEMO) program. The Town received a $200,000 grant for the installation of six rain gardens and a series of gabion structures to control the quantity and quality of storm water runoff along the Clinch River and its tributaries. The Town also made several changes to its zoning ordinance, including reducing parking space requirements. TN NEMO’s recommendations were incorporated into a Total Maximum Daily Load Implementation Plan for sediment being developed by the Virginia Department of Environmental Quality in conjunction with local citizens and agency partners. This plan represents a significant step forward in the implementation of changes to local codes and ordinances. |