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Network Impacts: Research & Information Gathering > Changes to the Decision Making Process > Changes to Plans > Changes to Regulations > On the Ground Changes > Beyond Local Impacts

Changes to Regulations

Regulations represent the implementation of the vision set forth in plans, and lay out the rules by which new or expanded developments must abide. From road design to impervious surface limits to special overlay zones to parking requirements to stormwater management systems, these types of changes can have the most direct impact on how communities will grow and protect their natural resources. Some examples of changes to regulations in response to NEMO efforts are provided below.

Houston, Texas
TX NEMO worked with the City of Houston to correct landscaping ordinances that make it difficult to use native plants in commercial landscapes. A variance was obtained for a “watersmart” demonstration landscape on a high-profile city-county project. The fact that a variance was necessary drew attention to problems with the ordinance. TX NEMO is continuing to work with the city on the lengthy process to change the ordinance.
Mobile Bay, Alabama
Mobile Bay is the second fastest growing region of Alabama. AL NEMO has helped the City of Fairhope lead a regional initiative to protect the Bay as the region grows. Fairhope has developed a comprehensive erosion and sediment control ordinance that has also been adopted by two other cities along the Eastern shore of the bay.
Duluth Township, Minnesota
Northland NEMO worked with Duluth Township to establish a sensitive areas overlay ordinance. The ordinance includes greater setback restrictions, limits on impervious surfaces and runoff reduction requirements within particular sensitive areas. Northland NEMO is also helping both Wright and Winona Counties rewrite their stormwater and erosion and sediment control ordinances.
Hancock County, Mississippi
Working with the MS NEMO Program, which is coordinated by the state Department of Environmental Quality, Hancock County passed a stream buffer ordinance that prohibits any construction or clearing 25 feet from the top of the bank of any stream. Prior to the ordinance’s adoption, new developments cleared the land all the way to the stream.
New Jersey
The Association of New Jersey Environmental Commissions (ANJEC), has been providing education to the communities it works with based on the NEMO model. As a result of their efforts several towns, including Moorestown, West Hampton, Plumsted Township, Readington, West Amwell, Mt. Olive and Harrison, have passed stream corridor ordinances that use buffers and conservation easements of various widths along stream banks to protect water quality, habitat and the wildlife food chain.
Columbus, Ohio
The OH NEMO Program is closely involved with the efforts to protect the Big Darby Creek watershed, a state and national scenic river. Based in part on input from Ohio State University and the OH NEMO Program, the City of Columbus adopted special zoning overlay ordinances for lands along a major tributary of the Big Darby Creek, the Hellbranch. The ordinances create buffer zones, reduction in impervious surface and increased infiltration requirements. Much of the information from the Darby overlay has been used in the development of a draft citywide ordinance, with further input from OH NEMO.
Kandiyohi County, Minnesota
Following several Northland NEMO workshops, the County adopted a stormwater and erosion and sediment control ordinance into their subdivision ordinances. They previously had no provisions for stormwater and erosion and sediment control. The County also made significant revisions to their shoreland ordinance, establishing resource management districts in tiers around recreational lakes and within 1000 feet of natural environment lakes. Two cities in the county are following suit, looking to make changes to zoning ordinances in shoreland areas.
Porter County, Indiana
The Indiana NEMO effort, Planning with POWER, has helped Porter and Lake Counties, which lie outside of Chicago along Lake Michigan, launch a joint Smart Growth initiative. The initiative was spurred by the region’s tremendous growth, rapid loss of farmland and POWER’s participation in the Open Space Planning Boot Camp (page 30). As part of this effort, Porter County recently adopted conservation design subdivision regulations requiring 10% open space minimum on all subdivision development, and up to 40% open space requirement on subdivisions in designated sensitive areas.
Trussville, Alabama
The AL NEMO Program has been working with the City of Trussville to protect the picturesque Cahaba River, the last remaining free-running river contained within Alabama. As a result, the city has passed a Cahaba River Overlay District, which creates a 125 foot buffer along the river. The district is divided into three sections, with land use restrictions progressively increasing with proximity to the river.
East Haddam, Connecticut
East Haddam worked with CT NEMO to address a comprehensive overhaul of its subdivision and zoning regulations. The Planning and Zoning Commission adopted new subdivision regulations using the “net buildable area” concept that relates the intensity of allowed development to the capacity of the land to sustain it. The commission also revised road ordinances to reduce width requirements for local roads from 32 to 18 feet, and discourage the use of curb and gutter for stormwater drainage.
California
One of the partners in the CA NEMO Partnership is the State Water Resources Control Board. The Board, which is responsible for the regulation of both water allocation and water quality protection, has begun recommending in regulatory guidance and consultations with applicants for new developments that communities use NEMO and low impact design (LID) principles to reduce the impacts of the new development on water quality.

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