Wellhead Protection Tools

Wellhead Protection Tools

	Applicability to Wellhead Protection	Land Use Practice	Legal Considerations	Administrative Considerations
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Regulatory: Zoning
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Overlay GW Protection Districts RGI MANDATED, TO BE ACCOMPLISHED WITH RGI MAPS AND DATABASE	Use to map WHPA's. Provides for identification of sensitive areas for protection. Used in conjunction with other tolls that follow.	Community identifies with WHPA's on practical base/zoning map.	Well accepted method of identifying sensitive areas. May face legal challenges if WHPA boundaries are based solely on arbitrary delineation.	Requires staff to develop overlay map. Inherent nature of zoning provides "grandfather" protection to pre-existing uses and structures.
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Large-Lot Zoning SIMILAR REGs IN PLACE? Modify to incorporate WHPAs	Used to reduce impacts of residential development by limiting numbers of units within WHPA's.	Community "down zones" to increase minimum acreage needed for residential development.	Well recognized prerogative of local government. Requires rational connection between minimum lot size selected and resource protection goals. Arbitrary large lot zones have been struck down without logical connection to Master Plan or WHPA program.	Requires amendment to zoning ordinance.
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Performance Standards EQUIVALENT APPROACH TO SENSITIVE RESOURCE RECATEGORIZATION APPROACH	Used to regulate development within WHPA's by enforcing predetermined standards for water quality. Allows for aggressive protection of WHPA's by limiting development within WHPA's to an accepted level.	Community identifies WHPA's and established "thresholds" for water quality.	Adoption of specific WHPA performance standards requires sound technical support. Performance standards must be enforced on a case-by-case basis.	Complex administrative requirements to evaluate impacts of land development within WHPA's.
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Legislative:
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Regional WHPA Districts IDENTICAL TO SENSITIVE RESOURCE RECATEGORIZATION OBJECTIVES	Used to protect regional aquifer systems by establishing new legislative districts that often transcend existing corporate boundaries	Requires state legislative action to create a new legislative authority.	Well accepted method of protecting regional groundwater resources.	Administrative requirements will vary depending on the goal of the regional district. Mapping of the regional WHPA's requires moderate administrative support while creating land use controls within the WHPA will require significant administrative personnel and support.
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Regulatory: Health Regulations
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Privately-Owned Wastewater Treatment Plants (Small Sewage Treatment Plants) RECOMMENDED, BUT WITH "REGULATED" SUBSTITUTED FOR "PROHIBITED"	Used to prohibit Small Sewage Treatment Plants (SSTP) within WHPA's. CLARIFY DEFINITION OF "SMALL" PLANTS	Community adopts health/zoning ordinance prohibiting SSTPs within WHPA's. Community adopts special permit or performance standards for use of SSTPs within WHPA's.	Well accepted regulatory option for local government.	Prohibition of SSTP's requires little administrative support. Regulating SSTP's requires moderate administrative support for inspection follow-up and enforcement.
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Septic System Upgrades IMPRACTICAL ALTERNATIVE: RECOMMEND ADOPTION OF COST-EFFECTIVE EXTENDED TREATMENT OPTIONS	Used to require periodic inspection and upgrading of septic systems.	Community adopts health/zoning ordinance requiring inspection and, if necessary, upgrading of septic systems on a time basis (i.e. every 2 years) or upon title/property transfer.	Well accepted purview of government to ensure protection of groundwater.	Significant administrative resources required for this option to be successful.
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Toxic and Hazardous Materials Handling Regulations RECOMMENDED: GOES BEYOND HOUSEHOLD HAZARDOUS WASTE COLLECTION	Used to ensure proper handling and disposal of toxic materials/waste.	Community adopts health/zoning ordinance requiring registration and inspection of all businesses within WHPA using toxic/hazardous materials above certain quantities.	Well accepted purview of government to ensure protection of groundwater.	Requires administrative support and on-site inspections.

DO NON-RESIDENTIAL SEWAGE REGs EXIST?

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Non-Regulatory: Land Transfer and Voluntary Restrictions
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Limited Development RECOMMENDED (CHECK IF IN PLACE)	As the title implies, this technique limits development to portions of a land parcel outside of WHPA's.	Land developers work with community as part of a cluster/PUD to develop limited portions of a site and restrict other portions, particularly those within WHPA's.	Similar to those noted in cluster/PUD under zoning.	Similar to those noted in cluster/PUD under zoning.
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Monitoring RECOMMENDED (CHUBBUCK AND POCATELLO ALREADY HAVE SOME MON. WELLS)	Used to monitor ground water quality within WHPA's.	Communities establish groundwater monitoring program within WHPA. Communities require developers within WHPA's to monitor groundwater quality downgradient from their development.	Accepted method of ensuring groundwater quality.	Requires moderate administrative staffing to ensure routine sampling and response if sampling indicates contamination.

OTHER POSSIBLE RECOMMENDED ORDINANCE TYPES (PENDING FURTHER INVESTIGATION):

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Regulatory: Subdivision Control
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Drainage Requirements POCATELLO POLICY, NOT YET ORDINANCE (SOON TO BE) RESIDENTIAL = NO OR LIMITED DRY WELLS; COMMERCIAL = RUNOFF HAS TO BE TREATED	Used to ensure that subdivision road drainage is directed outside of WHPA's. Used to employ advanced engineering designs of subdivision roads within WHPA's. POCATELLO POLICY DOES NOT ADDRESS ROAD DRAINAGE SPECIFICALLY, BUT AS A PART OF REQUIRED DRAINAGE PLAN	Community adopts stringent subdivision rules and regulations to regulate road drainage/runoff in subdivisions within WHPA's.	Well accepted purpose of subdivision control.	Requires moderate level of inspection and enforcement by administrative staff.

NOTE: CHUBBUCK UTILIZES DRY WELLS EXTENSIVELY; HOW ADDRESSED?

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Regulatory: Zoning
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Prohibition of Various Land Uses ALREADY IN PLACE? LOOK INTO LIST OF CURRENTLY RESTRICTED USES (Steve, Tom M.)	Used within mapped WHPA's to prohibit known groundwater contaminants and uses that generate contaminants.	Community adopts prohibited uses list within their zoning ordinance.	Well recognized function of zoning. Appropriate technique to protect natural resources from contamination.	Requires amendment to zoning ordinance. Requires enforcement by both visual inspection and on-site investigations.