EPA-600/5-75-005
March 1975
Socioeconomic Environmental Studies Series
ance Controls for Sensitive
Lands: A Practical Guide for Local
Administrators
Office of Research and Development
U.S. Environmental Protection Agency
Washington, D.C. 20460
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RESEARCH REPORTING SERIES
Research reports of the Office of Research and Development, Environmental
Protection Agency, have been grouped into five series. These five broad
categories were established to facilitate *urther development and appli-
cation of environmental technology. Elimination of traditional grouping
was consciously planned to foster technology transfer and a maximum inter-
face in related fields. The five series are:
1. Environmental Health Effects Research
2. Environmental Protection Technology
3. Ecological Research
4. Environmental Monitoring
5. Socioeconomic Environmental Studies
This report has been assigned to the SOCIOECONOMIC ENVIRONMENTAL STUDIES
series. This series includes research on environmental management,
economic analysis, ecological impacts, comprehensive planning and fore-
casting and analysis methodologies. Included are tools for determining
varying impacts of alternative policies, analyses of environmental plan-
ning techniques at the regional, state and local levels, and approaches
to measuring environmental quality perceptions, as well as analysis of
ecological and economic impacts of environmental protection measures.
Such topics as urban form, industrial mix, growth policies, control and
organizational structure are discussed in terms of optimal environmental
performance. These interdisciplinary studies and systems analyses are
presented in forms varying from quantitative relational analyses to manage-
ment and policy-oriented reports.
EPA REVIEW NOTICE
This report has been reviewed by the Office of Research and Development,
EPA, and approved for publication. Approval does not signify that the
contents necessarily reflect the views and policies of the Environmental
Protection Agency, nor does mention of trade names or commercial products
constitute endorsement or recommendation for use.
Document is available to the public through the National Technical Infor-
mation Service, Springfield, Virginia 22151.
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EPA #600/5-75-00'
March 1975
PERFORMANCE CONTROLS FOR SENSITIVE LANDS:
A Practical Guide for Local Administrators
By
Charles Thurow
William Toner
Duncan Erley
Grant No. R802443
Program Element 1HA098
ROAP 21AKL Task 25
Project Officers
Martin Redding
Isabel Reiff
Washington Environmental Research Center
U.S. Environmental Protection Agency
Washington, B.C. 20460
Prepared for
Office of Research.and Development
U.S. Environmental Protection Agency
Washington, D.C. 20460
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FOREWORD
The planning and regulation of environmentally sensitive areas is a
topic of ever increasing interest as its relevance to the development of
national and state land use legislation and to the mandates of different
Federal agencies demonstrates. For example, implementation of Sections 208
and 304(e) of the Federal Water Pollution Control Act Amendments of 1972,
and the Safe Drinking Water Act of 1974 both require consideration and regu-
lation of activities undertaken on and adjacent to certain categories of
sensitive .lands.
Although environmentally sensitive lands are often of statewide or
regional concern and significance, a large and important role in their
regulation can be played by local governments. Many new approaches to
regulation have surfaced in recent years, some building upon traditional
police power regulation, and others making use of taxation and public in-
vestment policy, two other implementation mechanisms available to local
governments.
In order to provide technical research support to local governments,
as well as to improve the ability of the Agency to evaluate the planning
efforts of State, regional and local governments undertaken in response to
Agency requirements, the Office of Research and Development of the U.S.
Environmental Protection Agency, through its Regional Environmental Manage-
ment program, is now conducting research in the following general areas:
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1. Definition and quantification of the relationship between land
use activities and residuals (waste) generation/discharge, spe-
cifically what mixes, quantities, and rates of residuals gener-
ation and discharge are implied by alternative land use
combinations and patterns;
2. Definition and assessment of the effects of "control measures"
(i.e., specified management actions which result in a physical
change in the quantity, type, timing, or spatial location of
residuals discharged to the natural environment) on ambient
environmental quality;
3. Evaluation of the costs and effectiveness of alternative "imple-
mentation instruments" (i.e., policy mechanisms, such as local
zoning powers, tax policy, and capital improvements programs,
through which control measures are implemented) to achieve and
maintain over time specified levels of environmental quality;
4. Identification and evaluation of alternative institutional
arrangements (e.g., level of government, function of government,
public/private decision-making, etc.) to effectively manage
regional environmental quality; and
5. Development of techniques for the systematic evaluation of
alternative regional environmental quality management strategies
(i.e., various combinations of control measures, implementation
instruments, and institutional arrangements) required by Agency
regulatory programs.
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As part of this overall research effort, this publication analyzes
the use of the local police power for the regulation of streams and creeks,
aquifers, wetlands, woodlands, and hillsides. It provides guidance to
urban planners and environmental managers in understanding these areas
and presents ordinances and regulations which have already been implemented
in various local areas.
This study was conducted by Charles Thurow, William Toner, Duncan
Erley and their associates at the American Society of Planning Officials,
1313 East 60th Street, Chicago, Illinois 60637 under contract to the
Washington Environmental Research Center.
Charles N. Ehler
Program Manager
Regional Environmental Management Program
Washington Environmental Research Center
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ABSTRACT
This report is to be used as a handbook by local planning officials
in planning for and regulating the use of five distinct natural areas:
streams and creeks, wetlands, woodlands, hillsides, and groundwater and aqui-
fer recharge areas. Each section is devoted to the discussion of local regu-
lation of land use in areas identified as "sensitive"; and each area is dis-
cussed in terms of its ecology and value to the public, current regulatory
practices, and recommended programs for regulating the area. Also included
are appendices showing where and how to go about getting technical assist-
ance from existing governmental agencies and examples of local ordinances
for protecting the environmentally sensitive areas.
The final section is a monograph on environmental performance stan-
dards, the result of a preliminary study on the feasibility of extending the
performance standard concept used in industry to regulation of the environ-
ment. Its purpose is to explore this possibility and to suggest new areas
for research.
This report was submitted in fulfillment of Project Number 73-3, conse-
tract Number R802-443, by the American Society of Planning Officials, under
the sponsorship of the Environmental Protection Agency. Work was completed
as of October 1974.
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TABLE OF CONTENTS
Page
FOREWORD ii
ABSTRACT . . . v
LIST OF FIGURES xii
ACKNOWLEDGEMENTS xiii
I. CONCLUSIONS 1
II. RECOMMENDATIONS 5
III. INTRODUCTION 7
A. Environmentally Sensitive Areas and Land Use Controls . . 7
B. The Need for Local Regulatory Programs 9
C. The Nature and Character of Local Regulatory Programs . . 10
D. Improving Local Regulatory Programs 14
E. Local Regulation in the Context of State and Federal
Legislation 16
F. About This Manual 18
IV. STREAMS AND CREEKS 21
A. Introduction 21
B. Streams and Creeks and the Public Purpose 23
1. Effects Upon Water Quantity 24
2. Effects Upon Water Quality 29
3. Effects Upon General Natural Systems 36
C. Local Regulation of Streams and Creeks 37
1. Site Specific Regulation 38
a. Defining the Buffer Zone 39
b. Permitted Uses Within the Buffer Zone 44
c. Topographical Alterations Within the Buffer
Zone 45
d. Jurisdictional Considerations of Stream
Protection 47
e. State-Mandated Stream Protection 49
2. Non-Site Specific Regulation 55
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Page
a. Runoff Control Ordinances 56
b. Erosion and Sedimentation Control Ordinances . . 60
BIBLIOGRAPHY 66
DATA NEEDS AND TECHNICAL ASSISTANCE 69
A SELECTED LIST OF COMMUNITIES WITH STREAMS AND CREEKS
REGULATIONS 72
APPENDICES
IV-a - Ordinance - Napa County, California ^ . 75
IV-b - Ordinance - Oakland County, Michigan 81
IV-c - Ordinance - New Jersey State Soil Conservation
Committee 87
IV-d - Quotes from Snohomish County Shoreline Management Master
Program 97
V. AQUIFERS 107
A. Introduction 107
B. Groundwater Hydrology and the Public Purpose 110
1. Aquifers as Natural Groundwater Reservoirs 112
a. Regional Differences in Aquifer Yield 113
b. Productive Yield of Aquifers 116
c. Depleting Aquifers 119
d. Salt Water Intrusion 120
e- Effects of Impervious Surfaces 121
2. Aquifers as Natural Filters for Groundwater 122
a. Susceptibility to Pollution 123
b. Land Use and the Pollution of Groundwater
Reserves 124
3. Aquifers are Part of the Hydrologic Cycle 127
C. Current Practice in the Regulation of Aquifers 129
1. Water Quality Losses—at the Local Level 131
2. Regulating Biological and Chemical Pollution 141
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Page
D. Developing A Local Regulatory Program 146
BIBLIOGRAPHY 154
DATA NEEDS AND TECHNICAL ASSISTANCE 156
A SELECTED LIST OF COMMUNITIES WITH AQUIFER REGULATIONS 157
APPENDIX
V-a - Ordinance - Volusia County, Florida 159
VI. WETLANDS 167
A. Introduction 167
B. The Public Purpose and Wetland Ecology 171
1. Wetlands Protect Water Quality 175
2. Marshes and the Stability of Water Supply 181
3. Wetlands and General Environmental Health and
Diversity 184
4. Coastal Wetlands 188
C. An Evaluation of Local Wetland Regulation 190
1. Limitations of Acquisition's Programs 191
2. Wetland Conservancy Districts 193
3. Mapping Wetland Districts 195
4. Defining Use Lists for Wetlands 197
D. Developing and Strengthening Local Wetland Programs 201
1. Maintaining Use-List Flexibility 201
2. Buffers to Control Development Activity Adjacent to the
Wetlands District 206
3. Controlling the Attendant Watershed 209
BIBLIOGRAPHY 213
A SELECTED LIST OF COMMUNITIES WITH WETLANDS REGULATIONS 214
DATA NEEDS AND TECHNICAL ASSISTANCE 215
APPENDICES
VI-a - Ordinance - Orono, Minnesota 218
VI-b - Ordinance - New Castle, New York 224
VI-c - Ordinance - Dartmouth, Massachusetts 230
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Page
VII. WOODLANDS 237
A. Introduction 237
B. Forest Ecology and the Public Purpose in Maintaining Its
Health 240
1. Woodlands and Environmental Health and Diversity . . . 242
2. Woodlands Give Protection to Watersheds and Soils . . . 253
3. Woodlands Are Buffers to Pollution 256
4. Woodlands Are Moderators of Climate 258
C. The Local Regulation of Woodlands 260
1. Purpose and Policy 262
2. Tree Preservation Ordinances 264
3. Timber Harvesting Ordinances 274
4. Woodland Protection Ordinance 278
a. Strengthening the Model Ordinance 281
b. Supplementary Provisions: Grading, Erosion, and
Sedimentation Control 285
D. Developing a Local Program for Woodland Protection .... 285
BIBLIOGRAPHY 290
DATA NEEDS AND TECHNICAL ASSISTANCE 292
A SELECTED LIST OF COMMUNITIES WITH WOODLANDS REGULATIONS 294
APPENDICES
Vll-a - Ordinance - Leon County, Florida 295
Vll-b - Ordinance - Clearwater, Florida 300
VII-c - Ordinance - San Mateo County, California 303
Vll-d - Ordinance - Oakland County, Michigan 326
VIII. HILLSIDES 335
A. Introduction 335
B. Hillsides and the Public Purpose 339
1. Mass Movement and Erosion 340
2. Runoff and Drainage Patterns of Hillsides 347
3. Hillsides Are Aesthetic Resources 349
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Page
C. Current Practice in Hillside Regulation 350
1. The Intent of Regulation 350
2. Key Features of the Regulatory Approach 353
a. Slope-Density Provisions 354
b. Soil Overlays 363
c. The Guiding Principles Approach 368
3. Grading Control: A Supplement to Hillside Development
Regulations 375
4. Maintenance of Cover and Erosion Control 387
D. Developing Hillside Protection Programs 388
1. Slope-Density Requirements 388
2. Soil Overlays 391
3. Guiding Principles 392
4. Other Requirements 393
BIBLIOGRAPHY 398
DATA NEEDS AND TECHNICAL ASSISTANCE 400
A SELECTED LIST OF COMMUNITIES WITH HILLSIDE REGULATIONS 401
APPENDICES
Vlll-a - Slope-Density Ordinance: Pacifica, California 404
VHI-b - Soils Overlay Ordinance: Mine Hill, New Jersey .... 417
VIII-c - Guiding Principles Ordinance: Boise, Idaho 420
GLOSSARY 432
APPENDICES A - ENVIRONMENTAL PERFORMANCE STANDARDS 440
A. The Nature and Character of Environmental Performance
Standards 440
B. Developing Direct Environmental Performance Standard
Regulation ' 450
1. Controlling Runoff 451
a. The Measurable Features of Runoff 452
b. Translating Runoff Estimates into Regulations .... 455
c. Controlling Erosion 461
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Page
2. Controlling Erosion 461
a. The Measurable Features of Erosion 462
b. Developing Regulation for Erosion 468
c. Conclusions 471
BIBLIOGRAPHY 472
APPENDICES
A-l - Ordinance - Naperville, DuPage, Will Counties
Illinois 474
A-2 - Ordinance - DeKalb County, Georgia 481
A-3 - Ordinance - Marion County, Florida 490
A-4 - Ordinance - Leon County, Florida 494
A-5 - Ordinance - Tallahassee and Leon County, Florida .... 500
APPENDICES - TECHNICAL ASSISTANCE 504
B - Cooperative Extension 505
C - U.S. Fish and Wildlife Service 510
D - U.S. Forest Service 511
E - U.S. Soil Conservation Service State
Conservationists 512
F - U.S. Soil Conservation Service Field Biologists .... 515
G - U.S. Geological Survey Regional Public Inquiries
Offices 517
H - State Geologists and Geological Surveys 518
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LIST OF FIGURES
STREAMS AND CREEKS
IV-1 The Hydrologic Cycle 25
IV-2 The Effect of Urbanization on Floodina 28
IV-3 Stream Properties 30
IV-4 Volumes of Sediment Eroded from Land of Different
Uses 33
IV-5 Stream Buffers 40
AQUIFERS
V-l An Aquifer 108
V-2 Map: Narrow Aquifers Related to River Valleys .... 115
V-3 Map: Major Aquifers 117
V-4 Salt Water Intrusion 121
V-5 Groundwater Contamination from Waste Disposal and
Toxic Material Storage Sites 125
V-6 Groundwater Contamination by Polluted Surface Water . 128
WETLANDS
VI-1 Wetlands as Groundwater Discharge and Groundwater
Recharge Areas 182
VI-2 Urbanization and Wetland Water Level Fluctuation. . . 184
WOODLANDS
VTI-1 Map: The Vegetation of the United States . 244
VII-2 Succession: From Bare Field to Oak-Hickory Woodland . 245
VII-3 Foraging Niches of Some Birds In a Spruce-fir Forest. 250
VII-4 Trees as Nutrient Cyclers 256
VII-5 Noise and Exhaust Buffering by Trees 258
VII-6 The Microclimate Effect of Woodland 260
HILLSIDES
VIII-1 Erosion and Weathering • 341
VIII-2 Landslide ' 342
VIII-3 Cross Section of a Slope Undergoing Slump ........ 343
VIII-4 Destructive and Compatible Hillside Development . . . 350
VIII-5 Slope-Density Development 354
Vlll-fi Contour Map 389
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ACKNOWLEDGEMENTS
The authors wish to express their appreciation for the assistance
given by many agencies and individuals in writing this report. We would
particularly like to thank our members in the American Society of Planning
Officials who participated in this project. We received a great number of
reports, ordinances, and explanatory letters in response to our requests
for information. We appreciate the time it took to pull materials together
and write the letters; without this cooperation this type of manual would
be impossible to produce. Likewise, we are grateful to the planners whose
communities we visited in conjunction with this report. They gave us in-
valuable insights by explaining the regulatory approaches they have used
and candidly evaluating the success they have had.
We would also like to thank the individuals who helped us with
their technical expertise in these various environmentally sensitive areas.
In particular we would like to thank Barbara Putzer, Harriet Irwin, Virginia
Kline, Neil Jacquet of the University of Wisconsin, and Diane Korling of the
Illinois Institute of Technology. Also of great value to us for their know-
ledge of groundwater were William Walker of the Illinois State Water Survey
and David Miller of Geraghty and Miller, Inc. These individuals, along
with the many who responded to our telephone questions, gave us valuable
suggestions about how to approach these sensitive resources.
After the first draft of the report was completed, a group of 10
came to Chicago to review the draft. They spent two days with us, making
comments and criticism, and proposing revisions that effected a far better
report. The review session participants were: John Allday, Senior Planner,
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Orange County, California; Charlotte Bingham, Lecturer, Wheaton College,
Norton, Mass.; Jim Miller, Planning Administrator, Pacifica, Calif.;
Rodney Mack, Shoreland Management Program, Olympia, Washington; Charles
Brandes, Land-Use Analyst, Environmental Quality Council, Helena, Montana;
Dick Young, Director, Kane County Environmental Protection Department,
Geneva, Illinois; Jon Kusler, Attorney, Orange, Massachusetts; Barbara
Bedford, Wetland Specialist, University of Wisconsin; David Miller,
Geraghty and Miller, Inc., Port Washington, New York; David Lavine,
Director, Connecticut Inland Wetlands Project, Middletown, Connecticut.
During the writing of this report, ASPO staff members reviewed the
document several times. Frank Beal, Michael Meshenberg, Conrad Bagne,
and Frank Popper read the report more than once and managed to maintain a
valuable critical perspective. We would like to thank them as well as the
other staff members who helped. We would also like to acknowledge David
Bryant, who provided help on writing and editing, and David Doty Design
for the illustrations.
Finally, we wish to acknowledge the Environmental Protection Agency*
especially Martin Redding and Isabel Reiff, both of EPA's Washington Environ-
mental Research Center. They served as project officers for this report but
went beyond that status by giving us suggestions and the time to make the
report what we thought it should be.
While the material in this report was reviewed in draft by EPA offi-
cials prior to publication, the contents do not necessarily reflect the offi-
xiv
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cial views or policy of the U.S. Environmental Protection Agency. The
report was prepared under contract to EPA and reflects the views of the
contractor, the American Society of Planning Officials, which is solely
responsible for the facts and accuracy of the information provided herein.
This report was prepared by the staff of the American Society of
Planning Officials as part of its Sponsored Research Program. The ASPO
research program is an independent research activity supported by grants
and contracts and devoted to advancing public agency planning practice.
Individual research reports are not reviewed for approval by the Board of
Directors or by the membership of the Society. Israel Stollman, Executive
Director; Frank Beal, Deputy Director for Research.
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I. CONCLUSIONS
This manual promotes the protection of environmentally sensitive areas
by using the police powers invested in municipal and county governments.
The goal of any regulatory program is to protect important public interests
that would not be otherwise considered. Consequently, this manual identifies
the key natural processes of five environmentally sensitive areas which
provide important public benefits and suggests means by which these benefits
can be maintained by using the basic police powers and zoning powers of
local government. In preparing this manual, the authors have analyzed the
regulatory programs of some 60 communities, with site visits to 28 of
these communities, and held a workshop conference which included local
planners, state administrators, scientists, and lawyers. This summary and
the following recommendations comprise the findings from this work that
underlie many of the specific recommendations and suggestions in the text
of the manual.
1. Although the number of communities which have adopted ordinances
for environmentally sensitive areas is relatively small, these ordinances
are an important development in local land-use control:
— The ordinances give local government an involvement in develop-
ment decisions for environmentally sensitive areas which they
previously did not have. With this involvement, local govern-
ments can play a substantial role in resource protection by
controlling some of the externalities of development: reducing
public hazards, protecting adjoining property owners, main-
taining water quality, and reducing future governmental costs
from environmental degradation.
— The ordinances have refocused land use controls so that they
are designed to maintain the natural processes of these environ-
mentally sensitive areas rather than to designate the required
use of the land. By refocusing land controls in this way, this
work has made the performance orientation in land controls more
prominent than has been typical in the past.
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— The shift towards performance orientation in land controls has
meant a substantial refinement in a community's ability to
identify what aspects of development it needs to control. In-
stead of maintaining the predominantly negative function of
restricting use, a community can identify the positive features
of the land it needs to preserve and provide the landowner
greater flexibility in his use decisions within this framework.
— Individually or in combination, these ordinances provide a
mechanism by which local governments can make a significant
contribution to water quality. Most of the natural processes
of the environmentally sensitive areas studied are directly
connected to the quantity and quality of both surface and ground-
water; combining protection of these areas with controls over
erosion and runoff can reduce problems of water pollution from
nonpoint sources and water quality problems caused by erratic
flow.
2. The design and implementation of these ordinances is well within
the capabilities of municipal and county governments. They do not require
special state enabling legislation and they do not place a heavy financial
burden on the communities for special data systems or staff. The critical
factors in developing good ordinances are:
A. Analyzing the natural processes associated with the environmentally
sensitive area so that the regulatory mechanisms can be designed to
protect the specific functions that are important. The following are
a few of the general problems in this area of ordinance design:
— They sometimes overlook functions that are important to the public
objectives of the ordinance. For example, few tree preservation
ordinances directly consider the importance of these plant com-
munities to local hydrology.
— Although many of the ordinances recognize the importance of ground-
water, there is little in the ordinances which guarantee the con-
tinued supply of clean groundwater.
— All of the environmentally sensitive areas studied would be helped
by the implementation of runoff and erosion control ordinances.
The impact of these problems is substantially decreased by con-
trolling them as close to their origins as possible. Erosion and
runoff controls are not a substitute for the other ordinances, but
they provide an important control element that is often overlooked.
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— In terms of water quality, the present ordinances contribute
most to reducing erratic flow and handling problems of turbidity
and siltation. They have some effect on chemical pollutants
such as hydrocarbons and fertilizers, but these sections of
the regulations could be substantially strengthened.
B. Identifying and mapping the critical areas to be protected. Most
communities have relied on mapping done by other governmental agencies:
specifically, USGS and SCS maps. These maps have been generally
satisfactory, but most communities have found it necessary to provide
methods of adjusting them for specific site inaccuracies. The use
of these maps has also led to narrowly defined protected areas. In
the case of wetlands, streams and creeks, and aquifers, the protected
areas could be better regulated if a buffer zone were provided around
them. This zone would allow different types of development than
those in the resource area itself, but the buffer would still be a
critical part of their protection.
C. Developing the necessary legal language for writing the ordinance.
While there appear to be few legal barriers to these ordinances, there
is a general reluctance on the part of local governments to pass these
ordinances for fear of legal difficulties, specifically with the taking
issue. This concern manifests itself by a desire on the part of local
governments for workable ordinances from other communities that have
passed court tests on which they can model their own regulatory pro-
grams.
3. The ordinances described in this manual are relatively easy to
administer. Once the landowners understand how the ordinance works and why
it is passed, communities have found a general willingness to operate within
their framework. There are, however, two important points about their
administration:
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— The majority of ordinances for environmentally sensitive areas
depend upon individualized regulation. Each case is decided
on its own merits by seeing if it meets the criteria set up
in the ordinance. This style of regulation places a heavy
burden on the administrative process which can be costly and
time consuming for both developers and public officials. These
problems can be alleviated by defining the performance criteria
as precisely as possible, and identifying in the application
procedures the exact type of information that must be submitted
in order to effectively evaluate the application.
— The development of environmental performance standards—specific,
measurable levels at which the key functions of the sensitive
areas must operate—will substantially reduce the administrative
problems of these ordinances. The administration could then be
done by having a licensed engineer or hydrologist certify that
the development meets those standards. This regulatory approach
'can presently be done for both runoff control and erosion control,
and it has potential for groundwater recharge and aquifer protec-
tion.
4. Although none of the programs described in this manual need
special state enabling legislation, they offer substantial promise for im-
plementing state and federal programs for critical area protection and water
quality protection.
— Some states have already recognized the potential of these programs
by mandating local land use regulations for wetlands, coastal zone
areas, shorelands and aquifers. These regulatory techniques have
the potential for even greater use in critical area legislation.
— Inasmuch as they address the problems of nonpoint sources of
pollution, they are directly relevant to Section 208 of the Water
Pollution Control Act Amendments of 1972. They provide a format
by which the requirements of this section of the act could be im-
plemented. Likewise they offer valuable methods for protecting
underground water supplies from surface disruption as mandated in
the Safe Drinking Water Act.
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II. RECOMMENDATIONS
The regulatory programs analyzed in this manual complement EPA's
general mission and its work with Section 208 of the Federal Water Pollu-
tion Act Amendments of 1972 and the Safe Drinking Water Act of 1974 speci-
fically. Taken as a whole, these programs represent a major thrust by
local government to control nonpoint sources of water pollution and main-
tain areawide water quality. Although there is little knowledge among
local agencies about Section 208 or the new concern for protecting under-
ground water supplies, and none of these programs was designed with these
specific acts in mind, the programs could be easily adapted to meet guide-
lines for nonpoint sources of pollution or promote groundwater protection.
Consequently, it is within EPA's interest to foster the wider use of these
techniques and also to consider their potential when drawing up implementa-
tion procedures for Section 208.
The research suggests that the following would be useful:
1. The completion of a series of handbooks dealing with the
control of sensitive areas not covered in this report, but
which are related to EPA's mission;
2. The provision of technical assistance in the design and
development of local regulations.
This work should be concentrated on implementation through regulation by
suggesting criteria and standards that could be used in evaluating develop-
ment for particular sensitive areas; by continuing its development of en-
vironmental performance standards; by providing mapping procedures which may
make the regulatory districts more adequately fit resource needs; and by
providing aids to the legal questions raised by the ordinances. There is
a great deal of research and information presently available that is relevant
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to this type of regulation, but it is not in a form that can be used by
local governments in developing regulatory programs.
The Environmental Protection Agency should consider the potential
of these regulatory progams for implementing Section 208 by:
1. analyzing what possible changes in these ordinances would
make them more sensitive to the requirements of this act;—
particularly in terms of chemical pollutants.
2. developing a series of actual case studies of management
plans incorporating land use controls to meet the purposes
of the act.
Most areawide management plans will need some combination of these various
protective ordinances. At the present moment, most communities are working
in a single area and the development of methods of linking some of these
ordinances together may offer substantial gains.
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III. INTRODUCTION
A. Environmentally Sensitive Areas and Land Use Controls
Our attitudes toward land have been changing during the past decade.
Previously/ land was treated as a commodity—to be bought, bartered, or sold
through the real estate market. Land that was not flat and dry was in the
way. Where land was cheap, wetlands and hills were left alone; where land
was expensive, buildable land was made by flattening, draining, or filling.
Experience, however, has taught us that land is a complicated re-
source, and the real estate market cannot handle all allocation considera-
tions. The recently publicized troubles in the San Jacinto area outside
of Houston, Texas, illustrate the point- The huge concentration of chemical
industries along the Houston ship channel have been heavily pumping the sand
aquifer that lies under 300 feet of clay in southeastern coastal Texas.
As groundwater was extracted faster than it was replaced, the water table
dropped. As the water table dropped, segments of the aquifer compacted and
the clay layer subsided. In 1971 alone, the land sank six inches. Now
after 20 years some residential communities are below high tide levels.
To date, the damage to these coastal communities is estimated to be over
one billion dollars. The San Jacinto area was treated as real estate without
also being treated as land containing a loosely compacted aquifer. Unfortu-
nately, there is no getting out of this mistake. Geologists estimate that
even with an alternative source of industrial water the land will continue
to subside for another 10 years.
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Although gross ecological violations of sensitive land areas have
resulted in serious trouble, there are success stories. During the 1950s
and the early 1960s, Los Angeles was struck by a series of floods, mud
slides, and fire disasters on its graded and denuded hillsides. Lives were
lost and structural damage ran into the millions. In 1963, city officials
responded with far more exacting land-use regulations designed on the basis
of the hillsides' natural capabilities. In 1969, the regulations were
tested by severe rain storms. In spite of the fact that 13 per cent of all
hillside homes were constructed in the period 1963-1969 and that many of
the homes were built in steep slope areas, structural damage from the
2
storms amounted to only $5,000. The lesson is encouraging. If designed
with the function of the resource in mind, land-use controls can maintain
the quality of sensitive land areas while allowing for compatible development.
San Jacinto and Los Angeles are two dramatic examples of how our
environmental concerns are closely related to land-use decisions. Many
other communities have had similar experiences with development diminishing
their groundwater supplies, sending dirtier water into lakes and streams
and destroying important wetland resources. Like Los Angeles, some of
these communities have developed active programs for preserving the basic
functions of environmentally sensitive land, and like Los Angeles, they
have found that land-use controls can make the development process more
sensitive to critical land functions.
The U.S. Environmental Protection Agency is interested in these
programs because EPA has the potential of contributing significantly to
the preservation of our land and water resources. In a recent speech,
Russell Train, Administrator of EPA, pointed out that land use is not a
-------
new authority for EPA, but a new approach to the responsibilities the
agency already has. Consequently, EPA has funded this report, which
analyzes the best of these programs.
B. The Need for Local Regulatory Programs
The necessity for governmental involvement in environmentally sensi-
tive land comes from the essentially public character of these land resources.
When we talk about the destruction of environmentally sensitive areas we do
not mean just the possible loss of some "intrinsic" environmental values or
benefits, but also loss to the social and economic welfare of a community.
Environmentally sensitive areas are land areas whose destruction or dis-
turbance will immediately effect the life of a community by either (1)
creating hazards such as flooding and landslides, or (2) destroying important
public resources such as water supplies and the water quality of lakes and
rivers, or (3) wasting important productive lands and renewable resources.
Each of these threatens the general welfare of a community and results in
economic loss. The direct costs of not protecting these areas can be high.
In the private sector, costs may include the reduction of property value
or the actual destruction of property; in the public sector, they include
finding alternative sources of water or installing expensive storm sewers
and water purification systems.
The need for local regulation comes not only from the public character
of the resources, but also from the fact that the real estate market does
not adequately consider these costs and benefits. The functions of these
environmentally sensitive areas are what economist call public goods—if
they are provided for one person, they are provided for everyone. A wetland,
for example, filters sediment and traps nutrients from upland runoff, thus
-------
cleaning water before it enters adjacent water bodies. These are important
functions, but the landowner cannot sell this filtering capacity of his
land. If the land is providing a cleaner lake for one man, it is providing
it for all the people who use and enjoy the lake. Thus in terms of maxi-
mizing his own profits, he may be better off to drain and fill the wetland
so he will have more sellable land, but the community as a whole will have
to absorb the cost of lowered water quality.
Because these land areas involve important public costs and benefits
which are inadequately considered by the normal market mechanism, it is
logical that communities would turn to their police powers for protecting
the health, safety and welfare of the community. By developing ordinances
protecting the functions of these areas, the communities can balance the
public interests with the landowner's desires to use his property.
C. The Nature and Character of Local Regulatory Programs
This manual analyzes regulatory programs for five common "problem"
areas: small watersheds of streams and creeks, aquifers, wetlands, woodlands,
and hillsides. All five categories are environmentally sensitive areas as
defined above. They provide important public benefits because of their
physical and ecological functions, and their disturbance or destruction
results in loss to a community. While each land type has its own range of
functions and benefits, the common characteristics of all five areas is
their importance to water resources. The wise use of these areas will help
preserve the natural flow of clean water from uplands into adjacent surface
water and into groundwater reservoirs; the unwise use will result in more
10
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erratic flow of dirtier water into lakes and rivers, and in turn, diminish
and pollute groundwater resources.
The public objectives of the regulatory program for these land areas
are well within the mainstream of land-use controls. Their purpose state^
ments include many traditional public objectives: (1) the protection of
public safety by reducing the risk of landslides, flooding, and drought;
(2) the prevention of nuisance-like uses of land by controlling erosion,
runoff, and water pollution; and (3) the reduction of future governmental
costs by preserving public water supplies. All of these are long-term,
consistent public objectives which provide sufficient grounds for justifying
4
increased governmental involvement in land-use decisions.
The regulatory procedures used in these programs are also common.
Most are zoning ordinances which define a special district or an overlay
district. They establish a list of permitted uses, prohibited acts, and
special-use or conditional-use procedures. Where permits are required,
the ordinances employ review by the planning agency and other appropriate
agencies with the final authority resting in the legislative body.
What is new in these regulatory programs is the shift of land-use
controls from a primary focus on what is on the land to one of how the land
functions. The goals of these ordinances are not to specify a particular
use of the land or to segregate uses; that is generally left to traditional
residential, commercial, and industrial zoning. Instead, they guarantee
that important land functions continue to operate while the land is used,
no matter what the use.
Because of this refocusing, these ordinances have made some marked
changes in the operation of land-use controls. Generally, this change can
11
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be characterized by a movement away from detailed specifications concerning
construction techniques or site requirements and a movement toward performance
criteria for land use.
Detailed specifications generally are inadequate for this land area,
and are also in basic conflict with the philosophy of the ordinances. They
are inadequate because the functions of these resources are higly localized.
Even within one category, the functions will vary from site to site due to
local conditions: how the resource interacts with surrounding ecological
and physical systems, what forces have had an impact on the resource, and
whether it is relatively pristine or is in the process of adjusting to dis-
turbances . Consequently, there is no one optimal method for treating all
wetlands or all hillsides or all stream corridors. Likewise specifying
methods of development or site preparation goes against the grain of these
ordinances. As much as they are designed to encourage compatible develop-
ment, it is in the public interest to encourage technological innovation
and experimentation which will make development more compatible. By
stipulating specific construction techniques or site design methods, a
community closes off the possibility of the developer finding better tech-
niques .
Because of shortcomings of specification the regulatory programs have
moved towards more performance orientation. The community establishes the
way it wants the land to perform, and then it allows the developer to select
a method to meet these performance criteria. The most common way of
establishing this performance orientation is set out in a series of policy
statements that define how the community expects the land to function, and
12
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then the regulation itself is individualized—each case is judged on
its own merits of whether or not it meets the policies outlined in the
ordinance. The alternative to this method is environmental performance
standards. In this case, the community sets a specific, measurable level
at which the key functions of the sensitive area must operate, and then
the developer is required to show that the development will meet these
standards.
The strength of the policy approach is that it guarantees governmental
involvement in any substantial alteration of these sensitive areas. In this
style of ordinance, the permitted-use list together with the statement of
prohibited acts simply state that there can be no substantial land conversion
without permission from the regulatory body. The permitted-use list includes
only those activities which do not require any alteration of topography
and entail only minimal construction—recreation, farming, conservation.
The guts of the ordinance is its special-use or conditional-use provisions.
Here the community outlines the criteria or basic public objectives that
must be met in order for the land to be developed. Wetland districts, for
example, typically require that development will not substantially reduce
the natural retention and storage capacity of any watercourse, and that
drainage be designed to prevent erosion and deleterious surface runoff.
These policies provide guidelines by which each development is judged.
The weakness of this style of regulation is that it places heavy
emphasis on the ordinance administration, which can be costly and time
consuming for both the public officials and developers. Generally, in order
to obtain a permit, a developer must go through review by a number of local
13
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agencies besides the planning department, and often the legislative body
is directly involved in the final decisions on each case. This review
process requires time and expertise on the part of the developer, the
planner, and the public officials.
In contrast, environmental performance standard regulation rationalizes
and simplifies the administrative process. In this style of regulation,
lists of permitted and prohibited acts are irrelevant. Any use of the land
must meet the specific standards established by the ordinances. In order
to develop land, the landowner must simply have his development certified
by a licensed engineer or hydrologist as meeting the public standards. If,
after development, it does not meet the standards, then there is a set of
penalties and corrective measures to which the developer is subject.
Although environmental performance standards offer many benefits to
regulating sensitive environmental areas, they are still in the early stages
of development. In many cases, the difficulty of establishing precise
measures for land functions has hampered the development. The areas in which
the technique has the most immediate applicability is the control of runoff.
The rate of runoff from various levels of development can be readily established,
and several communities have designed ordinances which require development to
maintain the same runoff coefficient as the land would have if it were not
developed. Other areas which have potential for performance standard ;regula-
tion are erosion control and aquifer recharge. (For a detailed discussion
of environmental performance standards, see Appendix A, page 440.)
D. Improving Local Regulatory Programs
Any evaluation of these ordinances must remember the larger context
14
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of local land-use regulation. Communities which have developed regulatory
programs for environmentally sensitive areas are few and the programs are
recent. Some, such as hillside regulations, have had the advantage of a
decade of development, but most have been passed only in the last two or
three years. In some rural counties, these ordinances are the first land
controls to be used. Although new, these ordinances have a vitality and
quality that needs to be praised. All the programs studied provide clear
public policy guidelines and establish viable procedures which give local•
government sound involvement in development decisions.
Although good, there is still room for improvement. This manual
analyzes the ordinances by defining the key functions of the areas they are
protecting and then seeing how they could be refined to protect these func-
tions more closely. In this analysis there are some general patterns that
can be noted here:
1. There is a general need to define the functions of these environ-
mentally sensitive lands more precisely. By defining why the areas are
important, the regulatory methods can be refined. A prime example is tree
preservation ordinances. Usually these are designed to keep a general
distribution of trees throughout the community by protecting trees above
a certain trunk diameter or requiring a set number of trees per acre. This
general distribution will help maintain the microclimate effects of trees
(their ability to moderate temperature and reduce the force of winds), but
art may not preserve their importance to soil stability and water quality.
In this case, the ordinances need to be refined to include considerations
of topography and the effect tree removal may have on erosion
15
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creased flow of surface waters. The most important trees may not be the
largest, but those located along the drainage patterns and on steep slopes.
2. In setting the boundaries necessary to establish regulatory
programs, communities have a tendency to be too limited in their defini-
tions of the resources. These boundary considerations are particularly
crucial to wetlands and streams and creeks. These resources are dramatically
influenced by the uplands that immediately surround them, and their protec-
tion can be strengthened by establishing a buffer zone around them. The
land use requirements in the buffer area do not need to be the same for
the wetland or streambed, but are equally vital.
3. There needs to be more recognition of the importance of runoff
to all of these environmentally sensitive areas. The rate of runoff along with
the amount of sediment and chemical pollutants it carries is crucial to the
health of all these areas. Controlling these processes through erosion
and runoff ordinances will significantly lessen the problems a community
has maintaining groundwater recharge, wetlands, and streams and creeks.
These ordinances are not a substitute for protecting the areas themselves;
instead they provide an important link to sensitive area protection that is
often overlooked.
E. Local Regulation^ in the Context of State and Federal Legislation
All of the programs analyzed in this manual have been developed using
basic zoning enabling legislation and the general police powers of local
government; none of them needs special state enabling legislation. Some have
been developed in response to state activities to protect sensitive areas,
but just as often they represent simultaneous and independent action on the
part of local government.
16
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The crucial fact, however, is that these programs offer important
implementation techniques for both state and federal concerns for environ-
mentally sensitve lands and water quality. These ordinances, individually
or in combination, could help preserve the integrity of watersheds, reduce
the erratic flows of water in rivers and lakes, alleviate problems of heavy
sediment loads in water courses, and preserve groundwater recharge. Like-
wise, the general adoption of these ordinances would go a long way in pre-
serving the productivity of such resources as wetlands and reduce the prob-
lems of hillside development and coastal zone development.
These programs are particularly significant because they offer a means
of controlling problems that arise from general development. Section 208
of the Federal Water Pollution Control Amendments of 1972 requires management
planning in areas experiencing water quality problems. In the draft guidelines
to the management plans, the U.S. Environmental Protection Agency places
heavy emphasis on controlling nonpoint sources of pollution, such as runoff and
erosion. The ordinances also have potential for protecting water supplies from
contamination through uses in the recharge areas as required in the Safe Drinking
Water Act. The programs described here could be adapted to meet the requirements
of these acts.
The same is true for sensitive area legislation at both the federal
and state level. Concern to protect the coastal zone or important wetlands
or shorelands can all benefit from encouraging these regulatory programs at
the local level. Some states are already moving in this direction. Massa-
chusetts, Connecticut, and Virginia all have state wetland acts which man-
date the development of local programs; Washington has passed a shore-
land act which requires each county to develop regulatory programs for
17
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protecting all the shorelines of the state; and North Carolina passed a'
coastal zone act this past year which requires its 20 coastal counties to
adopt zoning plans. These are just a few examples of the wide variety
of state programs that can benefit from these regulations which are being
developed at the local level.
F. About This Manual
This manual promotes the protection of environmentally sensitive
areas by using the police powers invested in municipal and county governments.
This is only one of many techniques available for dealing with such natural
resources as wetlands, hillsides, and wooded areas. The public acquisition
of land, providing or withholding public capital investments, manipulating
tax policies, or establishing total community growth strategies, all could
be used for protecting sensitive areas. Any single community is likely to
use a combination of techniques, depending upon its particular needs. The
focus of this report is on police power techniques because they do not require
changes in state enabling legislation, they do not demand heavy expenditures,
and they have proved to be effective for resource protection in the communi-
ties implementing these programs.
It is not a comprehensive analysis of all environmentally sensitive
areas. For some areas, such as floodplain controls, there is already a sub-
5
stantial body for high-quality material available. In other cases, such as
major river basins and large lakes, the size and characteristics of the re-
source require work on a regional scale. Each chapter addresses one of five
sensitive areas where local governments make an immediate, recognizable
impact, but where their work is hampered by the lack of helpful material.
18
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Thus, even though the report is not comprehensive, it provides local
government the assurance that implementation of the ideas it presents
will lead to substantial improvement in local environmental quality.
The goal of the report is to encourage more local governments to
institute active, effective programs like those analyzed. It is not an
ecology textbook or a book which tells planners how to do environmental
analysis; instead, it is a book on how to develop regulations. It presents
a process by which one can move from basic ecological principles to public
policy decisions and finally to implementation of those decisions by de-
signating regulatory mechanisms. Therefore, it is addressed to local units
of government, and specifically to planners, public officials and citizens
interested in or actually developing ordinances.
Each chapter, then, is organized in the following manner:
1. First there is a basic overview of the environmentally sensitive
area.
2. The second section outlines some of the basic principles about
the functions of these areas which make them important public resources.
In presenting these principles, the concern is primarily with identifying
their relationship to public policy objectives.
3. The third section of each chapter evaluates the best current
local regulations on the basis of how well they are designed to protect the
specific functions of the area and how easy they are to administer.
4. Finally, each chapter concludes with a section recommending methods
for developing local programs for that particular sensitive area, examples
of ordinances, and sources of information.
19
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NOTES
1. New York Times, June 27, 1974, p. 59.
2. Charles A. Yelverton, "The Role of Local Governments in Urban Geology,"
Environmental Planning and Geology in the Urban Environment, ed. by
Donald R. Nichols and Catherine C. Campbell (Washington, D.C. : U.S.
Government Printing Office, 1971), pp. 80-81.
3. New York Times, July 9, 1974, p. 10.
4. For good discussions of the legal issues involved in these ordinances
see: Jon A. Kusler, "Open Space Zoning: Valid Regulation or Invalid
Taking," Minnesota Law Review, 57:1 (November, 1972), pp. 1-81; Ira
Michael Heyman, "Innovative Land Regulation and Comprehensive Planning,"
Santa Clara Lawyer 13 (1972), pp. 183-235; and Fred Bosselman, David
Callies and John Banta, The Taking Issue (Washington, D.C. : Government
Printing Office, 1973).
5. See Regulation of Flood Hazard Areas to Reduce Flood Losses, United
States Water Resources Council, 1972.
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SECTION IV
STREAMS AND CREEKS
A. Introduction
The experience of a hypothetical community's problems with its
water resources makes the importance of land-use control in the management
of streams and creeks clear. Watertown, like most growing areas, has allowed
extensive development of its surrounding hillsides, woodlands, and wetlands.
Poorly regulated development in these areas of the watershed—that area of
land drained by Watertown Creek—has removed much of the hillside vegetation,
graded and leveled hills, and used the removed soil to fill in adjacent
marshes and bogs. As a result, Watertown Creek has become choked with the
erosion from the hillsides, as have the remaining marshes. Lack of protec-
tive vegative cover, and the many impervious surfaces of buildings,
roads, and parking lots have increased runoff and flooding of Watertown
Creek, already above its natural level because of the increased sedi-
ment in its bed. Moreover, with the natural filtering system of the marshes
destroyed by fill and sedimentation and the increased pollution from land
fill sites, lawn fertilizers, and faulty sewage systems, Watertown Creek has
become a health hazard. The choking of the creek with polluted, sediment-
laden runoff has decreased and degraded the amount of water which the creek
adds to groundwater supplies, thus causing several city wells to run dry
and others to be threatened with pollution.
Watertown is of course in an unusually bad state with a flood-prone
creek and a polluted and diminishing water supply. Few communities experi-
21
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ence such simultaneous disasters, but many have similar problems. Water-
town must now underwrite a bond issue and appeal for federal and state
assistance in order to protect itself from floods and replenish and clean
up its water supply. The necessary dams and levees, treatment plants, and,
perhaps, an aquaduct from Pleasant Valley Creek over the hill, will be ex-
pensive and will not prevent future problems. However, careful regulation
of land use in the watershed of Watertown Creek in the first place could
have made such remedial measures unnecessary and saved the community much
economic and environmental damage. Thus, along with its remedial cleanup
and protective programs, Watertown also plans a land-use control ordinance
to regulate development in the Watertown Creek watershed so that its already
serious problems do not grow.
Decisions to allow the development of a steep hillside or to drain a
marshland and cover it with parking lots and buildings can be major causes
of pollution or flooding. Instead of undertaking expensive treatment of
polluted water or equally expensive and perhaps environmentally unsound levee-
ing of a stream, land-use regulation in the watershed area can control those
developments which may increase pollution or flood hazards. Of course, many
communities already have such problems, and remedial action will still be
necessary to solve them. Remedial action, if accompanied by preventative
land-use control, cannot only clean up polluted streams and afford flood
protection, but also assure that such problems, as they are solved by reme-
•
dial efforts, will not be repeated.
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B. Streams and Creeks and the Public Purpose
Many communities learn about their surface water the hard way—after
it is polluted or depleted or poses threats from flooding. Then such
communities measure the value of their water resources by the amount of
money necessary to restore their health. But there are other ways of realiz-
ing how streams and creeks serve the public purpose. What are these posi-
tive contributions? Here are some:
1. Streams and creeks affect the quantity of a community's water
resources. Increased runoff and sedimentation from watershed development
can cause irregular flow and choke a stream's connection with groundwater
formations, thus creating low and irregular groundwater resources. Similar
effects can be seen in lakes and rivers.
2. Streams and creeks affect the quality of a community's water
resources. As a source for groundwater recharge, river flow, and reservoir
storage, clean water in streams and creeks is an important resource.
3. Streams and creeks contribute to overall environmental health.
Streams and creeks are major corridors for transporting nutrients and sedi-
ments, as well as pathways for many species of birds and animals. They bind
together diverse ecological communities such as hillsides, woodlands and
wetlands with the shared resource of water, and they are intricate parts of
the hydrological and nutrient cycles.
If local communities are to protect and conserve the resources of
streams and creeks they must (1) not only consider the watercourses them-
selves but look beyond the immediate stream bed, (2) consider the watershed,
23
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that area of land the stream drains and flows through and (3) the wetlands,
lakes, reservoirs, groundwater resources and other streams and rivers it
feeds. Because of the intricate relationship of streams and creeks to so
many environmental communities and processes, healthy watercourses serve
as an index to the health of the entire watershed. Thus this section on
streams and creeks is an introduction to the possible effects of development
upon the many positive values provided by various critical environmental
areas.
1. Effects Upon Water Quantity
A stream is an important part of the hydrological cycle—the circular
path which water takes as it falls in the form of snow or rain, penetrates
into groundwater reserves, collects in lakes, streams, and oceans, and is
evaporated by the sun or transpired by plants back into the atmosphere. With-
in this cycle water follows three major paths. Precipitation may penetrate
through rocks and soils, where it is stored in groundwater reservoirs or
aquifers from which it later comes to the surface at springs or wells or
flows into wetlands and surface water bodies. Or, rain or snow (after it
melts) may run off the surface of a hill or plain, collecting in creeks,
streams, and rivers, where it flows into lakes, wetlands, and the ocean.
Finally, the water returns to the atmosphere by evapotranspiration—either
it is transpired by plants or evaporated from the surface by the sun. (See
Figure IV-1.)
Streams and creeks play two parts in this cycle. Most obviously they
are the major drainage systems of earth's surface, conducting runoff water
24
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Figure IV-1
The hydrologlc cycle
Precipitation
Movement of clouds
and water vapor
Evaporation from
surface water
and sediments from highlands to low-lying land or water bodies. Streams
get their water from two sources—rainfall and groundwater. Those that de-
pend mainly on rainfall occasionally may run dry during dry seasons and are
called intermittent streams. Those that are supplemented by groundwater
usually run in all seasons. Small streams and their drainage areas (or
watershed) of 100 acres or a few square miles combine into larger drainage
25
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systems of major rivers to then eventually outflow into major lakes—such
as the Great Lakes—or oceans.
The relationship with groundwater is the second major role played by
streams in the hydrologic cycle. Aquifers may discharge groundwater into
streams from springs or seepage during periods of low flow; and during the
wet season, the stream may contribute water to the aquifer. Thus streams
are important sources of groundwater recharge, and groundwater is an occa-
sional source of supplementary stream flow, especially in the Southwest.
Streams and aquifers form an interlocking system of surface and groundwater
resources, and the pollution or degradation of one will eventually affect
the other.
These two roles of streams in the hydrologic cycle make them an
integral part of our water resources. Many communities' water supplies de-
pend upon wells drilled into groundwater reservoirs, most of which are re-
plenished in part by infiltration from streams. Development of watershed
and land alongside streams can disturb this natural process. As we shall
see, increased runoff from developed land increases erosion and sedimenta-
tion. Heavy siltation of the streambed can clog the transmitting formation,
making the streambed less able to allow surface water to infiltrate into
groundwater reserves. Also, polluted runoff from upland development or
direct discharge into a stream can infiltrate the groundwater, thereby pollut-
ing underground water resources as well.
Development in the watershed can also alter the relationship between
streams and groundwater by affecting the peak and base flows of a stream,
26
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which mark the high and low volumes of flow according to precipitation or
melting patterns. An increase in impervious surfaces, such as roads and
roofs, accelerates runoff by releasing precipitation which would otherwise
be absorbed by the soil, and the heat from their surfaces increases the melt-
ing rate of snow and ice. Similarly, destruction of vegetation and wetlands,
which absorb some precipitation (woodlands also shade snow and ice, moderat-
ing the rate of melting), will increase the rate of runoff. As a result,
precipitation passes too quickly through groundwater channels, increasing
the rate of stream flow, making it irregular with low base flows and high
peak flows. Thus, dependent groundwater reservoirs will also fluctuate,
depriving a community of a stable supply of water.
Developmental effects on the rate of peak and base flows of a
stream also increase the level of flooding by altering the character of the
watershed so that too much water runs off at one time. Figure IV-2 shows
the relationship between flooding and the per cent of impervious surfaces in
a watershed.
Moreover, increased sedimentation, associated with rapid runoff, is
deposited in the streambed, thus raising the bed and the level of flood
waters. Increased runoff is a particular problem in areas of heavy seasonal
rainfall, such as the Southwest or in mountainous areas with heavy spring
meltwaters such as the Rocky Mountain, Pacific Coast, and Applachian states.
In a natural state, a stream can handle the rate of runoff from any
average rainfall. This does not mean that flooding is an unnatural phenomenon;
it regularly occurs to some extent in all streams during periods of heavy pre-
27
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FIGURE IV-2J
TUB EFFECT Or URBANIZATION ON FLOODING
100
80
Per Cent Of
Area Impervious
60
40
20
100
200
300
400
500
600
Per Cent Increase In Peak
F1OV7 Of Mean Annual Flood
* 60% of area served by storm sewerage
cipitation and melting. But the flooding is seldom catastrophic, thanks
to the moderating effects of vegetation, soil and organic litter, and wet-
lands. Disturbance of these moderators of runoff can produce unnaturally
high and occasionally catastrophic flooding. Thus an important part of a
community's flood control program includes regulation of development in sensi-
tive environmental areas such as hillsides, woodlands, and wetlands.
28
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If a community wants to maintain a stable surface and groundwater
supply as well as minimize the damages of flooding, it will create a land
use policy to regulate development in the watershed so that protective soils,
vegetation, and wetlands are maintained and runoff is not significantly in-
creased by too many roads and other impervious surfaces. Of course, the
total watershed may lie outside an affected community's jurisdiction. In
2
this case cooperative county and regional policies can be developed.
2. Effects on Water Quality
Streams transport the soils created by weathering or dislodged by
running water from the upland portions of the watershed and deposit them
along their banks downstream. During high water and rapid flow, large
quantities of sediment are thus transported, creating floodplains and deltas
where they are deposited. These alluvial soils, such as those along the
Mississippi River, create some of our most productive agricultural areas.
The amount of sediment or suspended particles a stream can carry
depends in large part upon the rate of flow, which is usually measured in
gallons per minute or cubic feet per second. Water of high velocity is able
to carry more particles than slower moving water. Thus rapid runoff is asso-
ciated with increased erosion and sedimentation. Once the rate of flow de-
creases, heavier particles such as gravels and sand settle out and are de-
posited along stream banks and flood plains or in stream beds. In even
quieter water, where a stream enters a lake or marsh, or where there are still
stretches of a stream, finer particles such as clay and silt settle out and
are deposited.
29
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The rate and amount of sedimentation a stream can carry is balanced
by the rate of upland erosion, the amount of runoff, and the geometry of
the stream itself. Changes in any of these factors, as shown in Figure
IV-3, can have far-reaching effects upon the stream. In general, stream
Figure IV-3
Stream properties
Deep stream bed
usually means high
velocity and scoured
rock bottom
Shallow stream ber1
usually means low
velocity and less
scoured, sediment
prone bottom
Under natural conditions
use of nutrients, oxygen
and other stream resources
by wildlife, plant life
and decomposing
matter is at an equilibrium
With increased runoff,
organic matter
in the water increases
and uses much of the total
oxygen in decomposing-
fish decline, algae
proliferates
Under natural conditions
a stream can efficiently
transport the sediment
deposited by natural
erosion and runoff
When increased runoff
increases the sediment
load above the natural
capacity of the stream,
the sediment settles
out and is deposited on
the stream bottom
30
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geometry—the shape and depth of a watercourse—is determined by rate of
flow, sediment load, and the composition of the rocks or soils the stream
cuts through. Deep stream beds have high rates of flow, and the fast mov-
ing water, together with the particles it carries, act to scour and clean
the stream channel, flushing out sediments and organic matter. Shallower
streams with lower rates of flow are more likely to have beds composed of
deposited sediments and cannot so easily flush out sediments and pollutants.
Flooding in all streams, especially shallow ones, is an important cleaning
process. Thus making a stream completely safe from flooding by extensive
dams and water control can allow a stream to become choked with sediment and
increased pollutants and debris.
Increased erosion and highly irregular flow, can have a similar
effect upon streams. As Figure IV-3 shows, increased sedimentation has
serious results. It may increase the turbidity—the amount of suspended
particles in the water—cutting down the light reaching lower parts of the
stream and thus killing many species of plants and animals. Such organic
debris, including that added by more runoff but not flushed out by stream
flow, increases the number of decomposing bacteria which use up the avail-
able oxygen, contributing even more to stream pollution. The result is an
algae-choked, biologically depleted stream, a far cry from the healthy
stream which can carry and dispose of a limited amount of sediment and or-
ganic debris.
Increased sedimentation of a stream bed increases flood levels and
interferes with groundwater recharge, and it can also alter the entire
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course of a stream. Most drainage patterns are relatively stable, with
only gradual alteration of stream channels. However, increased sedimen-
tation of a stream bed can force the stream to seek a new channel, resulting
in additional erosion and problems from sedimentation.
Heavy sedimentation of stream beds creates special problems in harbors
and navigable waterways by choking the channels used by boats and ships.
Sedimentation, especially in coastal areas, also destroys spawning and
feeding grounds for aquatic life—especially for many species of game and
food fish as well as for shellfish such as oysters, mussels, and clams.
The typical remedial technique for sediment-choked streams involves
dredging the channel or harbor, creating additional problems with disposal
of the sediment removed. Dredging does not, however, prevent new sedimenta-
tion, and it is thus necessary to repeat such operations periodically.
The real cause of increased sedimentation lies, of course, in the
watershed. Development of upstream areas can increase runoff and erosion
by removing vegetation, whose roots, leaves, and litter retard erosion, or
by massive construction practices which grade hillsides, remove topsoil,
and leave large areas of land bare and vulnerable to erosion during con-
struction. A Maryland study of construction impact on erosion levels found
increases from 3 to 100 times the sediment yield of dominantly rural or
natural areas as compared to areas undergoing development. Figure IV-4
shows the amount of sediment produced by natural, agricultural, and urban
areas and areas under construction.
The most critical problem of sedimentation occurs during the early
construction stages when its topsoil is stripped and subject to erosion
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Figure IV-4
Volumes of sediment eroded from land ot different uses
from running water. The severity of the problem depends upon previous
land use, the gradient, the length of the slope, the type of impervious
and pervious cover. For example, forested cover once removed may release
far more sediment than a disturbed agricultural area. As the degree of
slope and its length increases, so does the sediment production potential.
And certain soil types are more sensitive than others.
Not only does rapid runoff accelerate the process of upland erosion,
it also speeds up the erosive power of the stream itself by increasing the
rate of flow. A fast-flowing stream fed by rapid runoff will cut deep into
its banks, especially if they are composed of easily eroded soil. Not only
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is the sediment load thereby increased, but shading and bank stability
may be destroyed. The loss of shading vegetation will increase water tempera-
ture. And as the stream cuts into its banks, it widens its bed, slowing
the flow of water and accelerating sediment deposition.
A rapidly flowing stream with serious bank erosion is frequently
channelized in order to prevent further bank erosion. Like dredging,
this is a remedial measure with serious environmental side effects. A
channelized stream may flow even faster, affecting unprotected down-
stream areas, and destroying habitats for fish and aquatic life.
Along with loss of shading vegetation as a result of stream bank
erosion, impervious surfaces themselves can also increase thermal pollu-
tion of a stream. While natural soil and vegetative cover moderate the
temperature fluctuations of solar radiation, roads, buildings, parking
lots, and other impervious surfaces do not and thus increase the tempera-
ture extremes since they return their heat more rapidly. This pheno-
menon also increased the rapidity and amount of runoff from melting snow
and ice which occurs more gradually under vegetative cover and on natural
soils.
In addition to the many problems with water quality produced by
increased sedimentation from development in the watershed, chemical and
organic pollution is also a harmful result of poorly regulated land use.
Impervious surfaces not only accelerate the amount of runoff, they also pro-
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due polluted runoff. Parking lots, streets, and airports can add petro-
leum products to runoff water, as well as significant amounts of salts and
chemicals used to melt ice and snow. Storage areas for fertilizers and
chemicals raise the dangers of spills and leaks, and dumping and landfill
sites can contribute even further to polluted runoff. Sewage plants and
septic tanks, if they are improperly constructed or placed in highly perme-
able soils, can overflow or leak polluted water directly into runoff channels
or indirectly through groundwater channels which may feed a small creek.
Heavy applications of plant fertilizers may find their way rapidly into
streams as precipitation runs off these areas into gutters or storm sewers.
Some of these hazards may be minimized by constructing catch basins
and treatment facilities for polluted runoff. This or some similar techni-
que is necessary to compensate for the added pollution and the lowered filter-
ing and purifying capacity of the watershed. In a natural condition, the
soils and organic litter, wetlands, and the flow of streams act to
filter the runoff that passes through them. Removal of vegetation, loss of
soils through erosion, destruction of wetlands, and increase in impervious
surfaces, and alteration of stream flow can impair this natural method of
purifying runoff. Impervious surfaces are particularly hazardous since they
not only increase the amount and rate of polluted runoff, they also bypass
the natural filters of the soil. Of course it should not be assumed that
the watershed's filtering system is capable of purifying all types or vast
quantities of runoff pollution. It is not. But it can purify some runoff
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pollutants and, if it is maintained in a healthy state and care is taken
not to exceed its assimilative capacity, the watershed and its various
filters can significantly moderate pollution from some carefully planned
developments.
If a community wants to preserve the purity and health of its streams
and creeks, it must plan and regulate the development of watersheds in order
to control the rate and amount of runoff, chemical and biological pollution,
and erosion and sedimentation. Crucial to these goals will be the preserva-
tion of the filtering and moderating effects of soils, vegetation, and wet-
lands on runoff. Allowing the construction of too many roads, parking lots,
and other impervious services will not only interfere with the watershed's
natural filtering processes, but also will increase the amount of runoff and
erosion. Finally, the use of agricultural and garden fertilizers and the
location and construction of storage and landfill sites and sewage disposal
systems must also be regulated.
3. Effects Upon General Natural Systems
As integral parts of the hydrologic and nutrient cycles, streams are
crucial resources not only for people, but also for other forms of life and
the various ecological communities. Valleys and plains depend upon streams
for transportation of water and nutrients; marshes depend upon streams for
similar resources; and many species of food and game fish and other wildlife
depend upon streams for breeding, maturing, watering, and feeding areas.
Thus the ways streams serve the public good in providing given quantities
of clean water is reflected in their benefits to the general environment.
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But the connection between human needs and environmental needs is
not always evenly balanced. For instance, a community may decide to dam
its stream as a flood control measure. The impacts of the dam can be far
reaching. Wetland areas below the dam may dry up and vegetation along
the streams banks will change with lessened flow. Lower flood stages may
protect houses built in the flood plain, but they will also deprive the
flood plain of sediment and nutrient deposition during flooding and also de-
crease the cleansing effects of flood waters on wetlands and the stream it-
self. Thus, the stream may become choked with sediment, destroying many
habitats for fish and other aquatic life. Lowered stream flow will also
affect groundwater levels, causing springs to dry up in some areas. These
and other changes resulting from the dam may go unnoticed, but they have
far-reaching impacts on the surrounding environment. And, of course, these
impacts may later be felt by the community as it loses some of its wetlands
and wildlife habitats.
If a community wants to maintain the general health of its environ-
ment, it must consider not only the effects of development and alteration
of streams upon its water resources, but also upon its environmental resources
such as wetlands and aquatic life.
C. Local Regulation of Streams and Creeks
The regulatory activities for streams and creeks can be divided into
site-specific and non-site-specific regulations. Site-specific regulations con-
trol the land use within the stream corridor and on the land immediately
adjacent to it. But as the previous section points out, effective regulatory
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action must include regulation of land use in the larger watershed.
Erosion control ordinances are the most common form of these controls that
extend beyond the immediate site of the stream. These watershed controls
are discussed later in this section.
1. Site Specific Regulation
Streams and creeks are sensitive areas. Developmental activity with-
in and adjacent to the watercourse has profound effects on stream hydrology,
channel geometry, and water quality. In recognitition of these negative
potentials, local agencies have responded with a variety of land-use con-
trols. The simplest and most direct are stream protection ordinances and
related regulations. These controls focus on the establishment of buffer
areas extending from the bank to a point landward, with a typical range of
50 to 150 feet. Within this zone the objective is to retain the area in its
natural condition in order to buffer the effects of development. Consequently,
severe restrictions are placed on watercourses alteration through dredging,
filling, and excavation prohibitions, and permitted uses within the buffer
zone are restricted to those with no danger of topographical disturbance or
biochemical pollution.
The passage of state shoreline protection acts has fostered varied
local regulatory approaches on a more comprehensive scale. In these cases,
the buffer area is generally increased to a range of 150 to 200 feet.
Furthermore, the acts tend to specify an even larger shoreland planning
•
area in which special shoreline regulations are applied. As a result.
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these programs tend to cover the impact of more uses over a broader geo-
graphical area.
a. Defining The Buffer Zone—A buffer zone is simply an area extend-
ing from the banks or high water mark of the stream to some point landward.
This zone serves two functions: it protects adjacent developments from the
stream and it protects the stream from the adjacent developments. In the
first instance, the buffer is simply a margin of safety. Natural processes
and man-induced changes often alter stream hydrology by increasing peak flows,
which in turn change stream channel geometry. Radical changes in stream
channel geometry often result in flood and erosion hazards to adjacent pop-
ulations.
The second function of the buffer is less obvious. Protecting the
stream from development requires that the negative influence of increased
runoff, sedimentation, biochemical degradation, and thermal pollution
be minimized. Since the ordinance usually states that some portion of the
buffer zone is to be retained in its natural state, the preserved vegetation
adjacent to streams reduces the force of runoff, which in turn decreases
potential sediment loads. The shade from vegetation also lessens thermal
pollution associated with runoff from impervious surfaces , and leaves and
litter trap harmful biological pollutants. Thus, a buffer of vegetation is
a final filter to the sediment and pollution produced by urbanization.
There are two principal ways of defining the buffer boundary. The
boundary may be a fixed distance from the banks or high water point of the
stream, or the boundary floats or is adjusted according to the character of
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the adjacent lands. Sensitive areas such as hillsides or wetlands may
have deeper boundaries than other areas. (See Figure IV-5.)
Figure IV-5
Fixed stream butler
Floating stream butter
Fixed-point boundaries extend from as little as 25 feet from the
bank to as much as 300 feet. Napa County, California, defines a 50-foot
buffer zone on either side of the watercourse. In Orange County, New York,
the zone is 200 feet. In the Oakland, County, Michigan, Model Ordinance, a
buffer of 25 feet is recommended; while the towns of Marlborough and Brook-
lyn, Connecticut, have established a buffer of some 150 feet. As should be
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apparent, there is a great deal of variation in the definition of the fixed
point boundary. Important considerations in the local definition are the
existing character of the stream, the character of adjacent developments,
and to some extent the existence of specific state enabling legislation.
The main advantage of the fixed-point buffer is the ease with which
it is administered. It is relatively simple to determine whether a pro-
jected development will fall within the buffer or not. The key weakness
is found in the rigidity of fixed boundaries. Since streams are often
associated with other important resource areas such as hillsides, wooded
areas, and wetlands, fixed-point boundaries may exclude consideration of
these related sensitive areas. For instance, if the boundary extends to
25 feet of high-water elevation and if the wetland is located 26 feet away
from that point, then the fixed boundary gives no protection to it or simi-
larly located resources. In this eventuality, unregulated development in
the resource outside the buffer may harm the quality of the stream.
A floating buffer varies in width according to the location of other
resource areas. This would include, for example, consideration of adjacent
sloping areas, poorly drained soils, woodlands, wetlands, and areas with
high water tables. Placer County, California, defines its Stream Environ-
ment Zone on such a basis:
A land strip on each side of the stream bed necessary to
maintain existing water quality. The width of the stream
environment zone shall be determined by investigation. In-
vestigation shall consider;
(1) Soil type and how surface water filters into the
ground;
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(2) Types and amount of vegetative cover and how it
stabilizes the soils;
(3) Slope of the land within the zone and how signifi-
cant it is for retaining sediment from reaching the
streams.
The intent of maintaining the Stream Environment Zone shall
be to preserve the natural environment qualities and func-
tion of the land to purify water before it reaches the
streams.
While the floating—buffer approach assures regulatory sensitivity
to critical areas along the stream, its weakness lies in investigation
and evaluation of such areas. Under a fixed-boundary system development is
either prohibited or not, depending upon whether it falls in the buffer
area. Under the floating method development may or may not be allowed de-
pending upon how the buffer is defined, and that will depend on the thorough-
ness of the evaluative process.
Local communities with limited staff resources should consider a
combination of fixed and floating boundaries. Under this combination, the
regulations would define a fixed boundary which could be adjusted depending
upon the location of related resource areas. If a proposed development
abutted on the fixed boundary, the ordinance would require the submission
of environmental information about other resources within the parcel. If
critical areas were present in the area, the boundary would be extended to
include these resources or special regulations could apply. If not, the
boundary would remain fixed and development could proceed. In this way,
the boundary could be adjusted according to the location of other critical
areas.
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Still another alternative is to define the fixed-buffer area very
liberally, perhaps to 300 feet on either side of the stream. Permitted
uses within this zone could be keyed to the occurrence of critical areas.
Thus, a wider range of uses would be permitted in those parts of the zones
with no sensitive areas, such as hillsides or woodlands; but where those
did occur, a more restricted list of uses would be permitted. Under this
alternative or the combination of fixed and floating-buffer zones, a local
government will have the administrative advantage of a fixed zone and the
flexibility to include related resource areas.
One problem with defining the extent of a buffer zone is the lack
of precise scientific formulas that make it possible to determine the
optimum buffer width for any single stream. As a result current practice
varies extensively and seems to reflect consensus opinion and precedent
more than anything else. For example, a decision to define a buffer zone
as 25 or 50 feet is based more on observation, the opinion of local experts,
and political consensus, than on any scientifically derived formula.
There is opportunity, however, to evolve more precise formulas. If,
for example, it is possible to identify the exact trapping function of the
buffer in terms of runoff, sediment, and biopollutants, then it would be
possible to predict the necessary buffer width to trap the anticipated
amount of pollution and runoff. Since it is possible to estimate runoff
from any single parcel, the optimum width of stream buffers may thus be more
precisely determined. Yet, even if such a formula is discovered, the basic
decision remains political. The only difference is that precise data could
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be enlisted to argue for an effective buffer zone. Since there is little
disagreement among scientists concerning the functions of a buffer, the
question is one of precise returns from any single choice. However, addi-
tional research in this area would be most useful. In the interim, local
agencies must rely upon the experience of other communities and local ex-
perts.
b. Permitted Uses Within the Buffer Zone—A second part of stream
protection ordinances is the identification of permitted uses within the
buffer zone. Typically, permitted uses include conservation, recreation,
and perhaps agriculture. Uses which involve disturbances of the soil, ve.ge-
tation, or stream banks or pose the threat of chemical or biological pollu-
tion of the stream are prohibited.
Since the objective of restricting land use in the buffer zone is
to retain the functions of the area adjacent to the stream, communities
must exercise some care in defining permitted uses. For instance, many
areas allow agriculture in the buffer zone, even though it may be every bit
as detrimental to the stream as rearrangement of its banks or dredging the
bed. Farm roads and plowing can disturb the soil cover and produce erosion,
and cultivation of soil close to stream banks increases soil permeability
and the possibility of bank erosion. Moreover, agricultural fertilizers and
pesticides raise the threat of water pollution. Thus, it is questionable
whether agriculture is a non-threatening land use in the buffer zone.
The list of permitted uses can expand as the distance from the stream
increases. For example, a buffer zone of 25 feet would have a narrow range
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of permitted uses, but a zone of 150 feet may have a wider range of possi-
ble uses. In the latter case the ordinance might rigidly restrict land use
within 25 feet of the stream, but allow other activities within the remain-
ing 125 feet of it. In any event, the list of permitted uses is designed
to assure that the land immediately adjacent to the stream remain in a
natural state and that no nuisance-like uses are permitted in the rest of
the buffer zone.
c. Topographical Alterations within the Buffer Zone—The third
feature of stream protection ordinances is closely related to the defini-
tion of permitted uses within the buffer zone. It involves strict restric-
tions on the alteration of the stream and changes in adjacent topography,
such as dredging, filling, and dumping in the stream or its buffer zone. Un-
less the existing condition of the stream presents a safety threat to the
community, no alteration should occur which may lead to disturbance of
stream hydrology or stream channel geometry.
Many communities, such as Napa County, California, require special
permits in order to:
(1) Deposit or remove any material within a watercourse
(2) Excavate within a watercourse
(3) Plant or remove any vegetation within a watercourse
(4) Construct, alter or remove any structure within, upon or
across a watercourse
(5) i-Alter any embankment within a watercourse
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Oakland County, Michigan's Model Watercourse and Wetlands Protec-
tion ordinance requires a permit if the applicant wants to:
Deposit or permit to be deposited any material, including
structures, into, within or upon any watercourse or wet-
land area, or within 25 feet of the edge of any watercourse,
designated on the. . . .
Remove or permit to be removed any material from any water-
course or wetland area, or from any area within 25 feet of
any watercourse, designated on the Official Maps. . . .
The Austin, Texas, ordinance also required a permit for similar activities
No development, except development which has an inconsequen-
tial effect on the environment and on drainage and which has
been exempted by the director or engineering, shall be under-
taken on any land, tract, parcel, or lot which is adjacent to
or crossed by a waterway until a permit for said development
has been obtained. . . .
In the ordinance, development is defined as:
(1) The commencement of mining, excavation,"or dredging;
(2) The clearing or removal of natural ground cover and/or
trees in connection with site preparation for construc-
tion, immediate or future;
(3) The deposit of refuse, solid or liquid waste, or fill;
(4) The alteration or improvement of a bed, bank, or flood
plain of a waterway;
(5) The departure from the provisions of a development permit.
Restrictions on topographical disturbance both within and adjacent to
the stream are clearly desirable. Since the effect of disturbance is both
immediate and direct, local agencies would do well to require a special per-
mit prior to any developmental activity. The permit, in turn, should re-
quire a determination on the part of local officials that the proposed acti-
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ity will not harm the stream. For instance, the Streambelt Protection
Regulation of Marlborough, Connecticut, provides that,
Any building or construction (including septic systems)
within 150 feet of a stream or its accompanying wetlands
... is permitted only as a Special Exception of the Zon-
ing Board of Appeals. It shall be proven by the developer
that building or construction within the streambelt will
not cause pollution or impair the health or safety of the
residents, or the ecological balance of the area.
This provision is a common feature of wetland ordinances where the appli-
cant is required to show that the proposed activitiy is compatible with
the health of the wetland resource.
Buffer zones, lists of permitted uses, and strict control of topograp-
ical and stream alteration are the important elements of stream protection
ordinances. Together they establish a sensible regulatory approach. But
in order for stream protection ordinances to be effective, they must be
supplemented by non-site-specific regulation of watershed development pro-
vided under erosion-control ordinances.
d. Jurisdictional Considerations of Stream Protection—A common
criticism of regulations affecting small watercourses is that the stream
extends beyond the limits of the local jurisdiction. While this is often
the case, there are many small streams or large portions of them which are
contained within a single jurisdiction.
When only small segments of the stream are within a locality's
jurisdiction, some regional or integrative approach must be found. Councils
of goiwjernments, regional planning agencies, and regional soil conservation
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offices can play a role in effecting coordinated, environmentally sensi-
tive local regulation of streams.
County governments offer another answer to the problems of juris-
dictional boundaries. Counties with the power to regulate land use can
develop and administer such regulations. With or without land-use powers,
counties can take on a stronger coordinating function with local govern-
ments . For instance, the County Board of Supervisors of Fairfax County.
Virginia, established a "County Stream Valley Board" whose function is
to coordinate land use as well as open space and other recreational pro-
grams. Composed of members of the Regional Soil and Water Conservation
District, the County Park Authority, and various members of the county staff,
the board is the primary coordinating agency for the management of the
stream valleys. Similarly, the Santiago Creek/Santa Ana River Greenbelt
Program in Orange County, California, has a coordinating purpose. Both
the County and the cities within the county adjoining the stream and
river are active in the greenbelt program. As with Fairfax, Orange County
emphasizes coordinated open space decisions and the consistent application
of land-use controls in local communities.
Still anothes potential source of integrative action are the many
Regional Water Quality Boards which are primarily concerned with water
policy. Thus, their role in coordinating or administrating stream protec-
tion or shoreline management controls is an appropriate one.
In coordinating land-use controls" for streams, it is important to
note that they need not necessarily be uniform in substance or application.
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It is far more important that some form of control, however uniform it
is, be established. At this stage in the evolution of land-use controls
for sensitive areas, most local jurisdictions do not have special ordi-
nances for streams. Consequently, the first duty of the integrative
agency is to get agreement on the concept of control and its key elements.
Decisions as to a buffer 50 feet, 100 feet, or 200 feet can come much
later.
e. State-Mandated Stream Protection—Several states have compre-
hensive water resource acts which not only encourage communities to develop
stream protection ordinances, but also serve as the basis for coordinated
effort among various jurisdictions. These state-mandated stream protec-
tion provisions usually extend the common width of the buffer and the
designated planning area, thus beefing up already existing, but narrowly
defined buffer zones and planning areas on the local level. Wisconsin
and Washington are two good examples of this new trend in stream protec-
tion.
(1) Wisconsin - 1965 State Water Resources Act
Wisconsin's State Water Resources Act of 1965 requires local
agencies to develop and adopt regulatory programs for the protection of
shorelands as well as flood plains. As defined under the Act, shorelands
include not only lakes and ponds, but also navigable and non-navigable
streams. The shoreland extends "three hundred feet from the high water
elevation of navigable streams or to the landward side of the flood plain,
whichever is greater." Navigable streams are those designated by the USGS
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as perennial—a stream which contains water most of the year except for
infrequent and extended periods of drought.
One important aspect of the definition is the relationship to the
flood plain. Since many local jurisdictions have adopted flood plain regu-
lations, it is useful to consider the regulatory relationship between the
two in terms of boundary definition. In the Wisconsin case potential
boundary confusion is settled by defining the limits of the shoreland as
"three hundred feet from the high water elevation of navigable streams
or to the landward side of the flood plain, WHICHEVER IS GREATER."
(authors' emphasis). In other words, 300 feet is the minimum extent of the
boundary. However, if the flood plain extends to 500 feet, then the plan-
ning area would also extend 500 feet from the stream. In order to elimi-
nate regulatory overlap and possible inconsistencies, it is useful to
qualify the flood plain and shoreland regulation as the Wisconsin law does
by stating that the more inclusive definition of the two applies. In
most cases, this means that the flood plain regulation would be most com-
monly applied.
Another aspect of the relationship between flood plain and stream
protection is the different purposes of each. Flood plain regulations
focus on the protection of people and structures from flood hazards. On
the other hand, stream protection or shoreland regulations emphasize flood
and erosion hazards and water quality considerations. Since a sole empha-
sis on flood hazards is not sufficient to protect water or prevent erosion
or sedimentation, the addition of shoreland or stream protection rounds
out the regulatory approach.
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Within the shoreland planning area, Wisconsin's law defines a
buffer zone, which tends to be larger than those of most local stream
protection regulations in states with no state mandate. For perennial
streams, the buffer is roughly 100 feet landward from high water eleva-
tion. In the buffer zone, which, of course, includes the stream itself,
topographical alterations are restricted. Through the use of setbacks
and restrictions on clearing natural vegetation, development activity is
kept to a minimum in this area. Regulations also contain restrictive
standards for septic systems, which must be set back at least 100 feet
from streams. Moreover, they are prohibited in steep slope areas, wet
soils, and areas with outcroppings of bedrock. Since, as with all buffer
zones, the objective here is to retain the area in its natural state,
only nonintensive uses are allowed and topographical alterations are
strictly controlled.
(2) Washington - Shoreline Management Act of 1971
In 1971, the State of Washington passed the Shoreline Management
Act. Like Wisconsin's law, the Act covers streams and other water resource
areas. As defined in the Act, any stream which has a mean annual flow of
more than 20 cubic feet per second is covered. In such streams the shore-
land planning area extends 200 feet landward from the ordinary high water
mark. Stream shorelands are generally divided into five basic
districts—urban, 'suburban, rural, conservancy, and natural. The designa-
tion of the appropriate district depends upon two principal considerations:
the existing and expected character of development and the character of
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the natural features in the area. In this way both man-made and natural
criteria are utilized in the choice of district designation.
Washington's Act specifies that local jurisdictions, cities and
counties, are required to develop plans and regulations to implement its
provisions. For each district the state law establishes a set of manage-
ment policies which serve as elementary guidelines for the preservation
of the stream. In the urban district, for example, the management poli-
f
cies allow the greatest extent of development possibilities. As one moves
from the urban district to the suburban, rural, conservancy, and natural
ones, the general management policies become more restrictive. Fewer and
fewer development objectives are available as the emphasis turns to en-
vironmental objectives.
In addition to general management policies for any one district,
the state guidelines also specify permitted uses for each district and
a special set of standards for regulating them. In the urban district,
the number of permitted uses is quite large and the standards are permis-
sive. In natural districts the permitted uses are most restricted and the
evaluative policies and standards are quite stringent for any of the pos-
sible uses.
An example of a local application of the Washington law is Snoho-
mish County's "Shoreline Management Master Program." As specified in the
state legislation, the program was developed by a citizens advisory group
in conjunction with the county planning staff. Snohomish followed the
specific state guidelines and also added some innovative approaches
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of their own. As they followed the state mandate, the citizens group
and staff developed the elements of the Master Program, designated the
environment districts, established policies and permitted uses, and pro-
posed a development evaluation process for the shoreline area. (See
the appendices of this chapter for a step-by-step discussion of the
Snohomish evaluation process.)
The Snohomish method of regulation is a combination of policy evalu-
ations and specific standards. Each permitted use must conform to general
shoreline policies, use policies in the specific environment district, use
activity policies, use activity general regulations, and use activity regu-
lations specific to the environment. The regulatory process moves through
these policies and regulations from the general evaluations to site-speci-
fic considerations for each applicant. At each evaluative step the program
allows for both conditional uses and variances. In addition, a permit for
a specific use may be denied on the basis of either policy evaluation or
standards evaluation. Thus, in themselves, policies can be the basis for
decision.
Another important feature of the Snohomish approach is the possible
combinations of regulations and policies which might apply to any appli-
cant. For example, an applicant for a Planned Unit Development might
have to comply with the relevant requirements for residential, commercial,
and utility uses for one or perhaps two environment districts. Thus, this
regulatory approach provides a broad evaluative framework for any devel-
opment proposal.
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Although Snohomish represents one of the more comprehensive regu-
latory approaches to stream resource protection, the specifics of the Sno-
homish method will not be appropriate for all jurisdictions. Since envi-
ronmental factors vary from place to place, permitted uses will also vary.
And since the character of existing developments might be quite different
in other areas, the specific aspects of the process can also change. More-
over, smaller jurisdictions may not have the evaluative expertise avail-
able to Snohomish.
Even though the exact Snohomish approach may not be appropriate
for all areas, its basic features are attractive:
1. The designation of districts with specific permitted uses
makes good environmental, economic, and legal sense.
2. The establishment of general and specific policies and regu-
lations allows for flexibility in the application of land-use controls.
3. Further, the combination of evaluative policies and specific
regulations provides a good combination of standards to insure minimum
protection and performance and flexible policies to allow for the evalua-
tion of factors not easily specified.
4. Finally, each application is reviewed on the basis of all po-
tential uses, not solely on its stated, primary use.
Taken as a whole, the Snohomish approach is a good one and provides a
helpful model for other areas.
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2. Non-Site Specific Regulation
Site-specific regulations/.such as stream Protection Ordinances
and state-mandated Shoreland Protection Acts, focus on the control of
land use within and immediately adjacent to streams. On the other hand,
non-site-specific regulations, such as runoff, erosion and sedimentation
control ordinances, focus on land-use regulation in the entire watershed.
Neither type of regulation is sufficient in itself. Site-specific regu-
lations afford protection to stream banks and prohibit potentially damag-
ing development activities on land adjacent to streams. These regula-
tions do not, however, protect the stream from the harmful effects of
increased runoff or sedimentation as a result of development in the water-
shed. Non-site-specific regulations are designed to provide protection
from developmental impacts in watershed areas outside the streamside
buffer strip. Together both types of regulations provide more complete
protection for surface water resources and the many related sensitive areas,
such as wetlands, groundwater recharge areas, and hillsides.
The two types of non-site specific regulation of the watershed—
Runoff Control Ordinances and Erosion and Sedimentation Control Ordi-
nances—are clearly related. Since the natural processes of runoff, ero-
sion, and sedimentation are intricately connected to the amount of pre-
cipitation, the amount of vegetative cover, the type of soil, the degree
of slope, and the length of slope, an ordinance which controls runoff will
minimize erosion and sedimentation, and vice versa. However, it is im-
portant to note the substantive differences between erosion-sedimentation
55
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controls and runoff controls. The key difference is the time over which
the controls are applied. Erosion and sedimentation controls are princi-
pally concerned with regulating the process of construction, while run-
off controls are intended to regulate the effects of development both
during and following construction. Runoff control emphasizes drainage
over the long term, while erosion and sedimentation regulations empha-
size the control of soil disturbance during and immediately following
the period of construction.
One further difference is in the objective of the ordinance or
regulation. Runoff, until recently, had flood control as the principal
objective. On the other hand, erosion arid sedimentation controls have
the multiple objectives of protecting water and soil quality, as well as
flood control. Since the two ordinance types are not equivalent, local
agencies must consider relevant features of both in order to form an
effective coordinated regulatory package.
a. Runoff Control Ordinances—Early methods of controlling runoff
in a watershed were directed primarily toward flood control and utilized
techniques such as channelization, levees, dams, and other alterations
of the natural drainage pattern of the watershed. While flooding from ex-
cessive runoff was thus brought under control, ditches and similar con-
struction created new environmental problems. And since the purpose was
to provide adequate drainage for the increased runoff from impervious
surfaces, more development meant even more drainage construction.
Recently, some local areas have moved toward a very different
approach to the control of runoff. Under the concept of environmental
56
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performance standards, this new approach requires that the amount of
runoff from any specific development will not exceed the carrying capac-
ity of the natural drainage system. In this way the natural drainage
system continues to perform its function to adequately drain a watershed.
Moreover, the great expense of constructing a new, artificial drainage
system covering the entire watershed is minimized.
In communities developing such ohsite runoff controls, the essen-
tial regulatory theme is simple. Runoff from any specific development
must not be greater than would be the case under natural conditions.
With the advanced work of the U.S. Soil Conservation Service, it is possi-
ble to estimate the runoff from any specific site under natural conditions.
(See the discussion of Environmental Performance Standards at the end of
this manual for details of these procedures.) Using this information,
the local agency is able to establish exact standards of performance for
any specific area subject to development.
In addition, the developer is free to use a variety of methods to
assure that runoff from his development does not exceed the natural,
specified limit. For instance, a developer may retain a certain percent-
age of his land in vegetative cover, or he might construct parking lots
and roads out of pervious materials, or he might construct retention
facilities for runoff. The authors of a recently issued report entitled
Water Resources Protection Measures in Land Development, A Handbook, iden-
tify some 12 major types of measures to control increases in runoff due to
development, ranging from roof retention to porous pavement.5 Instead of
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specifying particular methods, runoff control ordinances based on the
performance standard approach leave that decision to the developer as
long as whatever method he chooses meets the required standard.
In DeKalb County, Georgia, a proposed environmental ordinance
establishing regulations for soils, topography, vegetation, and drain-
age uses the performance standard approach in the control of runoff.
The ordinance covers "All persons proposing development or construction
on property located in DeKalb County. ..." In the section dealing
with runoff, the ordinance provides that,
The release rate of storm water from all developments
shall not exceed the storm water runoff from the area
in its natural state for all intensities and durations
of rainfall. The carrying capacity of the channels
immediately downstream must be considered in determin-
ing the amount of the release. The County will accept
a release rate not greater than that calculated from 'a
storm of two (2) year frequency with a runoff rate co-
efficient of 0.20, 0.25, and 0.35 for land with an aver-
age slope of up to 2 per cent, 2-7 per cent, and over
7 per cent respectively.
The ordinance also specifies required capacities for runoff-retention
facilities:
The live retention storage to be provided shall be calcu-
lated on the basis of the 100-year frequency rainfall as
published by the National Weather Service for the affect-
ed area. The retention volume required shall be that
necessary to handle the runoff of a 100-year rainfall,
for any and all durations, from the proposed development
less that volume discharged during the same duration at
the approved, release rate as specified above.
Much the same approach has been developed in Leon County, Florida,
where an ordinance relating to the control of onsite-generated erosion,
sedimentation, and runoff provides that
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The plans to be implemented by such person for control-
ling on-site generated sedimentation, erosion, and run-
off, said plans to be designed to control runoff, to
prevent damage to downstream property owners, and to
remove sediment prior to discharge of peak storm runoff
from storms having a recurrence frequency of 25 years.
Rainfall-intensity curves as developed by the Florida
Department of Transportation shall be the basis of
design. . . .
Once again, the emphasis on the control of runoff occurs at the site.
In such approaches, the costs of the negative impacts of the
development are internalized at the site of development rather than spread
over the entire watershed. A recent study in Illinois shows that onsite
detention of stormwater not only prevents additional runoff from flooding
downstream areas, but that it is frequently cheaper than the alternative
of constructing storm sewers. At Bloomingdale, Illinois, for example,
the choice of such a storage system saved $370,000 over the estimated
costs of constructing an adequate storm sewer. The performance standard
approach to the control of runoff is a good one. Since flood hazards and
environmental threats originate at specific development sites, it is appro-
priate that they be controlled at the site. Moreover, the cost for envi-
ronmental protection falls on the proponent of the development rather than
the community at large which would otherwise bear the costs of elaborate,
costly, and frequently environmentally unsound flood-control schemes.
Natural drainage systems are left to perform their natural functions.
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b. Erosion and Sedimentation Control Ordinances8—Erosion and
sedimentation control ordinances function to sensitize development to
the erosion/sedimentation potential of the site. Rarely do these ordi-
nances establish uniform specification for all development. Rather, each
development application is evaluated on the basis of various site charac-
teristics such as type of soils, degree/length of slope, size and duration
of exposed surface. Thus, development in sloping, easily eroded soils
would be required to meet more exacting standards than equivalent devel-
opment in flat terrain with less erodible soils.
Most sedimentation-erosion controls are included in local land-use
regulations either by establishing a separate ordinance or amending the
basic zoning and subdivision ordinances. In choosing one approach or the
other, the local agency should consider relevant state enabling legisla-
tion, the effectiveness and efficiency of administering the ordinance, and
the capabilities of the evaluative body. If the state has specific ero-
sion/sedimentation enabling legislation, such as New Jersey, local agencies
would choose a separate ordinance as provided by the state mandate. If
not, they would amend the zoning or subdivision ordinance which will have
broader, more established police powers than a new, separate ordinance.
Moreover, a separate ordinance could be more difficult to administer than
one attached to already existing zoning or subdivision ordinances. Yet
if the sedimentation-erosion control is attached to zoning or subdivision
regulations, it might fall under the review of a decision-making body not
qualified to evaluate these considerations. In this case, a separate ordi-
60
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Hance which requires review by the local soil conservation district might
make more sense. Regardless of the path chosen, the substance of the
sedimentation/erosion control ordinance remains much the same.
Key features of the regulation are 1) requirements for an erosion/
sedimentation control plan; 2) data requirements for the plan; 3) review
and approval; 4) evaluative principles. The requirements for a plan
simply specify that no land area shall be disturbed, until a plan for soil
erosion and sedimentation control has been submitted to and approved by
the relevant agency. The agency or individual might be the planning
department, the soil district, the building inspector, city engineer,
planning commission, or perhaps the town council.
Data requirements for the plan include: 1) location and description
of existing topographical features and soil characteristics of the site,
such as length and degree of slope, type of soil, type and amount of vege-
tation cover; 2) location and description of proposed changes to the site;
3) measures for soil erosion and sediment control (may be tied to standards
established in a separate publication); 4) a scheduling sequence for the
installation of control measures for each stage of the project, along
with starting and completion dates for each phase; and 5) a catch-all re-
quirement for any special data (such as impact on adjacent sensitive areas)
the review agency deems necessary for the development of a specific site.
Evaluative principles follow a general format, such as the follow-
ing from an Erosion/Sedimentation Control Ordinance in Camden, New Jersey:
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Article VT—Standards of Performance
6.1 Design Standards: The applicant or landowner
shall conform to the published Standards for Soil Erosion
and Sediment Control in New Jersey as issued by the New
Jersey State Soil Conservation Committee.
Copies of these standards are and shall be maintained
available for reference at the office of the District Secre-
tary, 152 Ohio Avenue, Clementpn, New Jersey 08021.
6.2 General Principles for Performance: Performance
shall include, but not be limited to, conformance to the
practices enumerated below. (Parenthetical numbers refer
to section or page numbers in the 14 June, 1972 issue of
the Standards referenced in Article 6.1 above).
6.2.1 The smallest practical area of land shall be ex-
posed at any one time during development.
6.2.2 When land is exposed during development, the ex-
posure shall be kept to the shortest practicable period of
time.
6.2.3 Natural features such as trees, groves, natural
terrain, waterways and other similar resources shall be
preserved wherever possible in the process of developing
plans for development and use of lands.
6.2..4 The boundaries and alignment of streams shall be
preserved and shall conform substantially with the natural
boundaries and alignment of such streams.
6.2.5 Temporary vegetation and/or mulching shall be
used to protect critical areas exposed during development.
(Standards 3.11 and 3.31).
6.2.6 The permanent final vegetation and structures
shall be installed as soon as practical in the develop-
ment. (Standards 3.21 and 3.41).
6.2.7 Wherever feasible, natural vegetation shall be
retained and protected. (Standard'3.61).
6.2.8 No top soil shall be removed from the areas ex-
cept those intended for structures or to be covered by man-
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made improvements. The top soil from areas intended for
such improvements shall be redistributed within the bound-
aries of the lands in questions so as to provide a suita-
ble base for seeding and planting. (Standard 3.51).
6.2.9 The development shall be fitted to the topogra-
phy and soils to create the least erosion potential. (Stan-
dards 4.11 and 4.51).
6.2.10 Provisions shall be made to effectively accomo-
date the increased runoff caused by changed soil and surface
conditions during and after development. (Standards 4.21,
4.31 and 4.61).
6.2.11 Sediment basin (Debris basins, desilting basins
or silt traps) shall be installed and maintained to remove
sediment from runoff waters from land undergoing development.
(Standards 4.41).
Finally, the regulation may require performance bonds to insure
the installation and maintenance of the control measures for some mini-
mum period ranging from one month to one year following the end of con-
struction .
Since the effectiveness of the ordinance or regulation depends
upon the judgement of the review body, it is apparent that additional eval-
uative resources are required, such as a competent planning staff with
some training in the soil sciences and conservation practices, or a
joint evaluative arrangement with the Soil Conservation District. If
the joint arrangement is inappropriate, a planning staff with little soil
science background might consider the use of the numerous publications
on standards for erosion and sediment control. In these publications,
some of which are listed in the- bibliography to this section, a local or
state soil conservation agency lists and evaluates general guidelines
63
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and a series of control measures ranging from vegetative standards
for erosion control to design standards for various engineering devices,
such as diversions, grassways, sediment basins, and other structural
or chemical-control devices. In these handbooks, the standards are quite
exact and the evaluative methods are relatively simple to understand.
Consequently, for the local planning agency with primary evaluative respon-
sibility, these publications are quite useful. They serve to round out
general evaluative standards and provide developers with a more exact
description of their expected performance.
The role of various soil and water conservation and natural re-
source districts in the local regulation of erosion and sedimentation has
been a key one. Currently there are some 3,027 of these districts in
all 50 states. Together these jurisdictions cover over 98 per cent of
the privately owned land in the nation. These districts are legal sub-
divisions of each state and are governed by 5-7 persons elected or ap-
pointed in accordance with the particular state law. While they provide
various services to local jurisdictions, the primary emphasis has been on
the control of erosion and sedimentation.
.In the late 1960s, many of the districts began entering into joint
agreements with local governments concerning soil and water management
in the development process. In line with their changing emphasis from
agricultural soils to problems of urbanization, the districts began
developing guidelines for the control of erosion and sedimenta-
tion in the development process. In addition to the guidelines, numerous
districts established agreements with local jurisdictions for the pur-
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pose of evaluating soil and erosion problems in particular development
applications. Under these agreements, each application for development
is required to have an erosion and sedimentation control plan in line
with the standards established by the district. The district then evalu-
ates the control plan and, in some cases, serves as the enforcing agent.
By 1972, under such agreements the districts were providing services to
some 2,000 communities and had entered into more than 2,000 cooperative
watershed and flood protection projects. Clearly, soil water conservation
districts have been among the prime movers in the control of erosion
and sedimentation in the development process. Given this central role
of such conservation districts, local communities are well advised to
solicit the participation of the local soil district. With their special
history and expert resources, they are generally well prepared to partici-
pate in such a regulatory program.
In spite of the enormous contribution of soil conservation districts,
many local agencies are still without erosion and sedimentation controls.
Even if the controls are on the books, there is a problem in the appli-
cation of the controls. In many areas, the regulations are so generally
stated and the evaluative resources so weak that the provisions of an
erosion and sedimentation-control ordinance are essentially meaningless.
However, with the aid of the publications currently available and the
participation of local soil districts, there can be effective regulatory
programs. In a continuing flow of studies of the effectiveness of vari-
ous control devices, it is clear that the environmental return from such
9
land controls are substantial.
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NOTES
1. Joachim Tourbier, Water Resources as a Basis for Comprehensive Plan-
ning and Development of the Christina River Basin, (Newark, Del.:
University of Delaware Water Resources Center, 1973), p. 6.
2 . For a more detailed discussion of streams and creeks and tiheir role
in the hydrological cycle, see
Luna B. Leopold and Water B. Langbein, A Primer on Water, (Washington,
D.C.: U.S. Government Printing Office, 1960).
3. Paul W. Mckee, Problems of the Potomac Estuary, (Washington, D.C.:
Interstate Commission on the Potomac River Basin, 1964), pp. 40-46.
4. Tourbier, p. 6.
5. For further reading on sedimentation see the following:
Thomas R. Detwyler and Melvin G. Marcus, Urbanization and the Environ-
ment, (Belmont, California: Duxbury Press, 1972), pp. 103-108;
Luna B. Leopold, Hydrology for Urban Land Planning; A Guidebook on
the Hydro logic Effects of Urban Land Use, USGS Circular 554, (Washington,
D.C.: U.S. Government Printing Office, 1968).
6. Joachim Tourbier and Richard Westmacott, Water Resources Protection
Measures in Land Development; A Handbook, (Newark, Delaware: University
of Delaware Water Resources Center, 1974).
7. U.S. Department of the Interior, Office of Water Resources Research,
Annual Report 1973, refer to Illinois project C-3380.
8 . This section complements a great deal of the material in Appendix A .
Appendix A is concerned with the concept of Environmental Performance
Standards as a regulatory device in the control of runoff and erosion.
9. L.D. Meyer, C.B. Johnson and G.R. Foster, "Stone and Woodchip Mulches
for Erosion Control on Construction Sites," Journal of Soil and Water
Conservation, Nov.-Dec. 1972, p. 264;
Joachim Tourbier, op cit.
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BIBLIOGRAPHY
Coughlin, Robert E. and Thomas R. Hammer. Stream Quality Preservation
Through Planned Urban Development. Washington, D.C. 1973.
A report prepared for the Environmental Protection Agency that
deals with preventing negative effects of urbanization on streams
and creeks through planning. It includes findings on fiscal and
nonfiscal benefits of planning, effects of urbanization on stream
channel enlargement and water quality, and makes recommendations
on development restrictions for stream preservation.
Easterbrook, Don J. Principles of Geomorphplogy. New York. 1969.
An excellent basic textbook on gemorphology, the study of the
movement of land and land masses of the earth. It includes dis-
cussions of erosion, stream and hillside stability and geologic
hazards. Well illustrated and concise.
Institute for Environmental Studies, Regional Science Research Institute,
and Untied States Geological Survey. The Plan and Program for the Brandy-
wine. Published by Institute for Environmental Studies, University of
Pennsylvania, Philadelphia. 1968.
This is the final report of a consulting group that made a study
of a section of the Brandywine River watershed "to determine
whether the inevitable urban development of the Upper East Branch
watershed can be accomplished with the minimum of damage and dis-
ruption to the water, scenic, and other natural resources of the
area. ..." Section II describes the setting, geology, climate,
hydrology, etc.; Section III, the plan, discusses land use pro-
posals, erosion controls, and other recommendations. There is a
final section on implementation of the program including a dis-
cussion of costs.
Langbein, Walter B. and Luna B. Leopold. A Primer on Water. Washington,
D.C., U.S. Geological Survey. 1960.
A well illustrated introduction to the role of water on planet
Earth. It begins by explaining the water cycle, how water moves
from atmosphere to earth and back to atmosphere and includes
sections on ground water and surface water flow. Some of the
problems associated with water, flooding, sedimentation, erosion
are described also. The second part of the primer is titled,
Water Use and Development and discusses the fluctuating nature
of the water supply and the problems that may be encountered as
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the demand for water increases. This is an excellent resource
for those who require a simple but intelligent introduction to
all aspects of water resources.
Leopold, Luna B. Hydrology for Urban Land Planning; A Guidebook on the
Hydrologic Effects of Urban Land Use. Geological Survey Circular, No. 554,
Washington, D.C. 1968.
This handbook is a relatively technical document dealing with
the application of flood data to planning. Included is a section
on planning procedures and hydrologic variables as well as statis-
tics on the effect of urbanization on increasing flooding and
sediment production.
New Jersey State Soil Conservation Committee. Standards for Soil and
Sediment Control in New Jersey. Published by The New Jersey State Soil
Conservation Committee. 1972.
An excellent erosion and sediment control handbook. It has sections
on vegetative and engineering methods for stabilizing soil. Al-
though developed for New Jersey it is applicable to many other areas.
Regional Science Research Institute. Environmental Study of the Wissahickon
Watershed Within the City of Philadelphia. Philadelphia, Pennsylvania.
June, 1973.
This is a comprehensive report covering all aspects of the effects
of urbanization on a watershed in the Philadelphia area. It in-
cludes an inventory and description of physical and marinade set-
ting and an analysis of the effects of urbanization on the water-
shed including all of its tributaries. There are sections on im-
pacts of future development and recommended restrictions that
would limit this predicted impact. Water quality, -terrestial ecol-
ogy, and aesthetic impacts are also covered and the report concludes
with two sections that deal with reducing impervious coverages.
There are lots of data in this report but the analyses and conclu-
sions are readily understood and applicable to other watersheds.
Tourbier, Joachim. Water Resources as a Basis for Comprehensive Planning
and Development of the Christina River Basin. Water Resources Center,
University of Delaware, Newark, Delaware. 1973.
This is a technical report covering the completion of the first
phase of a study of the Christina River Basin in northern Delaware.
In the study the Basin was used as a model area to analyze techni-
ques for the long-range protection of water quality and water
supply in areas undergoing urban development. It describes a natural
resource inventory that was made, discusses refinement of the site
class concept for protection of water resources and protection mea-
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sures and their costs. It has a very fine section on ground-
water and recommends some innovative methods of protecting
groundwater.
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DATA NEEDS AND TECHNICAL ASSISTANCE
In considering regulation of a small watershed flooding is the
main concern. How often do floods Occur? How much land do they cover?
How far above the flood stage should development be allowed? The USGS
and state geological surveys have worked cooperatively in developing
flood inundation maps for many small and large watersheds. With these
maps and field help from the survey you could arrive at an adequate
buffer recommendation for the stream or creek. The USGS topographic
maps, which indicate elevation and contour, are in many libraries, but
the flood inundation maps may have to be obtained from the state geolo-
gical survey. (Probably located where your state land grant college is;
if you don't know, call a regional USGS office.)
The USGS has a district office in every state that works coopera-
tively with the State Geological Survey (only Rhode Island does not
have a State Survey or its equivalent). A request for assistance should
probably be initiated, however, at the nearest of the nine regional USGS
offices, (see Appendix G, page 517), they could tell you where your
district office is located and who to talk to. The district office will
then refer you to the State Geological Survey office. This three-stage
referral seems bothersome, but it is probably worth the effort so that
you don't by-pass potential resource people.
The USGS and State Survey hydrologists know about sedimentation;
they can help to predict what kinds of changes in bed geometry and sta-
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bility will take place if sedimentation of a stream occurs from con-
struction. The Soil Conservation Service Soil Survey maps will also be
useful in determining the likelihood and degree of sedimentation. This
is an important consideration; the soil that leaves uplands will find
its way fairly quickly into the stream. Few libraries carry complete
sets of soil survey maps,so go directly to your local SCS office if you
know its location. If not, call the state conservationist's office to
find out. (See Appendix E, page 512).
Technical information of wildlife use of streams is provided by
the Fish and Wildlife Service and the state game biologist or game com-
mission. They can tell you if you have rainbow trout in your creek or
what kinds of wildlife drink from it. Call the nearest regional office
(see Appendix C, page 510) of the USFWS and ask for the Associate
Director for Federal Assistance. He/she can tell you the name of state
and sometimes local game biologists who can answer your questions.
Many states have Departments of Natural Resources whose concerns
range from strip mining to mosquito control. In some states these agen-
cies are beginning to take an interest in maintaining the stability of
watersheds and the environment in general. The DNRs would be located
in the state capital and would be worth checking with on inquiries about
streams and creeks or other natural areas.
On a local level there are often old timers, amateur naturalists,
high school biology teachers, and other people who have a substantial amount
of knowledge about local natural areas, as well as a substantial amount
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of enthusiasm. Using these local people helps to develop a grassroots
interest in whatever you may be trying to do with a natural area, whether
it involves total preservation of a wetland or trying to keep a developer
from taking all of the trees down. By combining the services of state,
federal and local governmental agencies with local knowledge you can
probably get a fairly well-rounded assessment of any natural area.
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A SELECTED LIST OF COMMUNITIES WITH
STREAMS AND CREEKS REGULATIONS
Austin, Texas
Planning Department
P.O. Box 1088
Austin, Texas 78767
Benton County, Washington
Planning Department
Benton-Franklin Government
Conference
906 Jadwin Avenue
Richland, Washington 99352
Henrico County, Virginia
Planning Commission
21st & Main Streets
P.O. Box 27032
Richmond, Virginia 23261
Kitsap County, Washington
Kitsap County Planning Department
614 Division Street
County Administration Building
Port Orchard, Washington 98366
McHenry County, Illinois
McHenry County Planning Department
Woodstock, Illinois 60098
Marion County, Florida
Marion County Planning Department
P.O. Box 697
Ocala, Florida 32670
Mine Hill, New Jersey
Planning Department
Town Hall
Mine Hill, New Jersey 07801
Monroe County, Michigan
Monroe County Planning Commission
County Court House
Monroe, Michigan 28161
Napa County, California
Conservation Development and
Planning Department
1121 1st Street
Napa, California 94558
Oakland County, Michigan
Oakland County Planning Commission
1200 North Telegraph Road
Pontiac, Michigan 48053
Orange County, California
Planning Commission
400 Civic Center Drive West
Santa Ana, California 92701
Orange County, New York
Department of Planning
The County Building
Goshen, New Ybrk 10924
Redmond, Washington
Redmond Planning Department
15670 N.E. 85th Street
Redmond, Washington 98052
Sacramento County, California
Planning Department
827 7th Street
Sacramento, California 95814
Santa Rosa, California
Planning Department
P.O. Box 1678
Santa Rosa, California 95403
Snohomish County, Washingon
Snohomish County Planning Commission
Everett, Washington 98201
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Walworth County, Wisconsin
Southeastern Wisconsin Regional
Planning Commission
County Building
Walworth, Wisconsin 53184
Waukesha, Wisconsin
Waukesha County Park and Planning
Commission
County Building
Waukesha, Wisconsin 53186
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(EXCERPT) APPENDIX TV-a
ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA,
STATE OF CALIFORNIA, PROVIDING FOR THE CONTROL THROUGH LI-
CENSING OF WORKS CHANGING THE HYDRAULIC CHARACTERISTICS OF
CERTAIN WATERCOURSES WITHIN THE COUNTY OF NAPA AND PROTECT-
ING THE RIPARIAN COVER WITHIN SPECIFIED DISTANCES THEREOF;
PROVIDING BONDING REQUIREMENTS IN CONNECTION WITH SUCH PER-
MIT; PROVIDING A FEE SCHEDULE FOR SUCH PERMITS; AND PROVID-
ING FOR ABATEMENT AS A NUISANCE OF SUCH WORK PERFORMED WITH-
OUT A PERMIT
Sec. 10200. Findings.
The Board of Supervisors finds that:
(a) Flood hazard areas along certain watercourses in Napa County are sub-
ject to periodic inundation which can result in loss of life and property, and
can result in health and safety hazards, the disruption of commerce and govern-
mental services, producing extraordinary public expenditure for flood protection
and relief, and the impairment of the tax base, all of which adversely affect
the public health, safety and general welfare.
(b) These flood losses are caused by: (1) the magnitude of flood flows;
(2) the cumulative effect of obstructions in flood plains causing increases in
flood heights and velocities; (3) other changes in the hydraulic characteris-
tics of watercourse; and (4) the occupancy of flood hazard areas by uses vul-
nerable to floods or hazardous to other lands that are inadequately elevated or
otherwise protected from flood damage.
(c) The riparian vegetation along these watercourses is a valuable natural
resource. A wide variety of plants and ready availability of water provide liv-
ing conditions for a great number of wildlife species. Many wildlife species,
particularly birds, live only in riparian cover.
(d) Flourishing wildlife populations are not the only benefits derived
from streamside vegetation. Trees, by shading, help maintain cooler water
temperatures and thus retard algae blooms and enhance the fish habitat. Dense
tree growth tends to protect stream banks from erosion, thus reducing the need
for expensive and historically destructive channelizing projects. Lush strips
of trees and ground cover help purify the air and provide an aesthetically pleas-
ing variation to the eye, and in so doing preserve the rural character of the
unincorporated area of Napa County
(e) State-wide surveys establish that riparian habitat has suffered
greatly under man's expanding development. Thousands of acres have been inun-
dated by reservoirs and stripped for channels, irrigation ditches, agricultural
operations, housing tracts and highways. The California Fish and Wildlife Plan
predicts an additional 15% loss of this resource by 1980.
Sec. 10201. Purposes.
It is the purpose of this Ordinance to assist in accomplishing the follow-
ing objectives, thereby promoting the public health, safety and general welfare:
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(a) Regulatory objectives related to flood losses:
(1) Protect adjacent, upstream and downstream private and public
lands from direct and substantial increased flood damage from:
a. Increased flood heights and velocities due to obstructions
placed in watercourses and other alterations to the water
conveyance capacity of watercourses.
b. Deposit debris and other .materials which are carried by
flood waters.
c. Flooding caused by the failure or overtopping of dams, dikes
or levees.
(2) Minimize indirect costs to governmental units caused by develop-
ment work in flood hazard areas which results in:
a. Construction and maintenance of extraordinary and expensive
public service facilities for flood hazard areas.
b. Construction of public works such as dams, reservoirs, chan-
nel straightening and levees.
c. Flood relief.
(3) Reduce potential for fraud and victimization.
(4) Reduce risks to the residents of the County of Napa from threats
to health or safety or economic loss due to flooding.
(b) Regulatory objectives to preserve riparian cover:
(1) Preserve fish and wildlife habitats.
(2) Prevent erosion of stream banks.
(3) J&intain cool water temperatures.
(4) Prevent siltation of stream waters.
(5) Obtain the wise use, conservation and protection of certain of
the County's woodland and wildlife resources according to their
natural capacilities.
(c) Regulatory objectives and provisions to promote broader economic and
and political well-being of the community by:
(1) Promoting the most appropriate use of land throughout the County
of Napa.
(2) Preserving the rural atmosphere in the County.
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(3) Protecting, conserving and promoting the orderly and efficient
development of water and land use resources.
(4) Minimizing dangers to public health and safety from malfunction-
ing water supply and waste disposal systems in flood hazard areas,
Sec. 10202. Definitions.
In this Ordinance the definition of terms set forth in Sections 10203
through 10209 inclusive, shall be given the meaning indicated, unless the con-
test clearly requires a different meaning.
Sec. 10203. "Commission".
"Commission" shall mean the Conservation, Development and Planning Commis-
sion of Napa County.
Sec. 10204. "District".
"District" shall mean the Napa County Flood Control and Water Conservation
District.
Sec. 10205. "Engineer".
"Engineer" shall mean the District Engineer of District.
Sec. 10206. "Hydraulic characteristics".
""Hydraulic characteristics" shall mean the features of a watercourse which
determine its water conveyance capacity. They include (without limitation):
(a) Size and configuration of cross section of watercourse.
(b) Alignment of watercourse.
(c) Gradient of watercourse.
(d) Texture of materials along the watercourse.
(e) Amount and type of vegetation within the watercourse.
(f) Size, configuration and other characteristics of structures within
the watercourse.
Sec. 10207. "Parcel".
"Parcel" shall mean any plot, lot or acreage shown as a unit on the latest
equalized county assessment roll.
Sec. 10208. "Watercourse".
"Watercourse" shall mean one of the natural or artificial channels which
convey surface water delineated on that certain map, with accompanying listing
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approved and adopted by the Board of Supervisors and on file in the Office of
Engineer identified as watercourse obstruction riparian cover ordinance map.
There shall be included in the watercourse an area extending laterally outward
fifty (50) feet beyond the top of the banks on either side of such channel,
except that the watercourse of the Napa River from the southern boundary of the
County to Zinfandel Lane shall include an area extending laterally outward one
hundred (100) feet beyond the top of the banks on either side of its channel.
A watercourse shall not include any property situated within the boundaries of
any incorporated city. Top of the bank shall mean the upper elevation of land
which confines waters flowing in a watercourse to their channel in their nor-
mal course of winter flow.
Sec. 10209. "Water conveyance capacity".
"Water conveyance capacity" shall mean the capacity of a watercourse to
convey a particular volume of water per unit of time at a particular water sur-
face elevation at any particular point on the watercourse.
Sec. 10210. Permit.
No person shall perform any of the following acts or otherwise alter the
hydraulic characteristics of a watercourse without first having obtained a
written permit from the Commission pursuant to Section 10213 of this Ordinance:
(a) Deposit or remove any material within a watercourse.
(b) Excavate within a watercourse.
(c) Construct, alter or remove any structure within, upon or across a •
watercourse.
(d) Plant or remove any vegetation within a watercourse.
(e) Alter any embankment within a watercourse.
Sec. 10211. Exceptions.
The provisions of Section 10210 of this Ordinance shall not apply to:
(a) Any public agency or its contractor.
(b) Any person performing work within a right-of-way of any public agency
pursuant to a permit issued by such public agency.
(c) Emergency work necessary to preserve life or property. When emergency
work is performed under this Section, the person performing it shall report the
pertinent facts relating to the work to the Engineer within ten (10) days after
commencement of the work and shall thereafter obtain a permit under Section
10213, and perform such work as may be determined by the Engineer to be reason-
ably necessary to correct any impairment such emergency work may have caused
to the water conveyance capacity of the watercourse.
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(d) Work consisting of the operation, repair or maintenance of any law-
ful use of land existing on the date of adoption of this Ordinance.
Sec. 10212. Application for permit.
A separate application for a permit shall be made to the Commission, on a
form approved by the Commission, for each act listed in Section 10210 or any
other act which alters the hydraulic characteristics of a watercourse, except
that only one application need be made for two or more such acts which are to
be done on the same parcel. The application shall include a map of the site
and a plan and cost estimate of the proposed development. Such data shall be
submitted in such detail as the Engineer may require. When the proposed de-
velopment includes construction or alterations of structures, three sets of
plans and specifications for such work shall be submitted with the application.
Sec. 10213. Issuance of permit.
No application for permit shall be approved and no permit shall be issued
when the Commission finds and determines that the proposed work will either:
(a) Substantially impair the water conveyance capacity of the watercourse;
or
(b) Destroy a significant amount of riparian cover.
If no such findings are made, the permit shall be issued.
Sec. 10214. Conditions.
The Commission may issue a permit subject to conditions specifically set
forth in the permit when the Commission finds that neither of the effects list-
ed in Section 10213 will be likely to result if the conditions are met.
In the development of conditions of approval or reasons for denial, the
Commission, in addition to the recommendations provided by the County Depart-
ments consulted, may invite comments and recomendations from other governmental
offices whose expertise is considered to be pertinent to the subject of the
application.
Sec. 10215. Responsibility.
Neither the issuance of a permit nor compliance with the conditions there-
of, nor with the provisions of this Ordinance shall relieve any person from any
responsibility otherwise imposed by law for damage to persons or property; nor
shall the issuance of any permit hereunder serve to impose any liability upon
the County of Napa or the District, their officers or employees, for injury or
damage to persons or property. A permit issued pursuant to this Ordinance does
not relieve the permittee of the responsibility of securing and complying with
any other permit which may be required by any other County Ordinance, regional
directive or State law.
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Sec. 10216. Term of permit; extension; renewal.
The permittee shall begin the work authorized by the permit within sixty
(60) days from the date of issuance,.unless a different date for commencement
of work is set forth in the permit. The permittee shall complete the work
authorized by the permit within the time limits specified in the permit, which
is no event shall extend more than twelve (12) months from the date of issuance,
The permittee shall notify the Engineer at least twenty-four (24) hours prior
to the commencement of work. Should the work not be commenced as specified
herein, then the permit shall become void; provided, however, that if prior to
the date established for commencement of work, the permittee makes written re-
quest to the Engineer for an extension of time to commence the work, setting
forth the reasons for the required extension, the Engineer may grant such exten-
sion. A permit which has become void may be renewed at the discretion of the
Engineer upon payment of a renewal fee. If the Engineer does not grant such
renewal, a permit for such work may be granted only upon compliance with the
procedures herein established for an original application. The permittee, at
any time while a permit is in force, may make written request to the Engineer
for an extension of time to'complete the work covered by the permit. The En-
gineer shall grant such a request if, in his opinion, such an extention is
warranted.
Sec. 10217. Notice of completion.
The permittee shall notify the Engineer in writing of the termination of
the work authorized and no work shall be deemed to have been completed until
approved in writing by the Engineer following such written notification.
Sec. 10218. Inspection.
The Engineer may cause inspections of the work to be made periodically
during the course thereof, and shall make a final inspection following comple-
tion of the work. The permitte shall assist the Engineer in making such in-
spections.
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(EXCERPT)
APPENDIX IV-b
.TOWNSHIP, COUNTY OF OAKLAND, STATE OF MICHIGAN
TOWNSHIP ORDINANCE NO.
FLOOD PIAIN AND WETLANDS PROTECTION ORDINANCES
EFFECTIVE DATE:
An ordinance to protect the watercourses, flood plains and wetlands
of Township, Oakland County, Michigan; to regulate the use
of land areas subject to periodic flooding; to protect economic property values,
aesthetic and recreational values, and other natural resource values associated
with the flood plains and wetlands of this township to provide for permits for
the use of these resource areas; and to provide for penalties for the violation
of this ordinance adopted to secure the public health, safety, and general wel-
fare under the combined authority of Act 246 of the Public Acts of 1945, as
amended, and Act 184 of the Public Acts of 1943, as amended.
, County
The Township Board of the Township of
of Oakland, State of Michigan, ORDAINS:
ARTICLE I - SHORT TITLE
This ordinance shall be known and may be cited as the
Township Flood Plain and Wetlands Protection Ordinance.
ARTICLE II - PURPOSE
Section 1. Consistent with the letter and spirit of Act 246 of the Public Acts
of 1945, the Township Board of Township finds that
rapid growth, the spread of development, and increasing demands
upon natural resources have had the effect of enroaching upon, de-
spoiling, polluting or eliminating many of its watercourses and wet-
lands, and other natural resources and processes associated there-
with which, if preserved and maintained in an undisturbed and natural
condition, constitute important physical, aesthetic, recreation and
economic assets to existing and future residents of the Township.
Section 2. Therefore, the purposes of this ordinance are:
A. To provide for the protection, preservation, proper mainten-
ance and use of Township watercourses and wetlands in order
to minimize disturbance to them and to prevent damage from
erosion, turbidity or siltation, a loss of fish or other bene-
ficial aquatic organisms, a loss of wildlife and vegetation,
and/or from the destruction of the natural habitat thereof;
B. To provide for the protection of the Township's potable
fresh water supplies from the dangers of drought, overdraft,
pollution, or mismanagement;
C. To secure safety from floods; to reduce the financial burdens
imposed upon the community through rescue and relief efforts
occasioned by the occupancy or use of areas subject to periodic
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flooding; to prevent loss of life, property damage and other
losses and risks associated with flood conditions; to pre-
serve the location, character and extend of natural drainage
courses.
ARTICLE VI - WATERCOURSE AND WETLANDS PROTECTION
Section 1. Prohibited Acts.
Except as hereinafter provided in this article, it shall be unlaw-
ful for any person without obtaining a written permit therefore
from the Township Board to:
A. Deposit or permit to be deposited any material, including
structures, into, within or upon any watercourse or wetland
area, or within 25 feet of the edge of any watercourse,
designated on the Official Maps of the Oakland County Plan-
ning Commission.
B. Remove or permit to be removed any material from any water-
course or wetland area, or from any area within 25 feet of
any watercourse, designated on the Official Maps of the
Oakland County Planning Commission.
Section 2. Permitted Acts.
A. The following operations and uses are permitted in the water-
courses and wetlands areas of the Township as a matter of
right, subject to the provisions of section one (1):
(1) Conservation of soil, vegetation, water, fish and
wildlife;
(2) Outdoor recreation including play and sporting areas;
field trails for nature study, hiking and horseback
riding; swimming, skin diving, boating, trapping,
hunting and fishing where otherwise legally permitted
and regulated;
(3) Grazing, farming, gardening and harvesting of crops,
and forestry and nursery practices where otherwise
legally permitted and regulated;
(4) Operation and maintenance of existing dams and other
water control devices, and temporary alteration or
diversion of water levels or circulation for emergen-
cy maintenance or aquaculture purposes, if in compli-
ance with state statutes.
B. The following operations and uses are permitted if done pur-
suant to terms and conditions of a permit approved by the
Township Board. Where a final subdivision plat or final site
development plan has been approved by the Township Board,
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such approval, together with any additional terms and condi-
tions attached thereto, shall constitute such a permit:
(1) Docks, bulkheads, boat launching or landing sites;
(2) Municipal or utility use such as water works pumping
stations, parks and recreation facilities, when in-
volving any alteration of existing natural conditions
of watercourses or wetland areas.
(3) Private recreation facilities as permitted and regu-
lated under section of the Township Zoning
Ordinance, and when consistent with the intent and
objectives of this Ordinance;
(4) Dams or other water control devices, dredging or
diversion of water levels or circulation, or changes
in watercourses for the purposes of improving fish
or wildlife habitat, recreation facilities or drain-
age conditions, when consistent with the intent and
objectives of this Ordinance and otherwise permitted
under state statutes.
(5) Utility transmission lines;
(6) Driveways and roads where alternative means of access
are proven to be impractical.
Section 3. Scope of Permits.
All uses and operations permitted or approved by such permits shall
be conducted in such a manner as will cause the least possible dam-
age and encroachment or interference with natural resources and
natural processes within the watercourses and wetland areas in the
Township.
The Township Board shall upon the adoption of a resolution direct-
ing the issuance of a permit;
A. Impose such conditions on the manner and extent of the pro-
posed operation, use or activity as are necessary to ensure
that the intent of this Ordinance is carried out;
B. Fix a reasonable time within which any removal or deposition
operations must be completed;
C. Require the filing with the Township of a cash or surety per-
formance bond, in such form and amount as determined necessary
by the Commission to ensure compliance with the approved per-
mit.
Section 4. Permit Procedure.
A. All applicants for a permit to do any of the acts permitted
by this Article shall present six copies of the permit appli-
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cation together with other required information and materials
to the Township Planning Commission. Thereafter, procedural
matters shall be controlled by Article Four (IV).
B. All applications and copies thereof mist be accompanied by
or include the following information and fee:
(1) Name andaddress of applicant and of applicant's
agent, if any and whether applicant is owner, lesee,
license, etc. If applicant is not owner, the writ-
ten consent of the owner, duly acknowledged, must be
attached.
(2) Amount and type of material proposed to be removed
or deposited, or proposed type of use or activity.
(3) Purpose of proposed removal or deposition operations,
use or activity.
(4) Survey and topographical map of the property upon
which such operation or use is proposed, prepared
in the manner prescribed in subsection C.
(5) Description of the proposed manner in which material
will be removed or deposited, structure installed or
use carried out.
(6) A filing fee of fifty dollars ($50.00).
C. The permit application shall be accompanied by a survey and
topographical map drawn to a scale of no smaller than one
inch equals 30 feet, prepared and certified substantially
correct by a registered land surveyor or engineer, and in-
cluding the information listed below. Whenever the cost of
the proposed operation does not exceed $100.00, the plans
and specifications need not be prepared by a licensed prac-
titioner:
(1) Name and address of owner of record of the affected
property, and of applicant if other than owner, lo-
cation and dimensions of all boundary lines, names
of the owners of record of adjoining properties and
of properties directly across any road, graphic scale,
north arrow and date.
(2) Existing contour data for the entire property with
a vertical interval of no more than ten feet, and
contour data at an interval of no more than one foot
for all areas to be disturbed by the proposed opera-
tion, extending for a distance of at least 50 feet
beyond the limits of such areas. Indicated eleva-
tions shall be based on an established datum which
specify the relationship to sea level.
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(3) Specification of the extent of all areas to be disturbed,
the depth to which removal or deposition operations are pro-
posed, and the angle of repose of all slopes of deposited
materials and/or sides of channels or excavations resulting
from removal operations.
(4) An area map at a scale of one inch equals 200 feet showing
property lines and proposed changes in the location and ex-
tent of existing watercourses and wetland areas.
Section 5. Exceptions for Small Wetland Areas
This Ordinance shall not apply to wetlands as defined and designated
under Article three (III) which cover an area of less than one (1)
acre.
Section 6. Inspections
The permit applicant or his agent proceeding with approved operations
shall carry on his person or have readily available the approved
permit and show same to any agency or agent of the Township whenever
requested.
Operations conducted under such permits shall be open to Inspection
at any time by any agency or agent of the Township or State.
Section 7. Invalidated Permits
Subject to the procedures in Article four (IV), any decision re-
garding a permit application under this Ordinance shall be judi-
cially reviewable. In the event that, based upon proceedings and
decision of an appropriate court of the State, a taking is declared,
the Township may, within the time specified by such court, elect to:
A. Institute condemnation proceedings to acquire the applicants'
land in fee by purchase at fair market value; or
B. Approve a permit application with lesser restrictions or con-
ditions.
Section 8. Penalties and Enforcement
A. Any person found guilty of violating any of the provisions
of this ordinance shall be punished by a fine not to exceed
$100.00 or imprisonment not to exceed 90 days, or by both
such fine and imprisonment in the discretion of the court.
The commission, in addition to other remedies, may institute
any appropriate action or proceeding to prevent, abate or
restrain the violation. Each day's continuance of a viola-
tion shall be deemed a separate and distinct offense.
B. The grant or denial or a permit shall not have any effect on
any remedy of any person at law or in equity; Provided, that
where it is shown that there is a wrongful failure to comply
with this ordinance, there shall be a rebuttable presumption
that the obstruction was the proximate cause of the flooding
of the land of any person bringing suit.
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C. Any person violating the provisions of this Ordinance shall
become Liable to the Township for any expense or loss or
damage occasioned by the Township by reason of such viola-
tion.
Section 9. Existing or Prior Conditions
Any structures, dwelling, construction or other operations exist-
ing within a watercourse or wetland area, as shown on the Official
Maps prior to the effective date of this Ordinance shall be exempt
from this law and permitted to continue, provided that any struc-
.ture or use which does not conform to the provisions of this ordi-
nance or subsequent amendment may not be
A.
changed to another nonconforming use,
B. re-established after discontinuance for one year,
C. extended except in conformity with this ordinance, or
D. Rebuilt or repaired after damage exceeding 70 percent of the
fair sales value of the structure immediately prior to dam-
age.
All nonconforming uses of land shall be discontinued and all non-
conforming building or structures shall be torn down, altered or
otherwise made to conform within 25 years from the date of adop-
tion, of this ordinance.
Section 10. Other Regulations
This Ordinance does not obviate the necessity for the applicant to
obtain the assent or permit required by any other agency before
proceeding with operations under a permit approved under this Ordi-
nance. Obtaining such other permits as may be required is solely
the responsibility of the applicant, and no operations shall be
initiated by the applicant until such permits have been issued.
ARTICLE VII - EFFECTIVE DATE
This Ordinance shall take effect immediately.
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From standards for Soil Erosion
and Sediment Control in New
Jersey- New Jersey State Soil
APPENDIX JV-c Conservation Committee.
MODEL MUNICIPAL LAND DISTURBANCE ORDINANCE
TO CONTROL
SOIL EROSION AND SEDIMENTATION
An ordinance to establish regulations for controlling soil erosion and sedimen-
tation within the municipality of .
ARTICLE I
TITLE AND PURPOSE
A. TITLE
This ordinance shall be known as the " Municipal Soil
Erosion and Sediment Control Ordinance."
B. PURPOSE
The purpose of this ordinance is to control soil erosion and sediment damages
and related environmental damage by requiring adequate provisions for sur-
face water retention and drainage and for the protection of exposed soil
surfaces in order to promote the safety, public health, convenience and
general welfare of the community.
ARTICLE II
DEFINITIONS
A. RULES APPLYING TO TEXT
For the purpose of this ordinance certain rules of word usage apply to the
text as follows:
1. Words used in the present tense include the future tense: and the singu-
lar includes the plural, unless the context clearly indicates the contrary.
2. The term "shall" is always mandatory and not discretionary: the word "may"
is permissive.
3. The word or term not interpreted or defined by this article shall be used
with a meaning of common or standard utilization.
B. DEFINITIONS
The following definitions shall apply in the interpretation and enforcement
of this ordinance, unless otherwise specifically stated:
1. Applicant- A person, partnership, corporation or public agency request-
ing permission to engage in land disturbance activity.
2. Critical Area- A sediment-producing highly erodible or severly eroded
area.
3. Excavation or Cut- Any act by which soil or rock is cut into, dug,
quarried, uncovered, removed, displaced or relocated.
4. Erosion - Detachment and movement of soil or rock fragments by water,
wind, ice and gravity.
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5. Erosion and Sediment Control Plan- A plan which fully indicates neces-
sary land treatment measures, including a schedule of the timing for
their installation, which will effectively minimize soil erosion and
sedimentation. Such measures shall be in accordance with standards as
adopted by the State Soil Conservation Committee.
6. Farm Conservation Plan- A plan which provides for use of land, within
its capabilities and treatment, within practical limits, according to
chosen use to prevent further deterioration of soil and water resourses.
7- Land- Any ground, soil, or earth including marshes, swamps drainageways
and areas not permanently covered by water within the municipality.
8. Land Disturbance- Any activity involving the clearing, grading, trans-
porting, filling and any other activity which causes land to. be ex-
posed to the danger of erosion.
9. Permit- A certificate issued to perform work under this ordinance.
10. Mulching- The application of plant residue or other suitable materials
to the land surface to conserve moisture, hold soil in place, and aid
in establishing plant cover.
11. Sediment- Solid material, both mineral and organic, that is in suspen-
sion, is being transported, or has been moved from its site of origin
by air, water or gravity as a product of erosion.
12. Sediment Basin- A barrier or dam built at suitable locations to retain
rock, sand, gravel, silt or other material.
13. Soil- All unconsolidated mineral and organic material of any origin.
14. Soil Conservation District- A governmental subdivision of this State,
which encompasses this municipality, organized in accordance with the
provisions of Chapter 24, Title 4, N.J.R.S.
15. Site- Any plot, parcel or parcels of land.
16. State Soil Conservation Committee- An agency of the State established
in accordance with the provisions of Chapter 24, Title 4, N.J.R.S.
17. Stripping- Any activity which significantly disturbs vegetated or other-
wise stabilized soil surface including clearing and grubbing operations.
ARTICLE III
PROCEDURE
A. REGULATION
No land area shall be disturbed by any person, partnership, corporation,
municipal corporation or other public agency within this municipality
unless; the applicant has submitted to the building inspector a plan to
provide for soil erosion and sediment control for such land areas in ac-
cordance with the Standards for Erosion and Sediment Control adopted by
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the New Jersey State Soil Conservation Committee and administered by
the Soil Conservation District and such plan
has been approved; and a valid land disturbance permit has been issued
by the building inspector except as exempted by ARTICLE V.
B. DATA REQUIRED
The applicant must submit a separate soil erosion and sediment control plan
for each noncontiguous site. The applicant may consult with the
Soil Conservation District in the selection of appropriate ero-
sion and sediment control measures and the development of the plan. Such
plan shall contain:
1. Location and description of existing natural and man-made features on
and surrounding the site including general topography and soil charac-
teristics and a copy of the soil conservation district soil survey
(where available).
2. Location and description of proposed changes to the site.
3. Measures for soil erosion and sediment control which must meet or exceed
STANDARDS FOR SOIL EROSION AND SEDIMENT CONTROL adopted by the State Soil
Conservation Committee. STANDARDS shall be on file at the offices of the
local soil conservation district and the township clerk.
4. A schedule of the sequence of installation of planned erosion and sedi-
ment control measures as related to the progress of the project includ-
ing anticipated starting and completion dates.
5. All proposed revisions of data required shall be submitted for approval.
C. REVIEW AND APPROVAL
Soil erosion and sediment control plans shall be reviewed by the municipal
engineer (or other designated official) and approved when in conformance
with the Standards for Erosion and Sediment Control.
The municipal engineer may seek the assistance of the soil
conservation district in the review of such plans and may deem as approved
those plans which have been reviewed and determined adequate by the said
district.
ARTICLE IV
PRINCIPLES AND REQUIREMENTS
A. GENERAL DESIGN PRINCIPLES
Control measures shall apply to all aspects of the proposed land disturb-
ance and shall be in operation during all stages of the disturbance acti-
vity. The following principles shall apply to the soil erosion and sedi-
ment control plan.
1. Stripping of vegetation, grading or other soil disturbance shall be
done in a manner which will minimize soil erosion.
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2. Whenever feasible, natural vegetation shall be retained and protected.
3. The extent of the disturbed area and the duration of its exposure shall
be kept within practical limits.
4. Either temporary seeding, mulching or other suitable stabilization mea-
sure shall be used to protect expose critical areas during construction
or other land disturbance.
5. Drainage provisions shall accommodate increased runoff, resulting from
modified soil and surface conditions, during and after development or
disturbance. Such provisions shall be in addition to all existing re-
quirements .
6. Water runoff shall be minimized and retained on site wherever possible
to facilitate ground water recharge.
7. Sediment shall be retained on site.
8. Diversions, sediment basins, and similar required structures shall be
installed prior to any on-site grading or disturbance.
B. MAINTENANCE
All necessary soil erosion and sediment control measures installed under
this ordinance, shall be adequately maintained for one year after comple-
tion of the approved plan or until such measures are permanently stabilized
as determined by the municipal engineer. The municipal engineer shall give
the applicant upon request a certificate indicating the date on which the
measures called for in the approved plans were completed.
C. MAINTENANCE BONDS (As required by local conditions)
D. FEES (As required by local conditions)
E. PENALTIES FOR VIOLATIONS (As required by local conditions)
1. Monetary
2. Stop orders
3. Injunctive relief
ARTICLE V
EXEMPTIONS
The following activities are specifically exempt from this ordinance:
1. Land disturbance associated with existing one and two family dwellings.
2. Use of land for gardening primarily for home consumption.
3. Agricultural use of lands when operated in accordance with a farm conser-
vation plan approved by the local soil conservation .district or when it
is determined by the local soil conservation district that such use will
not cause excessive erosion and sedimentation.
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ARTICLE VI
INSPECTION AND ENFORCEMENT
The requirements of this ordinance shall be enforced by the municipal engineer
who shall also inspect or require adequate inspection of the work. If the
municipal engineer finds existing conditions not as stated in the applicant's
erosion and sediment control plan he may refuse to approve further work and
may require necessary erosion and sediment control measures to be promptly
installed and may seek other penalties as provided in ARTICLE IV E.
ARTICLE VII
APPEALS
Appeals from decisions under this ordinance may be made to the municipal govern-
ing body in writing within ten days from the date of such decision. The appel-
lant shall be entitled to a hearing before the municipal governing body within
thirty days from date of appeal.
ARTICLE VIII
VALIDITY AND SEVERABILITY
If any part of this ordinance is found not valid, the remainder of this ordinance
shall remain in effect.
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MODEL SOIL EROSION AND SEDIMENT CONTROL ORDINANCE
TO AMEND MUNICIPAL SUBDIVISION AND ZONING ORDINANCES
An ordinance to amend municipal subdivision and land use ordinances and establish
regulations for controlling soil erosion and sedimentation within the municipal-
ity of .
ARTICLE I
TITLE AND PURPOSE
A. TITLE
This ordinance shall be known as the "
Municipal Soil Erosion and Sediment Control Ordinance."
B. PURPOSE
The purpose of this ordinance is to control soil erosion and sediment damages
and related environmental damage by requiring adequate provisions for surface
water retention, and drainage and for the protection of exposed soil surfaces
in order to promote the safety, public health, convenience and general wel-
fare of the community.
ARTICLE II
DEFINITIONS
A. RULES APPLYING TO TEXT
For the purpose of this ordinance certain rules of word usage apply to the
text as follows:
1. Words used in the present tense include the future tense; and the
singular includes the plural, unless the context clearly indicates
the contrary.
2. The term "shall" is always mandatory and not discretionary; the word
"may" is permissive.
3. The word or term not interpreted or defined by this article shall be
used with a mean-ing of common or standard utilization.
B. DEFINITIONS
The following definitions shall apply ±n the interpretation and enforce-
ment of this ordinance, unless otherwise specifically stated:
1. Applicant - A person, partnership, corporation or public agency re-
questing permission to engage in land disturbance activity.
2. Critical Area - A sediment-producing highly erodible or severly
eroded area.
3. Excavation or Cut - Any act by which soil or rock is cut into, dug,
quarried, uncovered, removed, displaced or relocated.
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4. Erosion - Detachment and movement of soil or rock fragments by water,
wind, ice and gravity.
5. Farm Conserva tion Plan - A plan which provides for use of land, within
its capabilities and treatment, within practical limits, according to
chosen use to prevent further deterioration of soil and water resources.
6. Land - Any ground, soil, or earth including marshes, swamps, drainage-
ways and areas not permanently covered by water within the municipality.
7. Land Disturbance - Any activity involving the clearing, grading, trans-
porting filling and any other activity which causes land to be exposed
to the danger of erosion.
8. Permit - A certificate issued to perform work under this ordinance.
9. Mulching - The application of plan residue or other suitable materials
to the land surface to conserve moisture, hold soil in place, and aid
in establishing plant cover.
10. Sediment Basin - A barrier or dam built at suitable locations to retain
rock, sand, gravel, silt or other material.
11. Sediment - Solid material, both mineral and organic, that is in suspen-
sion, is being transported, or has been moved from its site of origin
by air, water or gravity as a product of erosion.
12. Erosion and Sediment Control Plan - A Plan which fully indicates neces-
sary land treatment measures, including a schedule of the timing for
their installation, which will effectively minimize soil erosion and
sedimentation. Such measures shall be equivalent to or exceed standards
adopted by the New Jersey State Soil Conservation Committee and adminis-
tered by the Soil Conservation
District.
13. Soil - All unconsolidated mineral and organic material of any origin.
14. Soil Conservation District - A governmental subdivision of this State,
which encompasses this municipality, organized in accordance with the
provisions of Chapter 24, Title 4, N.J.R0S.
15. Site - Any plot, parcel or parcels of land.
16. Stripping - Any activity which significantly disturbs vegetated or. other-
wise stabilized soil surface including clearing and grubbing operations.
ARTICLE III
PROCEDURE
A. REGULATION
No site plan or preliminary plan submitted to the planning board pursuant to
the subdivision or land use ordinance of (municipality)
shall be granted approval unless it includes a soil erosion and sediment con-
trol plan developed in accordance with the Standards for Soil Erosion and
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Sediment Control adopted by the New Jersey State Soil Conservation Committee
and administered by the Soil Conservation District.
The applicant may consult with the soil conservation
district in the development of the plan and the selection of appropriate
erosion and sediment control measures. The applicant shall bear the final
responsibility for the installation and construction of all requir ed soil
erosion and sediment control measures according to the provisions of this
ordinance except as exempted by ARTICLE V.
B. DATA REQUIRED
The applicant must submit to the planning board a separate soil erosion aid
sediment control plan for each subdivision, site plan review, special excep-
tion, zoning variance or planned unit development application. Such plan
shall contain:
1. Location and description of existing natural and man-made features on
and surrounding the site including general topography and soil charac-
teristics and a copy of the soil conservation district soil survey
where available.
2. Location and description of proposed changes to the site.
3. Measures for soil erosion and sediment control which shall be equivalent
to or exceed STANDARDS FOR SOIL EROSION AND SEDIMENT CONTROL adopted by
the New Jersey State Soil Conservation Committee and administered by the
Soil Conservation District. Such STANDARDS shall
be on file at the offices of the soil conservation district and the
municipal clerk.
4. A schedule of the sequence of installation of planned erosion and sedi-
ment control meausres as related to the progress of the project includ-
ing anticipated starting and completion dates.
5. All proposed revisions of data required shall be submitted for approval.
C. REVIEW AND APPROVAL
Erosion and sediment control plans shall be reviewed by the planning board
and approved when in conformance with the Standards for Erosion and Sediment
Control. The board may seek the assistance of the soil
conservation district in the review of such plans and may deem as approved
those plans which have been reviewed and determined adequate by the
^ soil conservation district.
ARTICLE IV '
PRINCIPLES AND REQUIREMENTS
A. GENERAL DESIGN PRINCIPLES
Control measures shall apply to all aspects of the proposed site development
involving land disturbance and shall be in operation during all stages of
the disturbance activity. The following principles shall apply to the soil
erosion and sediment control plan.
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1. Stripping of vegetation, grading or other soil disturbance shall be done
in a manner which will minimize soil erosion.
2. Whenever feasible, natural vegetation shall be retained and protected.
3. The extent of the disturbed area and the duration of its exposure shall
be kept within practical limits.
4. Either temporary seeding, mulching or other suitable stabilization mea-
sure shall be used to protect exposed critical areas during construction
or other land disturbance.
5. Drainage provisions shall accommodate all increased runoff resulting from
modifications of soil and surface conditions during and after develop-
ment or disturbance. Such provisions shall be in addition to existing
requirements.
6. Water runoff shall be minimized and retained on site wherever possible
to facilitate ground water recharge.
7. Sediment shall be retained on site.
8. Diversions, sediment basins, and similar required structures shall be
installed prior to any on-site grading or disturbance.
B. MAINTENANCE
All necessary soil erosion and sediment control measures installed under this
ordinance, shall be adequately maintained for one year after completion of the
approved plan or until such measures are permanently stabilized as determined
by the building inspector. The building inspector shall give the applicant
upon request a certificate indicating the date on which the measures called
for in the approved plans were completed.
C. MAINTENANCE BONDS (As required by local conditions)
D. FEES (As required by local conditions)
E. PENALTIES FOR VIOLATIONS (As required by local conditions)
1. Monetary
2. Stop orders
3. Injunctive relief
ARTICLE V
EXEMPTIONS
The following activities are specifically exempt from this ordinance:
1. Minor subdivisions.
2. Site plans for development where the land will not be disturbed.
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3. Agricultural use of lands when operated in accordance with a farm
conservation plan approved by the local soil conservation district or
when it is determined by the local soil conservation district that
such use will not cause excessive erosion and sedimentation.
ARTICLE VI
INSPECTION AND ENFORCEMENT
The requirements of this ordinance shall be enforced by the municipal en-
gineer who shall also inspect or require adequate inspection of the work
carried out pursuant to site plan approval. If the municipal engineer finds
existing conditions not as stated in the applicant's erosion and sediment
control plan he may refuse to approve further work and may required neces-
sary erosion and sedimentation control measures to be promptly installed and
may seek other penalties as provided in ARTICLE IV E.
APPEALS
Appeals from decisions under this ordinance shall be made in the manner
prescribed by the ordinance which it amends.
ARTICLE VIII
VALIDITY AND SEVERABILITY
If any part of this ordinance is found not valid, the remainder of this
ordinance shall remain in effect.
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APPENDIX IV-d
(Quotes are from Snohomish County Shoreline
Management Master Program, June 1974)
. Figure 1 identifies the basic steps in the evaluation process,
which will be referred to in the following discussion.
Step 1: Application Received
The guidelines provide that "any development of which the total cost,
or fair market value, exceeds $1,000, or any development which materially
interferes with normal public use of the water or shorelines" requires a
permit from the local agency. While the legislation defines a few excep-
tions, virtually every proposal for more than one residential or any com-
mercial and industrial use will require a local permit.
Step 2: Shoreline of Statewide Significance?
Although streams are not contained in the act's list of shorelines
of statewide significance, they are covered under the remaining steps.
Step 3: Complies with Use Regulations for Environment? F-54
Figure 2 specifies the various uses appropriate to each district.
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Figure 1
Snohomish Management Master Program Evaluation Process
Yes
No
Complies with
SSS Policies
Yes
Apply for
Variance
No
v
Demonstrate
Hardship?
Deny
Permit
No
No
Step 1.
Application
Received
Step 2.
Shoreline of State
wide significance?
Step 3.
No
Complies with
Use Regulations
For Environment?
Step 4.
Yes
Complies with
Environment Policies?
5.
No
Yes
Compatible with
Shoreline Use Policies?
Step 6.
No
Yes
Consistent with
Use Activity Policies?
:Yes
Issue
Permit
Yes
Conditional
Use
Compatible?
No
Deny
Permit
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Figure 2
USE ACTIVITY - SHORELINE ENVIRONMENT
COMPATIBILITY MATRIX
U3IC ACTIVITY
Agricultural Practices
Aquaculture
Archcologlcal Areas
and Historic Sites
Breakwaters
Bulkheads
Commercial Development
Dredging
Forest Management
Practices
Jetties and Groins
Landfill and Solid
Waste Disposal
Marinas
Mining
Piers
Ports and Water
Related Industry
Recreation
Residential Development
Roads and Railroads
Shoreline Stabilization
and Flood Protection
Signs
Utilities
URBAN
•0
0
*
0
0
0
0
A
0
*
0
0
0
0
0
0
0
0
0
0
SUnURBA
0
0
<
0
0
*
0
A
0
*
A
X
0
X
0
0
ft
0
0
0
RURAL
0
0
«
0
0
*
0
0
0
»
0
0
0
Ax
0
0
X
0
0
0
CONSERVANC\
0
0
*
*
*
ft
*
0
ft
ft
ft
ft
ft
ax
0
«
. »
A
0
0
NATURAL
0
A
«
X
X
X
X
*
X
X
X
X
ft
X
0
X
X
A
ft
ft
0 Use permitted in the environment subject to regulatory controls
X Use prohibited in the environment
A Use permitted as a Conditional Use in the environment
* See regulations for special circumstances
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Within each district there are general regulations which apply to
the permitted use, and specific standards which apply to the individual per-
mitted use within that area. For example, the general regulations for resi-
dential uses are as follows:
REGULATIONS
General
1. Residential development over water shall be prohibited.
2. Applications for development of subdivisions shall include
the following information (at a minimum):
a. Detailed statement (graphic and textual) of proposed
erosion control plans to be utilized both during and
after construction;
b. Detailed statement (graphic and textual) of any proposed
alterations to the natural character of the shoreline;
c. Sewage disposal plans (to include statement from the
Snohomish Health District attesting to their acceptabil-
ity) ;
d. Storm drainage plans and provisions;
e. Provisions for lot owner access to the water body (where
appropriate;
f. Provisions for public access to the water body (where
appropriate);
3. Filling of, or into, water bodies to their associated wetlands
for the purpose of subdivision construction shall not be per-
mitted.
4. Placement of fill to assist in flood-proofing of residences shall
be allowed subject to appropriate' flood control regulations.
5. Subdivisions or multiple family developments shall not be approved
for which flood control, shoreline protection measures, or bulk-
heading will be required to protect residential lots. Conclusive
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evidence that such structures will be necessary for the
safety of the residents on all or part of the subdivision
or development shall be grounds for denial of all or part
of the application, respectively.
6. All utility lines shall be underground.
The specific regulations for residential use in a rural environment
are:
Rural Environment; Use Regulations: Residential
1. Residential subdivisions to include short plats, shall maintain
an overall density of less than one dwelling unit per acre of
land.
2. Multi-family dwellings shall be prohibited in the Rural Environ-
ment except when contained in a Planned Residential Development
approved pursuant to Chapter 18.38 of the Sno. Co. Zoning Code.
3. Residences shall maintain a 50-foot setback from the ordinary
high water mark in Rural Environment.
4. Alterations of topography and the land-water interface shall
be minimized. The need for such alteration shall be documented
in the permit application.
Step 4: Comply with Environment Policies?
Each district also has a set of environment policies which apply to
any kind of use within the district. The policies for a rural district are
as follows:
Management Policies; Rural Environment: Applicable to All Uses
1. Protect prime agricultural lands from incompatible and pre-
emptive patterns of development.
2. Restrict intensive development along undeveloped rural environ-
ment shorelines.
3. Permit opportunities for recreational uses compatible with
agricultural activities.
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4. Maintain existing and potential areas having a high capability
to support intensive agricultural uses for present and future
agricultural needs.
5. Require new developments in Rural Environments to reflect the
character of the surrounding area by limiting residential
density, providing permanent open space, and by maintaining
adequate building setbacks from the water to prevent shore-
line resources from being destroyed for other rural types of
uses.
6. Permit public and private recreation facilities which can be
located and designed to minimize conflicts with agricultural
activities. Examples of such facilities include linear water
access, trail systems and boat launching sites.
7. Encourage farm management practices which will minimize erosion
and the flow of waste material into water courses.
8. Restrict industrial and commercial development in the Rural
Environment.
9. Prohibit industrial, commercial (except farm produce sales) and
extensive residential development on prime agricultural lands.
10. Restrict the density of residential development in the Rural
Environment except in those limited areas which are suitable
for recreation home-oriented use.
11. Provide for sand, gravel and mineral extraction in suitable
areas which are not designated as prime agricultural land.
12. Allow beach enrichment projects when it can be shown that other
portions of the shoreline will not be adversely affected.
Step 5: Compatible with Shoreline Use Policies?
The following general development policies in shorelands are appli-
cable to all environmental districts:
Goal: Assure appropriate conservation and development of
Snohomish County's shorelines by allowing those uses
which are particularly dependent upon their location
on and use of shorelines, as well as other develop-
ment which provides an opportunity for substantial
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numbers of people to enjoy the shorelines. This must be
done in a manner which will achieve an orderly balance of
shoreline uses that do not unduly diminish the quality of
the environment.
Policies:
1. Permit only those uses or conditions which allow optional uses
for future generations, unless identified benefits clearly com-
pensate for the physical, social and/or economic loss to future
generations.
2. Assure that all uses and developments are as compatible as pos-
sible with the site, the surrounding area and the environment.
3. Provide site development performance standards and other ap-
propriate criteria to developers indicating minimum accept-
able standards to be achieved.
4. Identify all existing inappropriate uses and formulate a re-
location program, using a variety of incentives to accomplish
this objective.
5. Foster uses which protect the potential long-term benefits to
the public from compromise by short-term economic gain or con-
venience .
6. Encourage multiple use of shorelines where location and integra-
tion of compatible uses or activities is feasible.
7. Shoreline land and water areas which are particularly suited for
specific and appropriate uses should be reserved for such uses
whether they are existing or potential.
8. Prohibit uses not water surface nor shoreline dependent, which
permanently alter the shoreline, conflict with, or preempt
other shoreline dependent uses.
9. Allow uses, on a specified interim basis, which are not shore-
line related, if not permanent and if not requiring permanent
modifications of natural shorelines.
10. Implement a management system which will plan for and permit
all reasonable and appropriate uses by providing a system of
priorities. Those priorities will be established for each
designated environment using the following criteria:
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a. Protection and enhancement of natural areas or systems -
those identified as containing or having unique geological,
ecological or biological significance;
b. Water dependent uses - all uses that cannot exist in any
other location and are dependent on the water by reason
of the intrinsic nature of their operations;
c. Water related uses - those uses which do not depend on a
waterfront location to continue their operation, but whose
operation is facilitated economically by a shoreline loca-
tion.
d. Non-water related uses - those uses which do not need a
waterfront location to operate though they may need ease-
ments or utility corridors for access to the water;
e. Prohibited uses - those uses which have no relation to the
water and whose operation is intrinsically harmful to the
shoreline.
11. Initiate and support continuing biological, geological, ecological,
and economic studies of shoreline systems, which will provide a
continuously updated data base against which the impact of any
proposal relative to the Snohomish County Master Program can be
judged.
12. Require all developments to plan for and control runoff and when
necessary treat it before discharging from the site.
Step 6: Consistent with Use-Activity Policies?
Use-activity policies are described for each category of permitted use
in each environment district. Since they are general policies which require
judgmental and evaluative decisions, they are different from the specific
standards of regulations. Thus each permitted use is evaluated on the
basis of policies as well as specific regulatory standards. Following are the
use-activity policies for residential use, and a sample of the specific regu-
lations .
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RESIDENTIAL DEVELOPMENT
INTRODUCTION
The following policies and regulations are to be recognized in
the development of any subdivision on the shorelines of the
state. To the extent possible, planned unit developments (some-
times called cluster developments) should be encouraged within
the shoreline area. Within planned unit developments, substan-
tial portions of land are reserved as open space or recreational
areas for the joint use of the occupants of the development.
This land may be provided by allowing houses to be placed on lots
smaller than the legal minimum size for normal subdivisions, as
long as the total number of dwellings in the planned unit develop-
ment does not exceed the total allowable in a regular subdivision.
POLICIES
1. Encourage the use of the planned residential development con-
cept in all shoreline subdivisions.
2. Require that subdivisions be designed at a level of density,
site coverage, and occupancy compatible with the physical
capabilities of the shoreline and waterbody.
3. Require that subdivisions be designed so as to adequately pro-
tect the water, shoreline aesthetic characteristics, and vistas.
4. Encourage subdividers to provide public pedestrian access to
the shorelines within the subdivision.
5. Encourage subdividers to provide all residents within the sub-
division with adequate easily accessible and usable access to
the water when topographically feasible.
6. Prohibit residential development over water.
7. Require that residential developers submit a plan for approval
indicating how they intend to maintain shoreline stability and
control erosion, during and after construction.
8. Require that sewage disposal facilities, as well as water supply
facilities, be provided in accordance with appropriate State and
local health regulations. Storm drainage facilities must be
separate, not combined with sewage disposal systems.
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9. Require that adequate water supplies be available so that the
groundwater quality and quantity will not be endangered by
overpumping.
10. Do not allow residential development on shorelines which would
be dependent on future bulkheading or other shoreline forti-
fication for protection.
11. Floating homes or commercial floats are to be located at moorage
slips approved in accordance with the guidelines dealing with
marinas, piers, and docks. In planning for floating homes or
commercial enterprises, local governments should ensure that
waste disposal practices meet local and state health regula-
tions, that the units are not located over highly productive
fish food areas, and that the units are located and designed to
be compatible with the intent of the designated environments.
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SECTION V
AQUIFERS
A. Introduction
Most of us are concerned about the water quality of lakes, streams,
and rivers; when they become polluted or depleted, public outcry demands
action. Though this surface water is an important part of the hydrologic
cycle (discussed in Section IV), it is only part. Another equally critical
element in that cycle, and in our water resources, is groundwater—water
which occurs beneath the surface. However, pollution and depletion of our
groundwater resources are not so visible to the public eye. As a result of
their invisibility and the consequent lack of information and knowledge
about groundwater hydrology, the protection of our groundwater resources has
created little public concern or legislative activity until recently, with
the recent research, by EPA on the quality of public water supply and the
passage of the Safe Drinking Water Act in December, 1974, there has been a
significant increase in the attention paid to our underground water supplies.
As Figure V-l shows, groundwater is contained in underground forma-
tions called aquifers, which may be composed of consolidated rocks such as
limestone and basalt or unconsolidated gravels and sands. This stored water
in aquifers is released to the surface through wells and springs or by seep-
age into lakes, rivers, and wetlands. Just as groundwater ultimately returns
to the surface, it is also replenished from the surface. Water from streams
and lakes seeps down into an aquifer and, where an aquifer or a transmitting
formation is exposed to the surface, precipitation percolates directly into
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Figure V-l
An aquifer
Topsoil layer
Recharge from
precipitation
Shallow aquifer
the aquifer. Consequently, the groundwater reservoirs moderate surface flow;
they absorb water during rains or periods of high flow and then gradually re-
lease it during periods of low flow.
Although groundwater is directly related to surface water, it is also
an important resource in its own right. More than 50 per cent of the popula-
tion is dependent upon this resource for its drinking water. Vast agricul-
tural enterprises utilize groundwater for irrigation. Commercial and indus-
trial processes are similarly dependent. In total, groundwater accounts for
more than 300 billion gallons of water per day for a host of users. Yet in
order to meet the needs of the users, the water must be available on location
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at a certain quality and quantity. To insure availability, groundwater
should be treated as a limited and sensitive renewable resource.
On a national scale the supply of groundwater far outruns current
demand, but there are severe shortages at the local and regional level.
In arid sections of Arizona and Southern California, there is a growing
problem" of groundwater depletion caused in large part by the increased de-
mands of population and economic growth. In turn, the depletion leads to
huge water diversion projects in which water is diverted from sources far
outside of the depleted area. In other cases, population growth and
economic development are joined by natural phenomena such as drought to
decrease groundwater supplies. This has been the case in Long Island and
parts of Florida. Consequently, as with other renewable resources, ground-
water needs to be conserved—used wisely—in order to insure continued
availability.
Groundwater differs in some important ways from other renewable
resources. Unlike agricultural or forested areas, there are few private
incentives to foster the conservation of groundwater. Farmers and loggers
have a direct economic incentive to maintain their renewable resource so
that the private market operates to insure protection. Groundwater, on the
other hand, is essentially a public good with few private economic incentives
for its preservation. Each user acts as if the groundwater were entirely
his, as if his actions had no bearing on the future of the resource. When
all groundwater users act in this fashion, the resource is quickly degraded
or depleted or both. Thus, the role for local agencies is to establish an
incentive for the protection of this renewable resource.
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At all levels of government, the legislation protecting groundwater
has tended to be piecemeal. It often addresses significant causes of ground-
water problems such as mine wastes, septic system effluents, well injection
of liquid wastes, and the location of landfill sites, but little legislation
addresses the question of groundwater protection directly. Until the passage
of the Safe Drinking Water Act last December, the federal act that came clos-
est to answering this need is Section 208 of the Federal Water Pollution Con-
trol Act Amendments of 1972. With its direct reference to problems of aquifer
contamination, its intention is clearly to preserve these resources. The Safe
Drinking Water Act imposes immediate restrictions on well injections of wastes
and mandates the Environmental Protection Agency to research methods of pro-
tecting underground water sources.
In preparing this report,, we found considerable interest in ground-
water protection and specifically aquifer protection, but most of the work is
still at the beginning stages of defining the problem and is not yet to the
actual implementation stage. A few communities have implemented programs and
these are described in this section.
B. Groundwater Hydrology and the Public Purpose
Most of us seldom think about aquifers and the process of groundwater
hydrology, but the pollution or depletion of local groundwater resources can
make a community instantly aware of the importance of this resource. How im-
portant are aquifers to the public purpose?
1. Aquifers are natural reservoirs for groundwater used for drinking
and irrigation. Though some communities depend upon surface water supplies
in lakes and streams for drinking and irrigation, many others depend upon
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wells drilled into aquifers for part or all of their water. Most rural
areas depend upon groundwater, and the states of California, Arizona, Texas,
Arkansas, and Louisiana pump one-half of all the water taken from wells
in the country. These and similar areas must protect groundwater so that
the quantity of water entering the aquifer meets their needs.
2. Aquifers are natural filters for groundwater used for drinking
and related purposes. Percolation of precipitation through the soil and
overlying formations filters many impurities, and as groundwater moves
through the water-bearing formations of aquifers, it is further filtered.
But this filtering property of aquifers is not absolute. Leaking septic
tanks and sewage lines, unsealed landfill sites, and sewage and solid waste
disposal sites can allow pollutants to pass directly into groundwater re-
serves where the water table is near the surface, the soil mantle is very
thin, or the aquifer very permeable. In these cases concern must be directed
toward the qualtiy of water entering the aquifer.
3. Aquifers are interconnected with surface water systems in lakes,
streams, and wetlands. Some aquifers depend for part or all of their re-
charge upon seepage from lakes and streams. Likewise, some streams and ponds,
and many wetlands, depend upon flow from aquifer-fed springs or seeps for
supplementary water during dry periods. Thus pollution or depletion of sur-
face water may similarly affect groundwater reserves, and vice versa. Here
concern must be with both the quality and quantity of water entering and
leaving the groundwater reserve.
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Because of these three major functions—as a reservoir, as a filter,
and as part of the hydrologic cycle—aquifers are important public resources.
The following, more detailed discussion of groundwater hydrology will show
how aquifers serve the public interest.
1. Aquifers as Natural Groundwater Reservoirs
An aquifer stores, dispenses, and transmits water. The amount of .
water an aquifer can hold and the rate at which it can yield and conduct
groundwater depend upon two properties of the material that composes it—
porosity and permeability.
Porosity is the amount of open space between the rocks, sands, gravels,
and other materials composing the aquifer. The size of the particles and of
the spaces between them is not the important factor in determining porosity;
rather it is the percentage of open space between the particles. For in-
stance, fractures and joints in dense consolidated rocks like limestone can
be as effective storage points for groundwater as the many small spaces be-
tween unconsolidated sand and gravel particles. Other dense rocks such as
quartzite and granite with fewer fractures are virtually nonporous. More-
over, the more uniform the particles are in shape and size, the greater the
porosity. For example, a box of ping-pong balls or light bulbs has a
greater percentage of open space than a box filled with both ping-pong balls
and light bulbs. Thus a mixture of sand and gravel may not be as porous as
a formation of pure sand or gravel.
Though porosity is an important factor in determining permeability
or the ability of materials to transmit fluids, highly porous materials are
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not necessarily highly permeable. In order to be permeable, a formation
must not only have many open spaces between the particles composing it,
those spaces must also be connected and sufficiently large to over-
come the molecular attraction between water molecules and the particles
themselves. Pouring water upon a clay surface and a sand surface demon-
strates permeability. On the clay surface most of the water will run off,
even though clays may have total porosities as high as 70 to 90 per cent.
However, those spaces may be so small and unconnected that water cannot
pass through them easily. The sandy surface, on the other hand, will ab-
sorb a large portion of the water, even though it has a much lower total
porosity then the clay, because there are larger and more connected spaces
between the sand particles.
The following table identifies the capacities of various consolidated
and unconsolidated materials for holding and transmitting groundwater, based
on their relative porosity and permeability.
a. Regional Differences in Aquifer Yield—these factors of porosity
and permeability are important in determining the suitability of a region's
groundwater resources for human use. Theoretically, there is groundwater
beneath all areas, but some types of aquifers are more productive than others.
Nearly all the groundwater pumped in the country comes from highly productive
gravels and sands. As shown in Figure V-2 these unconsolidated deposits
are found along watercourses, in flood plains, and in buried or abandoned
river beds and valleys. Industrial areas in the Midwest and East depend upon
such deposits, as does the San Joaquin Valley groundwater reservoir—one of
the most productive aquifers in the country.
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Table V-l. AQUIFER CAPACITY AND POTENTIAL YIELD
Unconsolidated Materials Water Yield
coarse gravel
average to fine gravel
coarse sand
clay and silt
Consolidated Materials
sandstone
limestone
quartzite
granite
shale
high yield
moderate yield
moderate yield
poor yield
Water Yield
high yield
moderate to high yield
poor yield
poor yield
poor yield
Some unconsolidated materials such as clays, silt, and certain kinds
of glacial deposits are porous, but not highly permeable and are relatively
unproductive aquifers. Yet they are just below the surface of extensive
areas of the country and supply limited amounts of water to many wells in
rural areas.
Consolidated rocks, because of compaction and cementing materials
holding the particles together, are generally unporous. However, fractures
and joints increase porosity, and the property of some rocks, notably lime-
stones, to be dissolved by water, creates many openings in the rock. It is
in such soluble rocks that many of our well-known caverns, such as Mammoth
Cave in Kentucky and Carlsbad Caverns in New Mexico, are found. Similar
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p
vn
Ground-Water Areas
Narrow Aquifers
Related to River Valleys
Watercourses where ground mier can
be replenished by perennial streams
BunerJ valleys not now occupied by
TJ
H-
c
H
ft
• WATM INFORMATION CE.VTER ISC
-------
openings of varying size in limestone provide excellent groundwater reser-
voirs in central Tennessee, the Shenandoah Valley of Virginia and parts of
Georgia, Kentucky, Florida, New Mexico, and Missouri. Gypsum beds in west-
ern Oklahoma are also filled with groundwater in cavities dissolved by
water. Much of the groundwater in such soluble rocks is hard and alkaline,
due to the calcium carbonate dissolved from the rock.
Other consolidated, nonwatersoluble rocks are not so highly pro-
ductive aquifers. Basalt and some other volcanic rocks, which form plains
underlying many parts of the Western states, are as permeable as lime-
stone and produce many excellent wells. Sandstone and conglomerates are
the consolidated counterparts of sand and gravel. The cementing material
which holds these rocks together generally reduces porosity, and only
those sandstones which are poorly compacted make productive aquifers.
Crystalline and metamorphic rocks, formed by pressure or volcanic action,
occur in mountainous regions, or in areas where mountains once were. Though
they are very low in porosity, some are productive aquifers in humid areas
where the rock has weathered into many smaller sizes filled with cracks and
fractures.
Figure V-3 shows the occurrence of productive unconsolidated and
consolidated aquifers in the United States.
b. Productive Yield of Aquifers—In many parts of the country ground-
water is pumped out of these aquifers for use as drinking water or irrigation.
Yet there are natural limits upon the amount of water which may be extracted
from a given aquifer. Although many aquifers are replenished or recharged
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Ground-Water Areas
Major Aquifers
Unconsolrdaied and semiconsolidaied
^BHH aquifers
I J Consolidated aquileis
~]flolh unconsolidaieil and conso
[ . , 1 aquifers
I Underlain by aquileis lhai generally
I I will yield less than50gal'mm 10 wells
f- — " I ftvntl Cc"itrntio* fawuix*
_
h
-
U>
(O
-------
by seepage from adjacent underground formations, all aquifers depend,
whether directly or indirectly, upon the infiltration of surface water,either
from seepage from wetlands, lakes, and streams or the percolation of precipi-
tation, for recharging the groundwater supply. The amount of water which
enters the aquifer yearly, whether directly from percolation and surface
water seepage or indirectly from adjacent formations, determines the amount
of water that can be withdrawn annually without severely depleting the
reservoir. Thus perennial yield is determined by the average annual re-
charge. For example, some large aquifers in arid regions, particularly in
the Southwest hold vast quantities of groundwater which has accumulated over
a long time, but because very little water is added to the total reservoir
capacity each year, the perennial yield is much less than that of a smaller
aquifer with a higher recharge rate.
Annual average recharge is determined in large part by the climate
of an area—the amount of water available from annual precipitation. But
there are other factors as well. The soil must be permeable in order to
allow surface wate^j percolation into the aquifer, or there must be many
bodies of surface water with permeable formations connecting them with
aquifers. Vegetation on slopes can aid in the process of aquifer recharge
by retarding runoff and allowing rain to percolate into the ground.
The yield of an aquifer to a well also depends on how rapidly water
can move through the material that composes the aquifer. A well that is
far away from a recharge area or a transmitting formation can yield water
only as fast as the water moves through the aquifer. This ability of* an
i
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of an aquifer to allow water to pass through its formation is dependent
upon the permeability and porosity of the composing material as well as
the slope of the aquifer underground. Thus for example, a highly porous
and permeable aquifer of basalt, with a medium slope in a humid area,
will be a productive source of groundwater.3
c. Depleting Aquifers—Failing to consider natural limits on re-
charge can result in the overuse and waste of the resource. Since the
perennial yield or amount of water that can be taken from an aquifer annu-
ally is dependent upon the amount of water recharged into that aquifer,
if more water is pumped out than is recharged, the level of the groundwater
reservoir begins to fall. This practice, called mining, is a serious prob-
lem in areas like the arid Southwest, where the small annual recharge is
greatly exceeded by water demands of communities and agriculture.
In areas where pumping exceeds aquifer recharge rates water conser-
vation is important. If the water withdrawn from the aquifer were purified
and then returned to the groundwater after it was used, the perennial yield
could be maintained and in some cases increased. Instead much of the water
withdrawn from the groundwater reservoir is sent down streams, creeks, and
rivers.
Mining can also cause the land surface to sink or subside. When
the water is withdrawn from the aquifer, water from surrounding clay or silt
layers is drawn into the more permeable aquifer, causing the clay to shrink
as it dries out. The clay shrinkage may be substantial enough to cause sub-
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sldence at the surface. In the San Joaquin and Sacramento Valleys of Cali-
fornia, for example, overpumping has caused the surface to sink by almost
14 feet.
d. Salt Water Intrusion—Although mining is generally associated
with depletion of groundwater reserves, it can also result in pollution of
aquifers.
Intrusion of salt water into aquifers is a significant pollution
problem in coastal areas, especially in the aquifers of the coastal plain
in the Gulf and Atlantic states. Here, where fresh groundwater aquifers
are adjacent to saline groundwater, overpumping or mining of the "freshwater
results in intrusion of the salt water. When the freshwater reservoir is
lowered, its natural flow towards the salt water (which acts as a barrier
to salt water intrusion) is decreased or reversed, resulting in saline
pollution of the freshwater well. (See figure V-4.) In such cases formerly
productive wells must be abandoned until the freshwater reservoir is ade-
quately replenished and reestablishes the natural boundary between fresh and
salt water.
Saline pollution also occurs in areas where heavy irrigation demands
for water decreases surface water reserves, thereby concentrating the amount
of salts. Recycling of irrigation water by returning it to the aquifer for
further use also concentrates salts in the groundwater as a result of re-
peated evaporation and circulation of the same water. As a result, formerly
freshwater aquifers reach unusable levels of salinity.
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Figure V-4
Salt water Intrusion
Original water
table and natural
seaward (low of
Iresh water
Water table
after pumping
and landward
flow of sea water
e. Effects of Impervious Surfaces—In addition to overuse and waste
of groundwater resources, human activities can also impede the process of
groundwater recharge. Although many aquifers are recharged indirectly over
a large area of land, from.streams or subterranean waters, an aquifer may
receive a substantial portion of its water from a relatively identifiable
recharge area. Development upon such a recharge area and accompanying
coverage with impervious surfaces will impair recharge to the underlying
aquifer by physically sealing the recharge area to percolation, thereby
decreasing recharge as well as increasing surface runoff.
Our groundwater resources are abundant sources of water for commun-
ity and agricultural needs, but they are not endless. Overuse of them can
result in many problems. In determining the amount of water that can be
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safely taken out of a given aquifer, we must be guided by the amount of
water that is replaced, as well as the aquifer's ability to yield its
stored water.^
2. Aquifers as Natural Pilters for Groundwater
In the process of aquifer recharge , whether directly from the surface
or indirectly through surrounding formations, some degree of purification
occurs. Silt-laden runoff or organically rich effluents from septic tanks
are filtered by the soil mantle through which the water percolates. Dif-
ferent soil types have different filtering properties; a coarse gravel will
allow water to pass through rapidly and relatively unchanged, whereas a
clayey soil slows the flow and filters out some contaminants. Of course a
thick layer of any type of soil has a greater filtering capacity than a thin
layer of the same material. However, even the most effective filtering
action of the soil will not remove all contaminants. Salts, petroleum pro-
ducts, and other dissolved chemicals can pass relatively intact into an
aquifer even after percolating through soil and transmitting formations.
The aquifer itself, depending on its composition, also acts as a
partial filter to water passing through it. All aquifers can partially
dispel pollutants and impurities by diluting them, but relatively permeable
aquifers composed of small particles do additional filtering. As the ground-
water moves slowly through such formations, usually at the rate of several
inches to a few feet per day, impurities settle out into the transmitting
material. However, highly permeable aquifers, through which groundwater
moves as much as 100 feet per day, will do little filtering.
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a. Susceptibility to Pollution—In general, however, the filtering
ability of most aquifers and the process by which they are recharged in-
sure that under natural conditions groundwater is relatively pure—espe-
cially in comparison with surface water supplies. Although there are aqui-
fers that naturally contain brackish, highly mineralized, or saline waters,
much groundwater can be pumped untreated from a well and used for human
consumption. Yet improper land use is a threat to these reserves of pure
water. Poorly planned waste disposal, urban runoff, heavy use of fertilizers,
and other land-use practices can allow tcocic chemicals, harmful bacteria, and
ocher damaging substances to enter the groundwater reservoir.
The most crucial factor in determining the susceptibility of the aqui-
fer to pollution from these sources is the location of the water table. The
water table is the upper surface of soils, bedrock, or other material satu-
rated by water. It is a variable line, fluctuating according to the quantity
of the groundwater and the permeability of the materials around it. It
generally follows the topography of the land, but it will fluctuate in its
depth below the surface due to subsurface formation or forces which can
change the underground flow. Since the water table rises and falls with pre-
cipitation patterns, it is generally higher in spring and fall and lower in
the drier summer and winter months. In some places during wet seasons, the
water table may lie on the surface of the ground in wet-weather ponds or
flooded fields, while in drier seasons, and in other areas, it will be many
feet beneath the surface.
The water table marks only the top line of groundwater, but it does
not necessarily mark the presence of an aquifer, which may be many hundred
feet beneath water-saturated soil. However, the water table does mark the
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occurrence of the water which eventually enters the aquifer. Thus an area
where the water table is just beneath the surface, or where there is only
a thin soil mantle, or where the soil is highly permeable, must be treated
with care in terms of pollutants.
b. Land Use and the Pollution of Groundwater Reserves—Looking at
the range of land-use activities that have traditionally caused problems of
groundwater pollution will give an idea of how important the connection be-
tween water table and aquifer purity can be:
—placing septic tanks or .cesspools below or near the water table
allows sewage effluent to enter the groundwater without adequate
filtration;
—leaks in sewer pipes connected to a centralized sewage system
will have the same result;
—agricultural activities such as cattle feedlots and intensive
fertilization add nutrients and chemicals to the groundwater—
especially where the water table is close to the surface or the
soil exceptionally permeable;
—poorly constructed storage tanks for chemicals and petroleum pro-
ducts, oil spills at airports or industrial sites, and petroleum
pipeline leaks can create similar hazards;
—excessive use of salt on highways can create saline pollution of
groundwater resources.
The effects of these various sources of organic and chemical pollutants
range from negligible to severe. In Nassau County, New York, a 180-square-
mile groundwater area has been polluted with nitrates from fertilizers and
septic systems. In the Nassau County town of Levittown, a relationship has
been established between "blue babies," or megamtarlon, a condition of in-
fants whose blood is deficient in oxygen-carrying hemoglobin, and nitrate
pollution of groundwater. On the other hand, the danger of these land uses
can be controlled. An example of this is sanitary landfill sites. They
were originally designed to decrease air pollution from burning garbage,
but they in turn can pose a hazard to groundwater resources. Rainwater per-
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colating down through the garbage produces a highly concentrated, toxic sub-
stance called leachates, which moves downward to the groundwater. (See Fig-
ure V-5.) If the landfill site has been placed in an area where the bottom
of the site is close to or actually touches the water table, then the poten-
tial drinking water mingles directly with wastes. Industrial wastes, such as
mining wastes, are sometimes disposed of in the same way, and the results can
be equally serious. This problem can be solved by either carefully sealing
the site to prevent leachates from entering the groundwater or locating the
site so that the leachates are at least partially filtered and diluted be-
fore they reach important groundwater resources.
Figure V-5
Groundwater contamination from waste disposal
and toxic material storage sites
Contamination
appears in
well water
Contamination
appears in surface
water
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The danger of pollution also depends on the type of aquifer. The
relative ability of the groundwater to replenish and flush itself determines
how crucial those potentially damaging land uses may be. If an aquifer
—the permeable groundwater-carrying formation—is enclosed between two
less permeable layers, it is likely to have a smaller area from which it
can obtain fresh water. These aquifer recharge areas occur where the con-
fined aquifer outcrops at the surface. This area may be extensive, but it
also may encompass only several acres. The Edwards Aquifer in Texas is
such a case, and the Texas Water Quality Board has decided that it is es-
sential to curtail the use of private septic systems within the recharge
area. This case is discussed in more detail later.
A final source of groundwater pollution is worth noting. That is
subterranean waste disposal. Some industries dispose of liquid wastes by
injecting them into the ground. Such deep-well injection is generally
designed to deposit the wastes in salty or otherwise unusuable aquifers.
However, construction or breaks in the wells have allowed toxic sub-
stances to pass into .freshwater aquifers. Of course, such deep-well in-
jection should not be allowed with highly permeable aquifers, such as cav-.
ernous limestones.
In order to insure the continued filtering functions of the process
of groundwater recharge, we must exercise care in land-use decisions, espe-
cially those involving the use, storage, and transportation of chemicals
and the disposal of wastes. Critical areas with high water tables, highly
porous soils, a thin soil mantle, or with aquifer recharge areas should be
identified and treated with special care.6
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3. Aquifers Are Part of the Hydrologic Cycle
In addition to providing ample supplies of pure water for many com-
munities, aquifers play an important part in the hydrologic cycle. Many
aquifers occur near lakes and streams with which they are hydrologically
interrelated. Many unconsolidated as well as consolidated aquifers depend
upon surface water infiltration from lakes and streams for part of their
recharge water. Aquifers can also provide important supplementary flow to
streams, lakes, and wetlands during dry periods.
The particular case of waterclogged soils in some of the valleys and
plains of the western mountains shows the relationship between surface and
groundwater. These areas are thinly underlaid by highly permeable sands
and gravels rich in groundwater resources, and abundant surface water in
the rivers fed by melting snow in the mountains provides most of the region's
water needs. The construction of large reservoirs to store the water from
the spring melt has produced an unexpected problem. The stored water has in-
filtrated into the groundwater causing severe waterlogging of the soils.
Other areas have discovered the relationship between surface and
groundwater through scarcity rather than unwanted abundance. In arid regions
of the country, such as in the Southwest, many streams and creeks depend upon
groundwater from aquifers for a large portion of their flow during dry seasons.
In southern California and Arizona mining has so depleted groundwater reserves
that some bodies of surface water have dried up or become polluted by the
overconcentration of salts because of the limited amount of water available.
Some areas of the Great Plains have similar problems where heavy demand for
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groundwater for irrigation has also depleted dependent streams. Less
dramatic is the drying up of seasonal wetlands and springs in areas where
heavy demand or increased ^pervious surfaces have lowered groundwater
reservoirs. Such occurrences can deprive a community of valuable wildlife
and recreational areas.
Just as depletion of groundwater reserves can be seen in the drying
up of some stream ana wetlands, the pollution of surface water can be seen
in the lowered auality of groundwater, and vice versa. Highly penneable
aguifers may seep polluted water into streams and cree.s, and poUuted river
water =„ percolate directly into aguifers, bypassing the filter of the soil
mantle or transmitting formations. (See Figure v-6.)
Figure V-6
Ground water contamination by polluted surface water
Original
water table
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Our concern and interest with the quality and quantity of water in
our lakes, streams , and wetlands must be supported by an equal concern with
the quality and quantity of our groundwater resources. Since ground and
surface water are part of the larger hydrologic cycle, protecting both
these resources is necessary if we are to keep our water supplies pure and
Q
abundant.°
C. Current Practice in the Regulation of Aquifers
Groundwater resources are similar to energy resources; the govern-
ment can either act to increase the supply or to curtail the consumption.
Although groundwater has generally been treated as an unlimited resource,
there is more experience in controlling consumption than guaranteeing the
supply. It is taken for granted that city water supplies and individual
wells will be checked by the health department; consequently > there is con-
stant monitoring of the quality of water consumed. In terms of quantity of
consumption, the history of local regulation is more spotted. Communities
are more likely to institute user charges by metering water consumption
than to use police powers. However, at times of shortages, it is common
for communities to directly regulate the consumption of water by restricting
uses such as watering lawns or car washing, or in areas where agriculture
"is dependent on irrigation, the counties and states regulate its use to pre-
vent inequitable distribution.
It is undoubtedly wise to consider the consumption of groundwater
resources even in noncrisis situations. A recent study of the wetlands of
Dane County, Wisconsin , found that while the metropolitan area was not run-
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ning out of water for its consumption, the increased urban use was causing
damage to the wetlands that fed the lakes of the area. The lowering of the
water table reduced the seepage into the wetlands , which in turn decreased
the quantity of clean water entering the lakes. Thus the area's urban con-
sumption of water was aggravating the problems of eutrophication in the
lakes. The report recommends an active water conservation program as part
of a general plan for maintaining the health of their wetlands.
Land-use controls can have some influence on water consumption chang-
ing the bias in our land-use controls for single-family detached housing with
front, side, and backyard requirements that have ordained bluegrass lawns
and discourage leaving native vegetation is one possibility. But the single
most effective technique for the consumption aspect of groundwater is build-
ing in economic incentives for the wise ase of water resources. This in-
cludes user charges from metering water or pumping taxes on individual wells.
The more appropriate area for the use of land-controls is on the. side
of renewing the resource—or on the side of supply instead of demand. A
pollution tax on water recharge is impossible, since there is no way of mea-
suring it; and while it might be possible to tax land in terms of the amount
of permeable or impermeable surface, it would require a significant change
in our taxing policies. On the other hand, much can be done by designing
land-use controls so that they are sensitive to problems of groundwater.
Any regulation which helps maintain natural drainage patterns or re-
duces the amount of rate of water running off the land helps guarantee
groundwater supplies. The regulations discussed in the proceeding chapter
which protect streams or control runoff are important regulations for ground-
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water protection. Likewise the wetland protection discussed in the succeed-
ing chapter can also benefit these supplies. But in addition, it is possi-
ble to design land-use controls for prime recharge areas. Much of this
work is still in the initial stages of proposal and testing, but a great
deal can be learned by reviewing some of the better studies and analyzing
the few ordinances now in operation.
1. Water Quality Losses at the Local Level
Often wetlands ordinances, stream protection ordinances, and flood
plain ordinances have the maintenance of aquifer recharge capacity as part
of their stated purpose. Under some conditions, protecting these surface
water systems may be adequate for maintaining groundwater supplies; however,
two situations may make these measures inadequate. First, surface water
systems may simply not be adequate for replacing groundwater—more water is
used from the aquifer than the streams and wetlands recharge. Second, sur-
face systems may be dependent on the groundwater for their own supplies
rather than the reverse. In these cases it is necessary to obtain recharge
through general surface percolation.
Such is the case of the Christina River Basin studied by the University
of Delaware Water Resources Center. The Delaware report examined two
aquifers and their associated recharge areas in relationship to the water yield
of the aquifers. This water yield is not only important because it provides
water to the Christina. River, but also because municipal water consumption in
the basin is expected to outrun the natural yields of the aquifers. Conse-
quently, from a public perspective, it was desirable to preserve ithe rela-
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tively inexpensive natural function of the recharge area of the two
principal aquifers.
The primary recharge areas for both the Potomac and the Piedmont aqui-
fers are relatively small, and the study identifies land-use alternatives
for these recharge areas which would maintain present water yield from
these aquifers. In order for the Potomac aquifer to produce its average
yield of 13 million gallons per day, the aquifer recharge area must reflect
one of the following land-use patterns:
1. "Allow development of 36 per cent of the recharge area (16.5
square miles) without conservation measures, but keep the re-
mainder (29.5 square miles) in open space" or
2. "Zone the whole area for low density residential or a special
zoning district . . . and make rezonings for more intensive use
conditional on construction of conservation measures, in pro-
portion to the increased runoff generation."
"Conservation measures" in the second alternative means such techniques
as artificially injecting water into the aquifer by wells or catch basins.
For the Piedmont aquifer the available unurbanized recharge area (1.7 square
miles) is insufficient to maintain required yield even if that recharge area
were entirely retained in open space. This aquifer would require both ac-
quisition and some additional conservation measures in order for it to con-
tinue supplying water.
The study used a cost-benefit analysis to estimate the relative merits
of aquifer protection and supplying municipal water through surface collec-
tion and purification. In this particular case, the value of the aquifer
water supply did not justify direct purchase of the primary recharge areas.
On the other hand, the \system of aquifer protection through either partial
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purchase of development rights or low-density zoning plus conservation
measures outweighed providing the water from an alternative source. The
savings to the communities using the water would be substantial enough
that they could afford to compensate the landholders and still come out
ahead.
The study did find that the runoff-recharge ratio increased more
rapidly than the percentage of land covered by impermeable surface. If
50 per cent of the land were covered substantially more than 50 per cent
of the precipation would run off the land. Consequently, the conservation
costs increased dramatically with increased development.
The Christina study is an excellent example of analyzing the alterna-
tives available to public officials. Defining the functions and values of
recharge areas relative to the water yield of the aquifers is a necessary
first step in evaluating land-use regulations tailored for these areas.
If recharge areas yield water of the quality and quantity necessary for
human consumption, then the public's interest is obvious. When the recharge
area is allowed to be developed as if it were just another piece of land,
the impact falls with considerable economic weight upon the dependent popu-
lation. While a later technological solution.might correct the damage, it
would be costly—at an ever-increasing rate. Thus, in the long run it pays
to retain the natural functions by designing land-use regulations which both
maintain recharge areas and allow some development.
Although the study does not design ordinances to regulate the Potomac
aquifer recharge area, it identifies the regulatory options: either zone
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64 per cent of the land as an open-space conservation area and allow the
development on the rest, or zone the entire area for low density with the
option of higher density if the developer provides conservation measures
to compensate for the loss of natural recharge. The second option has
the advantage of dividing the recharge responsibility equally among the
landowners. The first would not treat all the same, so it might be neces-
sary to compensate landowners who happen to fall into the open space area.
Likewise, the second option has the attractive feature of increasing the
owner's options with his land. Presumably if urban pressures continue to
increase, it would be profitable to build at higher density and absorb the
cost of providing some system of water conservation. Or new technology
may become available that would reduce the costs of conservation, in which
case it may become feasible to develop the land.
A variation of the low-density altenative has been implemented in
Southampton Township on Long Island. This popular resort area is experi-
encing intense development pressures, and its natural water supply is
limited almost entirely to the groundwater under the porous, sandy soils
of the area. The most densely developed community in the township, Hampton
Bays, has already experienced water shortages and has had to institute
some rationing. With this clear increase in demand for water, Suffolk County
studied the public water supply for the entire area and determined that the
most important recharge area for these communities is the glacial moraine
which runs down the middle of the island. Subsequently, the community's
master plan designated this area as a Water Catchment-Residence area,
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and this policy was implemented in the zoning ordinances as a Country
Residence Zone—CR-80 District. The statement of findings and purpose
for this district is found in the master plan:
Recognizing the critical nature of the community's fresh water
supply, it will be necessary to assure the continued recharge
of these ground waters by maximizing the amount of rain water
which will reach it. For this reason, the porous moraine soils
have been designated as Water Catchment-Residence area. The
overall population density of persons per acre will be the low-
est in the community. The total of these areas constitutes
approximately 17,000 acres. . . .
The isuitability of the Carver and Plymouth Soils association
found in the Ronkonkoma moraine for use as homesites, the accomo-
dation of sewage effluent from homesites and the establishment
and maintenance of lawns and landscaping is generally considered
to be poor according to the Soils Conservation Service. They
are rated as being severely limited for all three uses in areas
having slopes in excess of 15 per cent. More particularly, sew-
age effluent may be expected to penetrate to the primary ground-
water reservoir very rapidly due to the coarse texture of these
soils. Collectively, these soil and slope related problems fur-
ther sustain the premise that the moraine should not be committed
to development as intense as that proposed in other areas of the
community.
The ordinance itself specifies that there will be 80,000 square feet minimum
per lot and per dwelling unit with the maximum lot coverage for both main and
accessory buildings being 10 per cent. (See Table V-2 on page 136.)
The exact size of the lots (approximately two acres) and the coverage was de-
cided by calculating the land necessary for recharge and the maximum number
of septic systems the area could tolerate. The regulations limit impervious
cover to approximately 1,700 acres of the 17,000. The option of allowing
greater density or greater coverage with the provision of conservation mea-
sures was not considered because of the potential danger from more private
sewage facilities. The possibility of providing centralized sewage treat-
ment for the area was unlikely, and the recharge area could not support more
septic systems.
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Table V-2. Country Residence Districts-Dimensional Regulations
1. Lot Area^a' - minimum - square feet 80,000
- minimum per Dwelling Unit-sq. ft. 80,000
2. Lot Coverage - Maximum Lot coverage by Main and
Accessory Buildings - per cent 10
3. Lot Width - Minimum - feet 175
4. Height - Maximum
Stories 2-1/2
Feet 35
5. Yards - Principal Bui'lding - Minimum - feet
Front 80
. Side - minimum for one 30
Side - total for both on interior lot 75
Side - abutting side street on corner lot 80
Rear - 100
6. Yards - Accessory Buildings - Minimum - feet
Distance from street 90
Distance from side and rear lot line 30
Where public sewerage is not available, no lot shall be built upon
which has insufficient space for a private sanitary waste disposal sys-
tem, as determined by the Town and the Suffolk County Health Department.
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Southampton, however, did attempt to increase the landowners'
options in the zone by providing for transfer of development rights.
These landowners could sell their development rights to developers in other
areas of the township where greater density was allowed. Theoretically ,
with this system, even less of the area would be covered. The community,
however, has not been able to implement this system. The questions of
establishing what development rights can be sold, setting up a legal mecha-
nism for their transfer, and drawing up guidelines for how the development
transfer would effect other zoning districts have stalled any use of this
technique.
The moraine area at the present moment has limited accessibility and
is not under the intense development pressures of the ocean front; conse-
quently the zone has not come under serious challenge.
The Christina suggestions and the Southampton ordinance are designed
for the specific case of having a single important area of porous soils that
acts as a prime recharge area, and the goal is to maximize rainwater percola-
tion in this area. A very different style of ordinance was developed by
Volusia County, Florida, to fit a different situation. Volusia County
is dependent upon the Floridian aquifer for its water supply which in turn
is dependent upon rainfall for its recharge. It is a large aquifer covering
much of Florida, and at the present moment it is not being overpumped. How-
ever, with a continuation of the area's drought or heavy pumping by adjoining
counties this situation could change and cause serious problems with the
water supply and salt water intrusion into the aquifer. Studies done in the
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local area show that Volusia could protect its own portion of the aquifer
by maintaining the saucer shaped catch-basins between a series of old dune
ridges. This includes some 120 square miles of marshy land that during
high water periods is completely inundated with water. At the present moment,
the land is undeveloped and is used for some timber harvesting, and either
agricultural or urban development would require extensive ditching and fill-
ing. Up to 1973 there were no land-use controls for this area.
This land is now protected by the Volusia County Water Recharge
Ordinance. The stated purpose of this ordinance is "to protect the water
resources of Volusia County, [and to] prevent the development or use of the
land in the Potential Recharge Area in a manner tending to adversely affect
the quality of water. ..." The ordinance defines and maps the recharge
area, and then requires permits for virtually any change in land use includ-
ing construction, clearing, agriculture, demolition, refuse deposits, dredg-
ing or filling. The few exceptions are private recreation, agriculture
which requires no landfill or drainage, and previously existing uses.
Because of the nature of this land, a simple low-density zone would
not work. There are a few high areas that are buildable but they are not
evenly spread across the area. In contrast to Southampton's situation,
controls over impermeable surface are insufficient since alteration of the
natural drainage system is a greater danger than covering the few areas of
buildable land. Consequently, Volusia County has designed a much more com-
prehensive procedure by adapting the environmental impact statement to make
it a regulatory mechanism. In order to obtain a permit, an applicant must
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provide information similar to an environmental impact statement. He
must describe probable impact of the proposed action on the environment,
any adverse impacts which cannot be avoided, .~nd alternatives to the pro-
posed action. This information is used to evaluate the proposed develop-
ment by the Planning Department, Environmental Control Department, and
Public Works Commission. The evaluations are submitted to the Department
of Developmental Coordination and then to the County Council. The ordi-
nance then provides that "no permit shall be issued unless and until the
County Council has examined the application in light of the [environmental
impact criteria] and determined that the . . . development as proposed
would not have any adverse affect the environment of the Potential Water
Recharge Area . . . and would not have any adverse effect with regards to
the maintenance of the natural recharge." (The complete text is given at
the end of this section.)
The Volusia ordinance is designed for flexibility; it is not designed
to preclude development or use of the land, but instead to insure recharge
close to that under natural conditions. It shifts the responsibility of pro-
tecting the groundwater onto the developer by requiring him to show that his
specific development will not affect the quantity or quality of water enter-
ing the aquifer.
The ordinance is designed as an interim measure to protect the area
until the state's St. John's Water Management District is set up and develops
regulations for protecting the water supplies for the entire area. For this
purpose, it is well designed. It gives the county government the necessary
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handle to become involved in land-use decisions in the area—which it had
none before, and it sets up a negotiation process that does not preclude
the landowners from using the land. The attractive feature of the ordi-
nance is the way that it has adapted the environmental impact statement
into a regulatory mechanism. The environmental impact procedure provides
a preestablished mechanism that already has some refinement in methods
and structure, which in turn makes the initial implementation easier. If,
however, the ordinance is extended over a longer period of time, either to
complement the water district work or to continue to fill a gap in regula-
tion, then it may be necessary to establish more specific standards by which
the developers can operate. This would also help clarify the administra-
tive review process.
In contrast to Volusia, a study done for Bade County, Florida/ ap-
proached the same problems in terms of use specification.10 The natural con-
ditions are similar to those of Volusia and they need to control development
in the yet undeveloped portions of southern Dade County in order to insure
the water supply for both Miami and the Everglades National Park.
While the Volusia ordinance depends upon identifying only the prime
recharge area, this plan covers all the land in southern Dade County, and
designates primary and secondary land for groundwater recharge, with dif-
ferent types of zones for each. Urban development would be concentrated into
ridges of high ground that would not need dredging or filling and the rest of
the land would be divided between an intensive agriculture zone with a limit
density of one unit per acre, a recreation, agricultural zone with a limit of
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density of one unit to every five acres, and a recreational limited agri-
cultural zone with a limit density of one unit to every ten acres. This
would be supported with public service policies for supplying roads, schools,
and public utilities. The plan essentially depends upon controlling urban
expansion. This is a much more ambitious scheme, but it is also more diffi-
cult to implement; since 'it depends upon a comprehensive change in land-use.
practices.
2. Regulating Biological and Chemical Pollution
Although both the Southampton and the Volusia ordinances are concerned
primarily with maintaining the quantity of water available, they also deal
with the quality of the water. Part of the intent of the large-lot zone es-
tablished by Southampton is to minimize the impact of private septic systems
on the groundwater quality, and the Volusia ordinance requires the County
Council to consider the impact of development on water quality as well as
water quantity. But their prime focus is on maintaining sufficient recharge.
Under other conditions, a more appropriate focus may be the protection of
water quality. In situations where there are rock croppings or fractures
in the rocks, water quality can become the prime consideration , since surface
water moves directly into the aquifer with little filtration. Two communities
have attempted to deal directly with this form of groundwater degradation:
San Antonio, Texas , and Amherst, Massachusetts.
Over a million people in southwest Texas are dependent on the Edwards
aquifer foor their water supply including the city of San Antonio. The
aquifer is fed by large fractures, caverns, and other natural channels
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in the rock so that it is particularly sensitive to pollutants. Protec-
tion of the aquifer is complicated by the fact that the recharge area
sprawls across seven counties in the region. Consequently, the Texas
Water Quality Board has set up a special water district and designed special
regulations to protect the resource.
The regulations essentially operate like a county zoning ordinance
and at this point represent the most detailed specifications for protecting
groundwater from contamination. The order from the Texas Water Quality
Board maps the recharge areas in each county and then details special regu-
lations for these areas. The order:
—requires wherever feasible that effluents be transported away
from the recharge area. If this is not possible, then sewage
disposal systems must meet strict effluent standards. In
addition these facilities must be equipped with emergency
power facilities, spare parts, and remote monitoring systems
to protect against breakdown or malfunctioning . For regional
sewage collection systems, there is a similar set of require-
ments concerning their construction and maintenance;
—forces licensing and inspection of all new private sewage systems,
including septic systems, and registration of existing systems;
—bans feed lots, landfill disposal operations, pit privies, cess-
pools, and injection wells in the recharge area; and
—makes developers gain approval from the state board before new
subdivisions can go in over the recharge area. The Board may
require the developer to provide special facilities for sewage
disposal, to clean streets frequently with a "vacuum-type"
cleaner, to guarantee at least six inches of topsoil for lawns,
to restrict the use of lawn fertilizers, to provide special con-
struction of any facilities for the storage or transmission of
hydrocarbon products, and to provide a groundwater monitoring
system for the subdivision.
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As with any ordinance with elaborate specification requirements, there is
some concern that some of the requirements are too strict and others not
strict enough. At the present moment the Texas Water Quality Board is re-
fining these requirements. Even with state action, this regulation has
not been easy to implement; and the rural counties feel that they are re-
ceiving the brunt of the regulation, while San Antonio is doing most of the
polluting.
Amherst, Massachusetts, is attempting to institute similar regula-
tions on the local level. In Amherst, the well fields are in a valley wet-
land supplied with clean water from the shallow aquifer which immediately
surrounds it. While it is possible for the community to go to the next
township to find additional water, the difficulty of developing intergovern-
mental agreements on the use of the water has made it obvious that they
should also conserve the water resources within their own boundaries.
In part, preserving their water supply is a simple matter of preserv-
ing recharge areas from being sealed by buildings and roads. The prime re-
charge areas are characterized by deep sand and gravel, and these are also
prime development sites. The sand and gravel base make building cheaper by
reducing the costs of initial foundation construction and also lessening
the chance of damage from frost during the winter.
The more critical issue, however, has been pollution entering the
aquifer through these soils. As well as being good building sites, the
porous soils, with their rapid percolation, appear to be good soils for septic
systems, a'nd these private waste systems are potentially dangerous to the
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municipal water supply. In addition, this particular community has other
land-use problems that immediately threaten the water supply. The town's
present landfill site is located on top of one of the aquifer recharge
area; the general problem of leachates from the fill combined with the
dumping of chemical wastes and salt-laden road snow at the site threaten
one of the present wells with contamination. And finally there are a
number of gasoline and fuel oil storage facilities on the recharge areas
that pose a threat to the water supply either from leeking or normal spill-
age.
The town's selectmen have adopted a policy to protect the recharge
areas, but at the present moment are still considering specific regulatory
techniques. Their initial steps have been focused on the problems of con-
taminants. The system that has been recommended to them includes estab-
lishing a recharge zone which would limit and regulate activities that are
particularly dangerous to the recharge of water. The following are the
presently recommended restrictions on fuel storage:
7.401.3. Public Safety—Fire Department—Storage of Fuel in
Mapped Aquifer Recharge Areas.
The Board has expressed its concern for the protection of the
aquifer recharge areas and has adopted policy statement to in-
sure the protection of these areas, such statements having
been codified under Section VTII dealing with natural resources.
The Board hereby adopts the following specific statements to be
included within the general framework of Public Safety—Fire
Department as follows:
7.401.31. Within the aquifer recharge area the noncommercial
storage of fuel is allowed, either in above-ground or below-
ground storage in quantities of 550 gallons or less, to be in
compliance with all applicable town specifications.
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7.401.32. All fuel oil storage in excess of 550 gallons must
be stored underground in fiberglass tanks in compliance with
applicable town specifications and regardless of the provisions
of section 7.401.2 above.
7.401.33. All fuel oil storage in excess of 10,000 gallons per
site within the mapped aquifer recharge.area is prohibited.
7.401.34. The noncommercial storage of gasoline in quantities
of 500 gallons or less is allowed within the mapped aquifer re-
charge area, stored either above or below ground, in compliance
with applicable town specifications.
7.401.35. All gasoline storage either commercial or noncommer-
cial in excess of 500 gallons is prohibited within the mapped
aquifer recharge areas.
These recommendations are part of a series of recommendations for handling
the aquifer recharge problems. Most of the rest are provisions to deal
with the specific problem of the landfill site: not renewing the lease
of an auto parts company that uses the site for dumping hydrocarbons and
battery acid, providing a chemical waste tank at the fill site, dumping
the salted snow in the area where it would do the least damage, and setting
up a system of monitoring wells around the landfill in order to determine
pollution problems before they reached the city well field itself.
Many of these first recommendations are problem-solving in their
orientation; they are designed to try to minimize the present hazards.
While the aquifer recharge area is officially mapped, at this point it does
not constitute a typical zoning district with a list of prohibited and per-
mitted acts. Instead it is used to administer general ordinances as those
above.
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D- Developing a Local Regulatory Program
*
It makes sense for a community to have an active policy of main-
taining the stability of its groundwater reserve—both quantity and quality.
If communities use these resources for their water supply, there is an obvi-
ous self-interest,since the alternative supplies are likely to be more costly.
But beyond this the policy is important since the groundwater supplies are
so intimately connected with other natural systems, such as wetlands, lakes,
and streams, that keeping the system as balanced as possible reduces both
the dangers of flooding or droughts.
Groundwater, however, is a bewildering resource to regulate. Since
both its boundaries and its functions are less obvious than other natural
resources, it is more difficult to build general public support for its
regulation. A landowner will know if he has a wetland on his land, but
he is unlikely to know if he owns land that is a primary recharge area.
Likewise, groundwater resources seem particularly plagued by problems of
jurisdictional boundaries. At best it will be a county government protect-
ing the interests of municipalities within its boundaries ; but, as with the
Christina study, the critical recharge areas may not only be several counties
away, it may be in another state. These jurisdictional problems are further
complicated by the structure of local government. The concern for ground-
water is split among numerous departments from the engineering department,
the health department, the water commissiqn, and on and on. All of these
considerations make the political feasibility of regulation more question-
able.
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It is in part because of this political sensitivity that the commu-
nities which have attempted to institute regulatory programs have started
with detailed technical studies. It is necessary to know the type of
aquifer and the particular hazards to it, to map its primary recharge area
and know the amount and rate of infiltration necessary to maintain its
water yield, before one can begin regulating. This information will deter-
mine the style of local regulation. If the groundwater is recharged primar-
ily through surface water areas such as streams and wetlands, then it is
best to protect those areas; if the recharge area is small, then acquisition
may be appropriate; if it comes from a relatively large area of porous soils,
then low-density development would be the strategy. Much of the technical
information may already be available through the work of the Soil Conserva-
tion Service or the United States Geological Survey, but it needs to be in-
terpreted in terms of possible protection strategies.
A prime question the study should address is the extent that the
groundwater can be protected in the immediate area,because it is here that
action can proceed quickest. In many cases significant action can be
taken , particularly at the county or township level. In the case of
Amherst and Southampton,enough of the recharge area is within their juris-
diction that it is possible to implement programs at the local level.
Amherst does not expect that its local well fields will support all of its
future population, but clearly that preserving those eight million gallons
a day reduces the problems of obtaining water from other jurisdictions.
The interjurisdictional problems on the pumping end can be as complicated
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as conserving aquifer recharge. In the case of Volusia County, their
groundwater is part of the much larger system of the Ploridian aquifer,
but preserving the recharge in the immediate area can maintain that sec-
tion of the aquifer. Not all communities are that lucky, however; both
the Christina and the Edwards conditions require some type of governmental
arrangement. Still a community is in a better bargaining position if its
own house is in order.
Another important part of this initial technical work is the actual
mapping. The process of establishing a zoning district is a more precise
type of mapping than hydrological maps. In the first case it is a matter
of either falling inside or outside the district while in the second case
it is drawing a line that generally indicates the gradient from one soil
type to another. One possible solution to this problem is to use the system
sometimes used by floodplaih zoning. Drawing the known flood zone and then
a second buffer zone around this. The regulatory requirements for the buffer
area are less restrictive than in the flood plain itself, but more restric-
tive than in the areas further away from the flood plain. This double map-
ping more accurately reflects the natural conditions than a single line,
but on the other hand it makes the ordinance structure more complicated.
The other possibility is to draw the line in terms of best available infor-
mation, and establish a 'system by which the map can be amended through field
tests when there is a question about a .particular site.
A final important part of this initial work has to be to determine
the amount of recharge necessary and the land area over which it can be most
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effectively accomplished. If the regulatory strategy is to establish a
recharge zone or a groundwater protection zone, then the report should
identify the criteria for establishing the zone. This can be done by
soil suitability slope alone or some combination of soil type and parti-
cular geological structures which make one land area more critical to re-
charge than another. The zone cannot be arbitrary. Equity requires that
the landowners who are similarly situated be treated in the same manner,
and that the burden of groundwater recharge be spread over all of the ap-
propriate land area and not simply on a limited portion.
In designing a local regulatory program, one should balance regula-
tory considerations with other alternatives: either fee-simple purchase of
the land (or some less-than-fee-simple purchase) or providing water through
an alternative source, such as surface collection and purification. The
acquisition route will be most appropriate in cases where the aquifer re-
charge is relatively small. In the case of a confined aquifer with a limited
number of outcroppings, or a limited fractured zone that represents a parti-
cular hazard to the groundwater, this may be the most appropriate strategy.
Although this limited recharge area is rare; still park and open space plan-
ning can partially alleviate recharge problems. In projecting the costs of
the alternative—alternative sources of water, it should be remembered that
this is only a partial solution to groundwater problems. While it will pro-
vide for urban water needs and could possibly also provide irrigation water
for agriculture, it does not necessarily protect the rest of the system
connected to groundwater. These may require additional conservation measures
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of artificially recharging the groundwater. Likewise this alternative has
a number of hidden costs that should be considered. For example, if the
water is coming from any distance, the hydrological cycle of another area
will be disrupted for the sake of providing the water.
In most cases, however, the recharge area will be of a magnitude to
make police-power regulation the most applicable. It will not be feasible
or desirable to remove all the necessary land from development entirely
by either fee-simple purchase or buying development easements. Or looking
at it from another direction, the regulation will not have to be so pro-
hibitive as to deny the owner reasonable use of the land.
In using a regulatory approach to groundwater protection, a commun-
ity can either go the direction of establishing a specific groundwater pro-
tection zone or follow the more general policy of runoff controls. The
first is more appropriate in cases of high permeability which cause problems.
The recharge zone approach can more easily restrict activities that can
seriously harm the supply, such as landfill sites, septic systems, fuel stor-
age or the use of high-nitrate fertilizers within an area of fractures or
high porosity. On the other hand, the genera], runoff regulations discussed
in the earlier section on streams and creeks need a less sophisticated data
base to implement. There may be some situations where runoff regulations
can incorporate conditions to control pollutants. Leon County, Florida, is
contemplating adding a water quality section to their erosion and runoff ordi-
nance. The proposed change would require any development to provide facili-
ties so that the first inch of any rain would either soak into the ground or
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be treated before it is released. This change is based on the assumption
that the dirtiest water is the first inch (this also covers most normal
rainstorms for the area), and that the soil mantel is such that it will be
able to filter out most harmful substances since there is no serious prob-
lem, with fertilizers and other chemical pollutants.
Taking either route—the special recharge zone or the runoff con-
trols—groundwater protection should be done with some kind of performance
standards. At the present moment there is a great deal of reserach in pro-
gress on sealing landfill sites, providing form more environmentally sound
methods of storing fuel, and overcoming the problems of impermeable surface
runoff by using new types of pavements, building artificial aquifer basins
that would purify runoff before it is allowed to go back into the normal
groundwater. The groundwater ordinances should not limit these possibili-
ties by simply forbidding acts that may be okay if designed in the right
ways.
There are several models for accomplishing this style of ordinance:
1. The first is the system suggested by the Christina study—of
delineating a basic low-density zone which will allow the necessary recharge
by coverage•requirements, but allowing the landowner the option of higher-
density zoning if he provides conservation measures to ensure the same
amount of recharge that would take place at the lower density. In order to
keep some uniformity in the district, it would be necessary to use this sys-
tem in conjunction with more traditional style of zoning concerning the mix
of residential, industrial, and commercial.
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2. The second option is illustrated by the Volusia ordinance , which
could feasibly allow any use of the land that was compatible with the hydro-
logical system of the aquifer. Instead of setting a base zoning of per-
mitted use, this system operates entirely through permits for any develop-
ment of the land or any changing of the contours of the land. In this
case, the developer is required to provide detailed information on how his
development fits with the objectives of the Groundwater Protection Districts,
and a yea or nay is given on the basis of whether it adequately meets the
objectives. This puts much heavier requirements on the administrative struc-
ture, since any change needs to go through review by the heads of the local
departments, and the county council itself with all of the appropriate pub-
lic hearings.
3. The final option, can be seen in the erosion and sedimentation
ordinances. These ordinances establish specific standards that a development
has to meet. In the case of DeKalb County, Georgia,and Leon County, Florida,
the runoff must be held to what it would be under natural conditions of the
land. In the case of groundwater recharge, an ordinance could simply specify
that any development had to maintain the percentage of runoff to infiltration
at the same ratio as natural conditions or some fraction thereof. Then the
individual builder could choose how he met this requirement. He could use
a simple berm to hold the water until it soaked into the ground , or more
elaborate systems of purifying the water and artificially recharging the
aquifer depending on what was appropriate for that site and in the ways he
wanted to balance out his own costs.
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Presumably any of these options could also require that the recharge
water met the federal water quality standards to ensure that the aquifer
was not polluted. In this case, the community could either set up its own
review of these plans through its engineering or zoning administration de-
partments, or they could allow the developer to have a licensed hydrologist
certify that the designed system would meet the ordinance standards.
In any of these systems, a community must realize that there will be
administrative costs. But the only way to avoid such costs is not to allow
development at all. In these kinds of tradeoffs, in particular, they re-
quire substantial amounts of administrative expertise. Not only does it
require the abilities of a hydrologist along with the other personnel review-
ing development proposals, it also requires field personnel to check installa-
tion and maintenance of water conservation systems once they are installed.
Presumably, this ongoing expense to the community will be much less than
finding alternative sources of water, but still it has to be considered and
planned for when designing the regulations.
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NOTES
1. Geraghty and Miller Inc., The Groundwater Environment (Port Wash-
ington, N.Y.; Geraghty and Miller Inc., 1972), p. 6a.
2. Ibid, p. 7a.
3. For a more detailed discussion of the properties of aquifers and
their classification see the following sources:
Geraghty and Miller, Inc., op cit.;
Helene L. Baldwin and C.L. McGuiness, A Primer on Groundwater
(Washington, D.C.: U.S. Govrernment Printing Office, 1963).
4. Geraghty and Miller Inc., Groundwater Contamination An Explanation of
Its Causes and Effects (Port Washington, N.Y.: Geraghty and Miller
Inc., 1972), p. 9.
5. The following source discusses overconsumption of groundwater and
the consequences:
Robert F. Legget, Cities and Geology (New York: McGraw-Hill, 1973).
6. For a more detailed discussion of groundwater contamination see the
following:
U.S. Environmental Protection Agency, Polluted Groundwater; Some
Causes, Effects, Controls and Monitoring (Washington, D.C.: U.S. Print-
ing Office, 1973) ;
Geraghty and Miller Inc., Groundwater Contamination. An Explanation
of Its Causes and Effects (Port Washington, N.Y.: Geraghty and Miller
Inc., 1972).
7. Geraghty and Miller, Inc., P. 9.
8. For a more detailed discussion of the hydrologic cycle and the role
of groundwater see:
Helene L. Baldwin, op cit.;
Luna B. Leopold and Walter B. Langbein, A Primer on Water (Washington,
D.C.: U.S. Government Printing Office, 1960).
9. Joachim Tourbier, Water Resources as a Basis for Comprehensive Plan-
ning and Development of the Christina River Basin (Newark, Del.:
University of Delaware Water Resources Center, 1973).
10. Division of Applied Ecology, Center for Urban Studies, University of
Miami, An Environmental Land Planning Study for South Dade County,
Florida (Coral Gables: Universtiy of Florida Center for Urban Studies,
1971).
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BIBLIOGRAPHY
Geraghty and Miller, Inc. Groundwater Contamination. An Explanation of
its Causes and Effects. Port Washington, New York. 1972.
A report aimed at a non-scientific audience that explains quite
clearly the causes and kinds of groundwater contamination. It
contains several good diagrams of how groundwater contaminated
by a source can move to a well or other fresh water source.
There is a section on governmental regulations concerning ground-
water contamination.
Geraghty and Miller, Inc. The Groundwater Environment. Port Washington,
New York. 1973.
An excellent primer on groundwater for use by non-scientists.
The report goes into the properties of soil and rock materials
that contribute to the value of an aquifer, defines what an aquifer
is, and explains how the amount of water that can be withdrawn
from a well depends upon how much water is replenished to the
aquifer that it taps. It includes a map of the major ground-
water areas of the U.S.
Langbein, Walter B. and Luna B. Leopold. A Primer on Water. Washington, D.C.,
U.S. Geological Survey. 1960.
A well illustrated introduction to the role of water on planet
Earth. It begins by explaining the water cycle, how water moves
from atmosphere to surface water flow. Some of the problems
associated with water, flooding, sedimentation, erosion are de-
scribed also. The second part of the primer is titled, Water Use
and Development and discusses the fluctuating nature of the water
supply and the problems that may be encountered as the demand for
water increases. This is an excellent resource for those who re-
quire a simple but intelligent introduction to all aspects of
water.
Pope, Dale E. Planning for Groundwater Protection; Amherst, Massachusetts;
A Case Study of the Hydrogeologic Implications of Land Use on an Unconsoli-
dated Aquifer. Amherst, Massachusetts. December 1972. 83 pp.
This is a Masters 'thesis prepared in conjunction with the Town
of Amherst. It is perhaps unique in its attempt to bridge the
gap between scientist and planners on a relatively small scale
problem. It offers an overview of the water quality of the aquifer
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aquifer and proposes land-use policies compatible with the
adequate functioning of the aquifer, with specific recommen-
dations for various town bodies.
Tourbier, Joachim. Water Resources as a Basis for Comprehensive Planning
and Development of the Christina River Basin. Water Resources Center,
University of Delaware, Newark, Delaware. 1973.
This is a technical report covering the completion of the first
phase of a study of the Christina River Basin in northern Dela-
ware. In the study the Basin was used as a model area to analyze
techniques for the long-range protection of water quality and
water supply in areas undergoing urban development. It describes
a natural resource inventory that was made, discusses refinement
of the site class concept for protection of water resources and
protection measures and their costs. It has a very fine section
on groundwater and recommends some innovative methods of protect-
ing groundwater.
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DATA NEEDS AND TECHNICAL ASSISTANCE
The principal data need with regard to groundwater is to find the
water table and to find out how it fluctuates during the years. Knowing
how far below the land surface the groundwater reservoir begins is critical
in deciding what kinds of land use are reasonable or unreasonable in an
area. Groundwater flow patterns are also an important data requirement.
Which way does groundwater flow; towards the town well or away from it?
If an aquifer is primarily recharged at an outcrop it will be necessary to
identify that recharge area.
All of these issues are part of the hydrology of any area. The
USGS and state geological surveys staffs include groundwater hydrologists,
geologists, and other groundwater experts. Although most of the major aqui-
fers of the country have been identified, at the local level very few maps
exist that identify local aquifers, recharge areas, and water table levels.
The state geological surveys on a matching funds basis with USGS have field
people who can answer some of your questions about groundwater. Because
there has not been a regional collection of local groundwater information by
USGS you will probably fare better by contacting the state geological survey
directly, (see Appendix H, page 518). They make up any necessary arrange-
ments with USGS. The well drillers in your community may have more specific
information on local groundwater than even the state geological survey but
may want to charge you for their services. It's worth a try.
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A SELECTED LIST OF COMMUNITIES WITH AQUIFER REGULATIONS
Amherst, Massachusetts
Office of the Town Planner
Town Hall
Amherst, Massachusetts 01002
Austin, Texas
Texas Water Quality Board
P.O. Box 13246
Capitol Station
Austin, Texas 78711
Southampton, New York
Planning Board
Southampton, New York 11968
Volusia County, Florida
County Planning Department
De Land, Florida 32720
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APPENDIX V-a
BE IT ORDAINED BY THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA:
SECTION I: Findings of Fact;
In adopting this ordinance the County Council of Volusia County hereby finds the
following facts to be true:
(A) Volusia County is a unique hydrological entity in that an insignificant por-
tion of the water supply for the entire County is derived from sources out-
side the County. On the other hand, a certain amount of water leaves Volu-
sia County through rivers and streams and other water courses as well as
the Clastic and Floridan Aquifers. Volusia County is almost totally depen-
dent upon rainfall within the County for its entire water supply. Water is
supplied to users in Volusia County from wells driven into the Floridan
Aquifer. As water is used, the aquifer is replenished or "recharged" pri-
marily from rainfall which ultimately finds its way to the Floridan Aquifer.
(B) The area described in Exhibit "A", hereinafter described as "Potential Re-
charge Area" is essential to the water quantity and quality of Volusia
County for the reasons more specifically stated hereafter. Water recharge
occurs throughout Volusia County; however, the Potential Recharge Area has
the greatest potential for recharge of the Volusia County water supplies as
water is drawn from the Floridan Aquifer. Within the Potential Recharge
Area, as the level of water in the Floridan Aquifer is reduced through use,
the rejected recharge which currently occurs in the area would be decreased
by capture of such water, thus increasing the amount of water available for
use.
(C) In those areas of Volusia County currently identified as the best defined
areas for recharge to the Floridan Aquifers, the recharge ability cannot be
increased. This is due to the fact that these areas, particularly the DeLand
Ridge, the Rima Ridge and the Atlantic Coastal Ridge generally are accepting
the maximum amount of rainfall available. Continued development of these
areas will decrease the recharge capability because of less natural area
available to absorb rainfall and an increase in the volume and speed of sur-
face water run-offs which in turn increases the amount of water lost to
rivers and streams and due to evapo-transpiration.
(D) Control of development within the Potential Recharge Area is imperative for
the following reasons:
(1) The previously mentioned ridges are currently the areas of greatest
development and development potential in Volusia County, resulting
in adverse effects on their future potentials as areas of recharge
to the Floridan Aquifer.
(2) The greatest amount of fresh water is available from the Floridan
Aquifer within the Potential Recharge Area with a minimum danger
of salt water intrusion into the water supplies of Volusia County.
(3) Land within the Potential Recharge Area is currently undeveloped
and essentially undevelopable due to the existing surface and sub-
surface water conditions. Developments for other than limited
agricultural and timber production uses could only occur with the
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use of substantial drainage and significant alterations of the
present hydrological and geological conditions. Such alterations
would adversely affect the recharge potential of the Potential Re-
charge Area by decreasing the capability of the area to provide
continuous recharge to the Floridan Aquifer.
(4) The natural vegetation within the Potential Recharge Area as well
as the interaction of surface water areas with the Clastic and
Floridan Aquifers provides the superior filtration of waters re-
charging the Floridan Aquifer, reducing the amount of natural and
man-made pollutants reaching the Floridan Aquifer. Such filtration
is being lost in the present Potential Recharge Area due to devel-
opment .
(5) If the Potential Recharge Area is sufficiently controlled and gen-
erally preserved in its natural state, it will assure the mainten-
ance of a water recharge system sufficient to supply the projected
needs of the entire County for water well beyond the projected
population increases through the year 2,000. Uncontrolled develop-
ment of the Potential Recharge Area, combined with the continued
development of all other areas of Volusia County will seriously
impair the water supply of Volusia County by significantly reducing
recharge capabilities to the Floridan Aquifer as use of water con-
tinually increases. Such a situation could ultimately result in
increased salt water intrusion in various areas of the Floridan
Aquifer as well as potential future water shortage.
(6) Any uncontrolled drainage or alteration of the natural movement
of surface water through construction of roads, fill of land, ex-
cavation and similar alterations would adversely affect the re-
lationship between the surface waters and the recharge of the
Floridan Aquifer which makes the Potential Recharge Area the opti-
mum area for potential recharge of the Volusia County water supply
system.
(E) While certain types of development will have no adverse effects on the bene-
ficial aspects of the Potential Recharge Area, it may actually enhance posi-
tive qualities, uncontrolled development will give rise to substantial des-
truction of the potential abilities of this area to sustain adequate, quality
water supplies for Volusia County for the reasons more specifically set forth
heretofore.
SECTION II: Purpose. Historically, water is a thing which belongs to no one, and the
use of which belongs to all, and is an entity apart from the land. Water movement,
particularly as applicable to the Potential Recharge Areas, includes rainfall, reten-
tion drainage, underground water course movement', randon seepage and movement in and
above the ground water course. The entire water system constitutes a vital part of
the natural environment of both Volusia County and the State of Florida. In light of
the foregoing findings of fact, in view of the supportive findings set forth in that
certain report of the United States Geological Survey entitled, "Evaluation of the
Quantity and Quality of Water Resources of Volusia County, Florida", and subsequent
investigations of the United States Geological Survey and the Volusia County Environ-
mental Control Department, as reported to the County Council at a public hearing held
on the 21st day of June 1973, by reason of the mandate of the people of the State of
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Florida as set forth in Article III, Section 7, of the Florida Constitution (1968
Revision) providing that it shall be the policy of the State to conserve and protect
its natural resources, and by reason of the mandate of the people of Volusia County
as set forth in Article II, Section 2.2, of Volusia County Charter, providing that
the County shall prevent the development or use of land or commission of other acts
by persons, partnerships, or corporations which will tend to destroy or have a sub-
stantially adverse effect on the environment of any established residential or busi-
ness area within the County, it is hereby declared that this ordinance is necessary
for the protection of the water supply of Volusia County.
"The purpose of this ordinance is to protect the water resources of Volusia County,
prevent the development or use of land in the Potential Recharge Area in a manner tend-
ing to adversely affect the quantity of water within Volusia County or tending to des-
troy or have a substantially adverse effect on the environment of the County by virtue
of pollution of the air, land or water by foreign substances, including noxious liquids,
gasses or solid wastes or pollution by virtue of the creation of potentially harmful
conditions including the creation on unnecessary injurious heat, noise or odor and pre-
serve the aesthetic qualities of the County in order to enhance the overall development
of the County and the proper planned promotion of agriculture, tourism and appropriate
residential, commercial and industrial development within Volusia County. It is in-
tended by this Council that this ordinance be interpreted liberally in view of the
paramount public interest involved in the preservation of the Potential Recharge Area."
SECTION III: Short Title
This ordinance shall be known and may be cited as "The Potential Water Recharge
Area Preservation Ordinance of Volusia County."
SECTION IV: Definitions
1. "Action" means any application for a permit under this ordinance or any devel-
opment or use encompassed within the jurisdiction of this ordinance.
2. "Development Permit" or "Permit" includes any building permit, zoning permit,
plat approval or rezoning, certification, variance, or other action having the
effect of permitting development as hereinafter defined.
3. "Development" means the carrying out of any building, agricultural or mining
operation or the making of any material change in the use or appearance of any
structure or land, and the dividing of land into two or more parcels. The fol-
lowing activities or uses shall be taken, for the purposes of this ordinance, to
involve development as defined herein.
(A) Any construction, reconstruction, alteration of the size, or material
change in the external appearance of a structure on land.
(B) Any change in the intensity of use of land, such as an increase in the
number of dwelling units in a structure or on land, or a material in-
crease in the number of businesses, manufacturing establishments,
offices, and dwelling units, including mobile homes, campers, and rec-
reational vehicles, in a structure or on land.
(C) Any agricultural use of land including, but not limited to, the use of
of land in horticulture, floriculture, viticulture, forestry, dairy,
livestock, poultry, bee keeping, pisciculture and all forms of farm
products and farm production.
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(D) The commencement of drilling, except to obtain soil samples, or the
commencement of mining, or excavation on a parcel of land.
(E) Demolition of a structure.
(F) Clearing of land as an adjunct of construction for agricultural, pri-
vate, residential, commercial or industrial use.
(G) Deposit of refuse, solid or liquid waste, or fill on a parcel of land.
(H) Construction, excavation or fill operations relating to the creation
of any road or street or any drainage canal.
4. "Parcel of Land" means any quantity of land capable of being described with
such definitedness that its location and boundaries may be established, which is
designated by its owner or developer as land to be used or developed as a unit,
or which has been used or developed as a unit.
5. "Person" means an individual, corporation governmental agency, business
trust, estate, trust, partnership, association, two or more persons having a joint
or common interest, or any other legal entity.
6. "Potential Recharge Area" means that area of real propety located in Volusia
County as described in Exhibit "A" which is attached hereto and incorporated here-
in as part of this ordinance.
7. "Planning Department" means the Planning Department of Volusia County or the
planning staff that has been designated by the County Council as a planning staff
for Volusia County.
SECTION V: Prohibition
(A) Except as otherwise provided in Section X, in the Potential Recharge Area as
herein defined, and as described in Exhibit "A" attached hereto and made a
part hereof, no person may erect any permanent structure, including the place-
ment of mobile homes, nor shall any person engage in the development of land,
whether for residential purposes or otherwise-, for any commercial, agricul-
tural or industrial pursuit, whether temporary or permanent, unless such per-
son first obtain a use permit from the County Council in the manner set forth
in this ordinance.
(B) Within six months from the effective date of this ordinance all persons en-
gaged in any activities set forth in paragraph (A) above shall submit to the
Development Coordination Department a statement indicating the nature and
extent of activities being carried on. Such statement shall include the in-
formation required in Section VI(A) of this ordinance.
SECTION VI: Application for Permit
(A) All applications for a use permit shall be made to the Department of Develop-
ment Coordination in the manner and form prescribed by said department. The
application shall include a description of the proposed action, use or devel-
opment, including information and technical data adequate to allow for a care-
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ful assessment of the application in light of the guidelines set forth in
Section VII of this ordinance. Where relevant, maps and other information
shall be provided upon request from any department or agency examining the
application.
(B) Upon receipt of an application for a use permit pursuant to this ordinance
the Department of Development Coordination shall submit copies of such ap-
plication to the Department of Environmental Control, the Planning Depart-
ment, the Department of Public Works and such other County, State or Federal
* departments or agencies it deems should be advised of the proposed action
for review and comment.
(C) Within ninety (90) days after receipt of an application, the aforementioned
departments shall submit written reports to the Director of the Department
of Development Coordination, which report shall include recommendations from
each department. In preparing such reports each department shall take into
account the guidelines set forth in Section VII of this ordinance. All de-
partments and agencies may cooperate and submit a single, comprehensive re-
port.
(D) Upon receipt of the reports, the Director of Development Coordination shall
forthwith place the matter on the agenda for County Council consideration,
and shall notify the applicant when the matter will be considered by the
Council.
(E) Whenever the County Council determines that an application is one which would
generate substantial Public interest or could cause a significant change in
the Potential Recharge Area, the Council may call for a public hearing with
at least fifteen (15) days public notice, published once in a newspaper of
general circulation in the County.
(F) Each department may request the assistance of any other department or agency
of any local government, the government of Volusia County, or any State or
Federal Department or agency. The department may also require such addition-
al information from the applicant as it deems is reasonably necessary in order
to furnish the County Council with a complete report.
(G) After July 1st, 1973, whenever an application is submitted which, but for
the fact that it affects only Volusia County, would be a development of re-
gional impact pursuant to the criteria established in accordance with Chapter
380, Florida Statutes, such application shall be accompanied by an environ-
mental impact statement which shall be prepared in accordance with the cri-
teria established by the National Council on Environmental Quality pursuant
to the National Environmental Policy Act of 1969 (Public Law 91-190, January
1, 1970). All such applications shall be subject to a public hearing in ac-
cordance with sub-paragraph (E) above.
SECTION VII: Guidelines
In determining whether a permit should be granted, the County Council shall apply
the following guidelines:
(A) The probable impact of the proposed action on .the environment, including im-
pact on ecological systems such as wildlife, fish and marine life. Both pri-
mary and secondary significant consequences for the environment should be
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examined. For example, the implications, if any, of the action on popula-
tion distribution or concentration should be estimated and an assessment
made of the effect of any possible changes in population pattern upon the
Potential Recharge Area, including land use, water and public services in
the Potential Recharge Area.
(B) Any probable adverse environmental effects which cannot be avoided (such as
water or air pollution, undesirable land use patterns, increased water run-
off, damage to life systems, urban congestion, threat to health or other
consequences adverse to the goals and the purposes of this ordinance).
(C) Alternatives to the proposed action, use or development. In considering
alternatives, the Council shall attempt to assure that the purposes of this
act are complied with and that the action or use proposed is best fitted
to meet these purposes. A rigorous exploration and objective evaluation of
alternative action that might avoid some or all of the adverse environmental
effects is essential. Efficient analysis of such alternatives and their
costs and impact on the environment of the Potential Recharge Area should be
examined in order not to foreclose prematurely options which might have less
detrimental effects.
(D) The relationship between local, short term uses of man's environment, and
the maintenance and enhancement of the long-term productivity of the Poten-
tial Recharge Area. This will require the County Council to assess the ac-
tions for cumulative and long-term effects from the prospective that each
generation is the trustee of the environment for succeeding generations.
(E) Any irreversible and irretrievable commitments of resources, particularly
water, which would be involved in the proposed action, use or development,
should it be implemented. The County Council should identify the extent
to which the action curtails the range of beneficial uses of the environ-
ment of the Potential Recharge Area. Compatibility of the proposed use
with existing uses in the Potential Recharge Area, and compatibility with
the zoning and land use planning for all lands which would be affected by
the proposed use.
(F) The effects and compatibility of the use or development or action with re-
gard to the matters set forth in the findings of fact under Section I of
this ordinance.
SECTION VIII: Grant of Permit, Alteration of Use
(A) No permit shall be issued unless and until the County Council has examined
the application in light of the foregoing criteria and determined that the
use, activity, or development as proposed would not adversely affect the
environment of the Potential Water Recharge Area, would be in harmony with
the purposes of this ordinance and would not have any adverse effect with
regards to the findings of fact set forth in Section I of this ordinance.
(B) In granting a use permit, the County Council may prescribe appropriate con-
ditions and safeguards in conformity with this ordinance and, where appli-
cable, may prescribe a reasonable time within which the action permitted is
required to be begun, completed or terminated. Violation of such conditions,
safeguards or time limits, when made a part of the terms under which the use
permit is granted, shall be deemed a violation of this ordinance.
permit is granted, snail be deemed a violation 01 .cms ordinance.
(C) The permit issued shall specify the use permitted and any conditions
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forth by the Council to assure the intent and standards of this ordinance
are complied with. Where applicable, plans and specifications shall be
attached to and made a part of the use permitted. The permit shall state
that the granting of the use permit under this ordinance does not waive the
requirements of any other County, State or Federal law, ordinance or regu-
lation.
(D) Whenever any person has obtained a permit and thereafter desires to alter
the use in any way from the use as proposed and authorized, such person
shall make application for a new permit.
SECTION IX: Issuance of Development Permits
No development permit, as defined herein shall be issued within the Potential Re-
charge Area until such time as the applicant therefor has secured a use permit
pursuant to the provisions of this ordinance.
SECTION X: Exceptions
Exceptions: The following uses are excepted from the provisions of this ordinance:
(A) Any parcel of land may be used for private recreational purposes, such as
hiking, camping, hunting or fishing, without a use permit, when no change
in the zoning classification of the property, conditional use or special
exception is required for such use.
(B) Any agricultural use as defined in this ordinance shall be permitted without
a Use Permit, when no roads or drainage canals or ditches are constructed
subsequent to the effective date of this ordinance which would have the ef-
fect of permanently impounding, obstructing or diverting surface or subsur-
face waters. Nothing in this Section shall be construed as prohibiting the
construction of irrigation ditches, temporary canals, plowing of land and
similar uses which are ordinarily a normal part of agricultural operations
unless undertaken for the sole or predominat purpose of impounding or ob-
structing surface waters, nor shall this Section be construed as prohibiting
the construction of temporary roads and drainage canals incidental thereto,
which roads are constructed solely for the purpose of inspection, harvesting
or planting of forestry or agricultural crops, when such roads are ordinary
and incidental to a forestry or agricultural operation.
(C) Any use which was in existence as of the effective date of this ordinance
shall be permitted to continue indefinitely without a use permit, provided
that no new roads or drainage canals or ditches shall be constructed as
accesory to such use except in accordance with the provisions of this ordi-
nance, and provided further that the requirements of Section V(B) of this
ordinance are complied with. Nothing in this Section shall be construed to
permit the construction of a residential structure or the placement of a
mobile home on an individual parcel of land upon the grounds that said parcel
was purchased for the purpose of development, as defined by this ordinance,
prior to the effective date of this ordinance, without meeting the require-
ments 'for a,permit as provided in this ordinance. Nothing herein, however,
shall be construed to deny or prohibit the addition to an existing structure
or its appurtenances or any accessory uses, provided that a notice of intent
to expand such structure, appurtenance or accessory use is filed with the
Development Coordination Department.
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No part of this ordinance shall be construed to prevent the doing of
any act necessary to prevent the harm to or destruction of real or personal
property as a result of a present emergency such as fire, infestation by
insects or other pests, or flood hazards resulting from heavy rains or
hurricanes, when the propety is in imminent peril and the necessity of ob-
taining a permit is impractical and would cause undue hardship in the pro-
tection of the property
SECTION XI: Applicability to Incorporated Manicipalities
This ordinance shall be applicable throughout the area described in Exhibit "A"
including any incorporated towns or municipalities whether now in existence or
hereafter created.
SECTION XII: Penalties and Enforcement
(A) Any person, whether an owner, lessee, principal, agent, employee or other-
wise, who violates this ordinance or causes or participates in a violation
shall be guilty of a misdemeanor and shall be punished by a fine not to ex-
ceed five hundred dollars ($500.00) or by imprisonment in the County jail
for a period not to exceed sixty (60) days, or by both such fine and impri-
sonment. Each day upon which a person is in violation of this ordinance,
shall constitute a separate offense hereunder.
(B) In addition to any other remedies, whether civil or criminal the violation
of this ordinance may be restrained by injunction, including a mandatory
injunction, and otherwise abated in any manner provided by law. It is here-
by declared by this County Council that the violation of this ordinance is
a hazard to public health, safety, and the general welfare, and is therefore
a public nuisance.
SECTION XIII: Severance Provisions
If any part of this ordinance is held to be unconstitutional it shall be construed
to have been the legislative intent to pass this ordinance without such unconstitu-
tional portion, and the remainder of this ordinance shall be deemed and held to be
valid as if such portion had not been included herein. If this ordinance, or any
provision hereof, is held to be inapplicable to any person, group of persons, pro-
perty, kind of property, circumstances, or set of circumstances, such holding
shall not affect the applicability hereof to any other persons, property or cir-
cumstances .
SECTION XIV: Effective Date
A certified copy of this ordinance shall be filed with the Office of the Secretary
of State by the Clerk of the Council within ten (10) days after enactment, and
this ordinance shall take effect upon receipt of the official acknowledgment of
that office that said ordinance has been filed.
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SECTION VI
WETLANDS
A. Introduction
We have come a long way from thinking of wetlands as the breeding
grounds for disease. Yet the tendency to see marshes and bogs as wasteland
has produced the major theme in America's management of wetlands: the con-
version of these habitats to other and supposedly better uses.
So-called "reclamation" of wetlands has been public policy for a
hundred years. In 1850 the federal government was providing "Swamp Land
Grants" to enable states to reclaim the "swamp land in their limits." When
a state sold the land the proceeds were to be used "exclusively as far as
necessary to the reclamation of said lands." Later the Federal Swamp Land
Acts authorized the draining and filling of 65 million acres of wetlands in
the 1800s. The policy has continued into the 20th century. In the 1920s and
30s the marshes and bogs of Iowa, Missouri, Illinois, Indiana, Ohio, Michigan
and Wisconsin had been reduced to 10 per cent of their earlier range and acreage.
Since World War II the wet prairies of Minnesota and the Dakotas have been
drained extensively. Nearly 350,000 acres, or 25 per cent of that region's
waterfowl-producing potholes , are gone.-*-
The most severe changes have occurred in the midwestern states, but
the potential for conversion is national—particularly in the South and
along the Atlantic coast. A United States Department of the Interior report
of 1967 shows that 7.1 per cent of the coastal wetlands have been lost and
23 per cent severely modified. California alone has lost 67 per cent of
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its coastal wetlands. Overall, it is estimated that in the past 100 years
the American wetlands have been reduced to 70 million acres, slightly more
than half the original acreage estimated at 127 million acres. Nevertheless,
every state with significant wetlands is still experiencing pressure for the
conversion of these lands to either agricultural or urban uses.
Land developed for increased agricultural production has accounted
for much of this loss, but the more recent phenomenon of urbanization has
taken its toll.
Urban conversion of wetlands occurs because real estate value is not
influenced by the value of wetlands. An individual is unlikely to pay for a
lake's natural filtering system or the nesting sites for herons, cranes, and
other waterfowl. House and Home pointed out the potential of wetlands in
April 1958:
Some of these are in areas close to town that have been passed
over while higher land all around has skyrocketed in price. Yet
the marshy land can sometimes be bought and filled in for much
less than the cost of surrounding land. ^
Wetlands are the builder's dream of cheap land. There is no doubt
that real estate values are one of the major causes of wetland destruction.
California's wetland inventory in 1958, for example, was down to 500,000
acres from an estimated two million in less crowded days. The cheap land
image of wetlands works at all levels of the real estate market—cheap land
for industrial development, solid waste disposal, and shopping centers.
The greater the increase in land values from urbanization, the greater the
impetus to take advantage of the low market price of wetlands.
There is one more turn of this economic screw. Wetlands not only
suffer from the cataclysmic changes of dredge and fill; they also suffer from
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less drastic, everyday uses that go along on their borders and cause an
incremental loss of quality. The housing development sitting on the hill
above a marsh dumps increased runoff, silt, fertilizers, and other by-
products of urban living into the marsh. Similarly, the incremental
effects of agriculture can destroy a marsh or bog. Fertilizers leach
into the wetlands and plowing increases the silt flow. The people on
the hill then experience the tragedy of the commons: they located there
because they liked the open space, the access to rivers and lakes, and
the variety of wildlife,but their actions destroy what they want.
Society has not found out what the actual credits and debits of
development of its wetland resources really are. Though there has been
little systematic work in evaluating the consequences of converting wet-
lands to other uses, bits and pieces of evidence indicate that the benefits
are not withput liabilities. It has been shown, for example, that the
peat soil of wetlands is not always good farmland. Wetlands are low-lying
.areas subject to early frosts, and since the peat releases nutrients too
slowly and too unevenly to provide fertile soil, it ultimately requires more
fertilizer than other farmland. As a consequence drained land has previously
ended up in soil banks rather than in production. Likewise many converted
1
wetlands have not proved to be good home sites. The canals of the new
Venices in California and Florida have quickly become choked with algae,
leaving homes sitting on the banks of lagoons that resemble open sewers
more than fresh delightful canals.
Although these problems remain unresolved, there has been a signi-
ficant shift in both public attitude and public policy since the early
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1960s. Where the older laws were devoted to protecting wetlands only
as a corollary to the protection of fish and wildlife (Migratory Bird
Conservation Act, 1929; Wildlife Restoration Act, 1934; Fish Restoration
and Management Act, 1950), recent legislation and policy statements are
focused upon the wetlands themselves as the resource to be protected,
preserved, and restored (Estuarine Areas Act, 1972; Coastal Zone Management
Act, 1972). Likewise, in April 1973, the Environmental Protection Agency
announced a new policy to actively protect and preserve the nation's wet-
lands—the marshes, swamps, bogs and other low-lying areas that during
some period of the year are covered in part by natural non-flood waters.
The agency outlined four specific policy goals in support of this general
agency stance:
1. To minimize alterations in the quantity or quality of the
natural flow of water which nourishes wetlands and to pro-
tect them from adverse dredging or filling practices, solid-
waste management practices, siltation or the addition of
pesticides, salts or toxic materials arising from nonpoint-
source wastes or through construction activities, and to
prevent violation of applicable water quality standards.
2. Not to grant Federal funds for construction of municipal waste
water treatment facilities that may interfere with the existing
wetland ecosystem except where no alternative of lesser environ-
mental damage is found feasible.
3. To consult with the Department of Interior in determining the
probable impact of pollution-abatement programs on fish and
wildlife in the wetlands.
4. To recommend a public hearing in the event of a projected sig-
nificant adverse environmental impact.^
While these policies remain very general, they do represent a significant change
in the federal government position. The Army Corps of Engineers developed a
similar set of guidelines in April, 1974 under its authority from the Rivers
and Harbor Act.
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During the past five years, state and local governments have also
begun many programs that specifically address wetland protection. Most
of the states along the Pacific and Atlantic coasts, and Michigan on the
Great Lakes, have passed legislation protecting wetlands. The major effort
has been to obtain state control of dredging and filling of wetlands; in
most cases these activities now require a state permit. While this legis-
lation is recent and it is difficult to assess how well the states are using
the permit systems, most state governments feel that the rate of wetland
destruction has been slowed. Similar systems of wetland protection have
also been instituted by municipal and county governments. Many of the local
programs have been developed in response to states mandating greater wetland
protection, but they tend to be more inclusive—developing general develop-
ment control rather than simply restricting dredge and fill activities. These
programs are described in detail later in this section.
B. The Public Purpose and Wetland Ecology
Wetlands are defined as a transitional between dry land and open water.
They are areas of low topography, poor drainage, and standing water. Though
we know when we are knee deep in water and when we are on dry land, the
area in between is more difficult to recognize. This difficulty is primarily
due to seasonal and yearly variations in the borders of wetlands. Water-
logged land in the spring may be dry through most of the summer and fall,
and wetlands during years of extensive rainfall may be more extensive than
during years of drought.
Though it is difficult to produce a universally accepted definition
of exactly where wetlands end and other lands begin, wetlands are generally
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classified by their predominant water depth, the vegetation they support,
and whether their waters are fresh or saline. Wetlands also vary according
to climate, with marked differences in vegetation from north to south.
Table VT-1 lists the various types of wetlands according to these factors,
along with the most common forms of disturbance. It is based on the classi-
fication of the U.S. Fish and Wildlife Service, which is used to describe
waterfowl habitats.
Analyzing a community's wetlands in terms of these ecological types
is important, since it gives a better picture of the local resources being
considered. Sedge meadows, for example, are often overlooked when consider-
ing a wetlands program because they may look more like grasslands than wet-
lands, but they are strategically important for their filtering and water
storage capabilities. Likewise, certain types of wetlands may represent an
extremely rare biological resource for an area. Bogs, for example, are rela-
tively rare in the plain states and will support pitcher plants, sundews and
other flora that are not found elsewhere in the region. In this case they
can have value for their uniqueness.
Whatever their specific local value, wetlands do have a set of com-
mon natural functions that make valuable resources for society. The resource
values of wetlands can be summarized as follows:
1. Wetlands affect the quality of water. Aquatic plants change
inorganic nutrients into organic material, storing it in
their leaves or in the peat, which is composed of their re-
mains. The stems, leaves, and roots of these plants also slow
the flow of water through a wetland, allowing the silt to
settle out, as well as catching some of it themselves. Thus
the removal of wetlands causes faster runoff of dirtier water.
Consequently wetlands protect the downstream or offshore water
resources of the community from siltation and pollution.
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Table VI-1. WETLANDS
WETLAND TYPE
INLAND FRF.SH
Seasonally
Flooded Basins
or Flats
Inland Fresh
Meadows (Sedge
Meadow)
Inland Shallow
Fresh Marshes
Inland Deep
Fresh Marshes
Inland Open
Fresh Water
Shrub
Swamps
Wooded
Swamps
Hnoc
: i
REGION OF
LARGEST
ACREAGE
mississippi
north
atlantic south
mississippi
north
atlantic south
central north
atlantic south
mississippi
north
mississippi
north
atlantic south
atlantic south
mississippi
north
INIANU SA: ;:.,:
Inland Saline
FlM'S
Inland Saline
Marshes
Inland Open
Saline Water
COASTAL Vr.hSil
Coastal Shallow
Fresh Mar.'hes
Coastal Deep
Fresh Marshes
Coastal Open
Fresh I'ater
COASl.'i:. SALINE
Coastal Salt
Flats
Coastal Salt
Meadow
Irregularly
Flooded Salt
Marshes
Regularly Flood-
ed Salt Marshes
Sounds and
Bays
Mangrove Rwampa
pacific south
pacific south
pacific north
pacific south
mississippi
south
mississippi
south
mississippi
south
central south
atlantic north
atlantic south
atlantic south
atlantic south
mississippi
south
central south
florida only
REPRESENTATIVE VEGETATION (NORTH)
varies with flood duration, lowland hard-
wood trees, smartweed, wild millet, fall
panicum, tealgrass, chufa.. cvporus
carex, rushes , rcdtop, reedgrasses, manna-
grasses, prairie cordgrass, mints
reed, whitetop, rice cutgrass, carex, giant
burreed, bulrushes, spikcrushes , cattail,
arrowheads , pickerel weed
cattails, reeds, bulrushes, wild rice, spike-
rushes, in open areas: pondweeds, naiads,
coontail, watermilfoil, duckweed, water lily
pondweeds, naiads, wild celery, coontail,
watermilfoil, muskgrasses, lilies, spatter-
docks
alders, willows, buttonbush, dogwood, swamp-
privet, usually along sluggish dreams
taraaracl-, arborvitae, black spruce, balsam,
red maple, black ash, northwest: western
hemlock, red aider, willows and thick Mosses
leather leaf, labrador tea, cranberries,
carex, cottongrass, sphagnura moss , black
spruce, t''r-3rack, insectivorc..^ plants
REPRESENTATIVE VEGETATION (SOUTH)
same
e , p p
maidencane, sawgrass, arrowhead,
pickerel weed, rushes, cattails
many of the same species, plus water
hyacinth and water primrose in some
areas
similar species, plus water hyacinth
same
water oak, overcup oak, tupelo gum, swamp
black gum, cypress
cyrilla, persca, gordonia, .sweetbny, pond-
pine, Virginia chainfern", insectivorous
plants
a
spare-': s-:-ML'liLe , saltgrass, nevacla bulrush,
salHuuh, bia-ro-weed
same
sago poniX'i-i •-' , '.--igeongrass, muskgrass
same
alkali or hardstem bulrushes, wigeongrass,
sago pondweed
same
redgra.ic, i>ig cordgrass, carex, spikerush,
sawRrasr: . cattails, arrowheads, stmrt'./ood
cattails, wild rice, pickerelweed, giant cut-
grass, spatterdock, pondweeds
similar, excluding water hyacinth
similar with maidencane
similar with water hyacinth and
wat'-v lettuce
scarce in turbid waters: pondweeds,
naiads, wild celery, coontail, water
milfoils, muskgrasses, water hyacinth
sparse vegetation: glassworts, seablite
sal twrnss
saltmendow cordgrass, saltgrass, blackrush,
olney threesquare, saltmarsh flcabane,
pacific coast: carex, hairgrass, jaumea
dominant ly need] crush
atlantic and gulf coasts: salt marsh cord-
grass.
pacific coast: alkali bulrush, glasswort,
arrowgrass
open areas: wigeongrass, 'eelgrass or s*igo
pomVatd
eelgrass, wigeongrass, sago ponduccd,
muskf.r.ins
similar with salt flat grass and salt-
wort
same
same
same
southcant: shoalgrass, manntecgrass,
turtlegrass
much red mangrove and some black mangrove
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2. Wetlands also influence the quantity of water. They act to
retain water during dry periods and hold it back during floods,
thus keeping the water table high and relatively stable. One
acre of marsh is capable of absorbing or holding 300,00
gallons of water, and thus helps protect the community against
flooding and drought. Coastal wetlands also absorb storm impact.
3. Wetlands are important resources for overall environmental health
and diversity. They provide essential breeding, nesting, resting,
and feeding grounds and predator-escape cover for myraid forms of
fish and wildlife. The presence of water is also attractive to
many upland birds and animals. Since it is here that the food
webs of land and water are most intimately connected, wetlands
are important for supporting a wide variety of plants and animals.
These factors have the social value of providing general environ-
mental health; recreational, research, and educational
maintaining the economic functions of trapping and fishing; and
adding to the aesthetics of the community.
In many ways wetlands present the classic case for public regulation.
Most of their assets are public goods; if they are provided for one member
\
of society they are provided for all of them. Consequently, the use values
of wetlands are not considered through the regular system of the land market.
An individual cannot sell his marsh filtering function on the market, nor
can he price his groundwater protection system and sell it to others. Such
values may play some role in land-use decisions, but they will generally be
overweighed by the development potential of the land. Therefore, it becomes
important for the government to regulate these common resource functions of
wetlands. There is a logical series of steps a community should follow in
developing a regulatory program for its wetlands.
1. A community must recognize the range of use values that wetlands
offer. Then it must
2. act on a policy level^ First, are those values important to us
so that we want to insure that they continue? And then, if yes,
what are the specific values we are most interested in? Defining
these policy goals will make a difference in
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3. Choosing the style of regulation. If the policy is to guaran-
tee that the community's residents will not suddenly find their
homes sitting in a foot of water, there will be one set of
regulatory procedures. If the goal is to maintain wetlands as
wild areas so that the community has the redwing blackbirds it
enjoys now or that it will continue to see the wild swans pass
through in the spring, then it must develop a different wetland
program.
Whatever common resource values the community decides that it wants
to maintain, it is first necessary to understand how the wetlands function
so that the regulatory program can achieve those goals. The closer the
regulatory program reflects the ecological nature of the wetlands, the more
effective it will be.
The following discussion of wetlands ecology and the way it serves
the public interest focuses primarily on inland wetlands, since these have
received less attention than coastal wetlands. A recent publication of The
Conservation Foundation, Coastal Ecosystems, by John Clark, is an excellent
study of the ecology and functions of saltwater wetlands. Though much of
what follows applies to all wetlands, there is an additional section at the
end on the special functions of coastal wetlands.
2. Wetlands Protect Water Quality
Wetlands affect water quality by trapping and storing in plant tissue
the nutrients from upland runoff and serving as a settling basin for silt
from upland erosion. This natural filtering function of wetlands can be
seriously damaged, however, by poor land-use practices. Since every wetland
has a unique tolerance for filtering runoff from the uplands around it,
development in the upland can create more nutrient and sediment inflow
than the marsh is able to absorb. Moreover, development in and around the
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-fringe of the marsh itself can destroy its ecological health and thus its
filtering ability.
Because of wetlands' contribution to water quality and their vulner-
ability to heavy, nutrient and sediment rich runoff, they fall within the
regulatory function of local government. The broad objectives of social,
political, and economic well being that allow communities to do multipurpose
community-wide zoning and subdivision restriction are designed to promote
the most suitable use of land, as well as to protect, conserve, and promote
the orderly development of land and water resources. Protecting water
quality is part of this mission. Since wetlands are an important link in
the entire hydrological system, the community's interest in larger bodies
of water requires it to be interested in the wetlands. When a community has
to close its beaches because of dangerous bacteria, it knows the wetland's
assimilative capacity is overloaded. Thus, there are also long-range health
and safety considerations in a wetlands program.
Quite often planning documents cite these use values as the important
functions of wetlands. It is true that the removal of wetlands by dredging
or filling will have an immediate impact on the water quality of streams
and lakes below them in the watershed system. These documents also suggest
that by preserving the marshes the community will have an effective anti-
pollution device. Yet this assertion may not necessarily be true, especially
if wetlands are treated as a bottomless patch basin.
When nutrients are added to an aquatic ecosystem, the physical and
biological results are called eutrophication. It is a natural process which
occurs in all wetlands to a greater or lesser extent, depending on local
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availability of nutrients, the rate at which they enter the system,and
the rate at which they leave. Eutrophication is a process closely associated
with the aging or filling-in of lakes. As the nutrient levels increase,
the water supports greater plant life, which in turn builds the organic
bottom of the water body. Wetlands, because of their greater plant popula-
tion and their tendency to hold water longer so that it is not flushed
downstream as quickly, trap these nutrients,which are then stored as muck
and peat deposits. Under normal conditions these deposits do not build up
as rapidly as is often supposed. It can take thousands of years to add a
few feet to the bottom of a bog.
On the other hand, human activities can telescope the long, gradual
process of eutrophication from centuries to a few decades or even years.
Sediments and nutrients from upland development can overload and damage the
natural system, turning the wetland into a settling basin of polluted and
unpleasant smelling water.
Usually at advanced stages, eutrophication is an unpleasant process
from man's point of view. It produces smelly algae blooms or dense growths
of waterweeds, and it depletes the oxygen levels in the water when the
plants start to respire or decompose. On a hot, windless night, the rate
of chemical activity in a small marsh is high, no light is available for
photosynthesis and little oxygen is added to the surface. If the plants
are respiring or decomposing at the time, the oxygen level may become very
low and cause fish kill.
Since a marsh is relatively small and shallow, it is less able to
handle the nutrients from a given watershed than would a larger or deeper lake.
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A wetland has a larger relative surface area exposed to sunlight, where
algae and submerged, floating,or emergent plants can grow. Since the
bottom mud is warmer, even when shaded, chemical processes are faster than
in a deep lake. Likewise, when agitated by winds, the bottom layer of
nutrients are stirred up and released into the water. All of these condi-
tions tend to make marshes and other wetlands quite sensitive to nutrient
inputs.
While wetlands operate as nutrient filters, they can be easily over-
loaded and thus destroyed. This is exactly what happens with man-caused
eutrophication. Through increased runoff and nutrients from fertilizers
and urban development, the entire process of eutrophication is speeded up.
It is estimated that it can be 100 times as fast as the natural process.
Consequently a marsh area that would have acted as an important nutrient
filter for 1,000 years may only function that way for 10 years once it
is overloaded.
Treating wetlands as settling basins for overland runoff has many
of the same qualifications that apply to their function as nutrient traps.
Removing wetlands will immediately affect adjacent waters by increasing
the flow of dirtier water into them. Wetlands act to hold down turbidity—
the amount of suspended particles in water—by slowing the upland runoff
as it flows through the tangle of wetland plant roots and systems. The
resulting reduction in the force of water flow and the natural catch basin
formed by plant roots allows some sediment to settle out of the water.
Though overland runoff is a natural process which in itself is not harmful
to wetlands, if the speed of runoff or the credibility of the upland soil
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is increased, then wetlands will be overloaded in the same manner they
can be by nutrient inputs.
A simple experiment can make this process clear to a planning com-
mission meeting/ a citizen hearing, or the city council. Take two gallon
jars, one filled with water and silt from a marsh heavily influenced by
erosion, and the other with water and organic bottom material from a
healthy marsh. Then stir them up and leave them sitting on a table.
In ten or 15 minutes the organic matter will settle out and the water will
be clear; however, most of the silt will still be in suspension. As the
meeting goes on into .the night, the silt will still not have settled out.
While it takes the organic matter a few minutes to clear, it will take the
silt two-and-a-half to three days before it will clear entirely. It can be
pointed out that this experiment was performed under ideal conditions, since
a wetland is relatively shallow and fish and wind will be constantly stirring
up the silt bottom.
Turbidity seriously reduces water guality in marshes and other wet-
lands. Suspended particles, dramatically reduce the amount of light reaching
the bottom aild thus give a competitive advantage to particular plant
species. Top growing plants such as algae .or submerged plants
with low light requirements will dominate. Once again man is faced with
smelly algae blooms and oxygen depletion. These suspended particles also
influence the animal life in the marsh. Fish which depend on sight for
feeding—which include all the desirable game fish—will be seriously
affected. The scavenger fish, such as carp and suckers, which are not sight
feeders, will be at an advantage. This change in fish population also
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exacerbates the siltation problem. Scavenger fish are constantly
rummaging through the bottom as they feed and thus keep the silt in sus-
pension.
In these ways agricultural, as well as suburban development, by
increasing siltation in a wetland's watershed, overload and degrade the
wetland's natural filtering system. An experiment conducted in Wisconsin
shows how development accelerates erosion and siltation. The amount of ero-
sion which occurs from corn fields in 50 years would take 15,000 years under
fallow land; 27,400 years under forest; and 171,500 years under grasslands. Since
the farmer has the incentive of preserving as much of the soil in his fields
as he can, we can speculate about the even higher rate of erosion from
construction sites where no such incentive exists. Even a one-time silting
from construction can have a long-term impact on marsh ecology since silt
is slowly flushed out of wetlands and is constantly stirred up by wind and
scavenger fish.
Our public policy protecting wetlands must remember our ability to
accelerate the eutrophication and siltation of wetlands. If the goal is
clean water, we must do more than prevent the dredging and filling of wet-
lands because they filter nutrients and sediments. We cannot treat them as
bottomless settling basins or nutrient traps. We must minimize nutrient
inputs so that wetlands will continue to ad; as filters as long as possible,
and we must control the amount of upland erosion so that wetlands will con-
tinue to trap sediments from runoff. And by regulating nutrient and sedi-
ment flow, we can maintain healthy marshes with diverse plant and animal
communities.
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2. Marshes and the Stability of Water Supply
Wetlands have value to a community because they moderate extremes
in water supply. They retain water during dry periods and hold it back
during floods, thus keeping the water table high and relatively stable.
Anyone who has struggled to get petunias to grow in a window box understands
an important part of how wetlands perform this function. Peat, the organic
material deposited at the bottom of a wetland as plants die, can hold and
maintain large quantities of water. By adding this organic material to
window box soil, it can better withstand the drying effects of the sun and
wind, and thus provide the necessary moisture for the plants. This absorptive
property of the peat makes wetlands natural sponges which reduce the risks
of flooding and drought.
The complete relationship between marshes and groundwater hydrology
is more complicated. In this respect wetlands may have one of three general
characteristics:
1. The wetland is a recharge area for groundwater. (See Figure VI-1.)
Some portion of the wetland's basin extends below and connects
with the water table, the top surface of groundwater.
During periods of heavy precipitation, much of the runoff on the
uplands is moving too rapidly to be absorbed by the soil and
cannot enter the groundwater supply. Since wetlands slow the
flow and hold the water, additional amounts of it are able to
replenish the underground supplies. Then, during dry periods,
the peat of the wetlands will continue to release water, thus
keeping the groundwater supply relatively stable.
The levels of water in the two systems, however, will not be
equal. After a hard rain, especially if overland flow occurs,
water will be higher in the wetlands. Surface water will per-
colate into the groundwater until both levels are about the same.
After a drought, the water level is down in the wetland due to
evaporation, but may be replenished somewhat by groundwater. Even-
tually, however, the groundwater becomes low enough so"that the wet-
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Figure VI-1
Wetlands as groundwaterdischarge and groundwater recharge areas
Period of low precipitation Period of high precipitation
Water collected Groundwater is
and stored in the discharged to
wetland fi Iters down the wetland
to recharge the groundwater
land may dry up. This process is often the most dramatic with
sedge meadows or shallow marshes. These areas are "temporary"
wetlands—with standing water during rains that dry up during
other periods. Because of their semidry hummocks of vegeta-
tion, they have greater absorption capacity during periods of
precipitation and then depend upon contact with the ground-
water during periods of drought. Since these are also the
easiest areas to drain or fill, they are most subject to
destruction, but damaging them means that one is also draining
the groundwater supply.
The wetland is a groundwater discharge. (See Figure VI-1.) Although
this wetland type may receive water from overland flow, it also
obtains water from streams and seepages. Such wetlands are most
important in the arid regions of the West since other land will
be quickly dried by evaporation, but they are also important else-
where. Because they are fed from clean underground water, they
are likely to support different plant populations and be of higher
quality than wetlands which are dependent on overland flow for
their water. And many plants depend on the stable water level
maintained by groundwater flow. •
The wetland is "perched" above the water table, but its basin
floor is sealed by a layer of impermeable clay. In this case,
there is minimal linkage between the wetland and the water table.
The wetland simply acts as a catch basin for overland flow.
During periods of heavy precipitation the basin will fill until
it overflows, sending the rest of the water downstream or into
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an adjacent lake. In this way it functions like a small dam
by reducing the total amount of water in lower areas of the
watershed, thereby reducing flood risk. During periods of
drought/ it loses water through evaporation like the uplands,
but at a slower rate because of soil and plant conditions, and
thus acts as a water hole for farm animals or wildlife.
The cycling of water in wetlands is important to wetland health, as
well as providing man with a natural mechanism which moderates the extremes
of flooding and drought. Many wetland plants and animals depend on fluctua-
tions in water level for their existence. For example, high spring waters
stimulate the growth of sedges, but since they must be slightly above the
water level for effective growth, they depend upon the gradual subsidence of
spring flood waters. Likewise, the lowering of the water table provides
nesting places for ducks and other water fowl. Erratic and unnatural patterns
of water fluctuation, however, will seriously damage these species.
Man's influence on water hydrology generally exaggerates these fluc-
tuations. This can be seen in Figure yr-2. Under natural conditions, upland
runoff is slowed by vegetation. The percolation of this water into the
ground reduces the amount of water entering the marsh and also stores water
in the ground. Under agricultural or urban conditions this process changes.
Greater amounts of precipitation are released to overland flow, covering
wetlands with much higher water in the spring and in turn demanding more of
its water for groundwater recharge in dry periods. If a community is
pumping groundwater for its water supplies, then this fluctuation is exaggerated
even more and marsh ecology is disturbed to a greater degree.
If we want to maintain and stabilize water supplies—to reduce the
danger of floods in other areas of the watershed and to reduce the chances
of drought in the immediate area of the wetland—then we must protect our
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Figure VI-2
Urbanization and wetland water level fluctuation
wetlands. Particularly "temporary" wetlands, the low prairies, the sedge
meadows,and the shallow marshes that are wet part of the year and dry at
other times, must be preserved. These areas are of ten overlooked, but make
important contributions to our water resources.®
3. Wetlands and General Environmental Health and Diversity
Wetlands provide essential breeding, nesting, resting, and feeding
grounds and predator escape cover for many kinds of fish and wildlife.
Since the food webs of land and water are most intimately connected in wet-
lands, they are thus important for supporting a wide variety of both land
and water animals. Likewise, wetlands provide habitats for a wide range of
vegetative communities which could not exist without them. In these ways
wetlands provide the benefits of healthy environment. They are sites for
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recreation, research, and education; they support wildlife and game for
hunting, fishing and trapping, and they add to the aesthetics of the com-
munity. Local government, in turn, is concerned about these benefits
because they are intricately connected with its desire to promote the most
suitable use of land, to prevent nuisance-like uses of land which harm
common resources, and to protect residential quality and the economic base
of the community.
To a large extent, if marshes are successful in performing their
water quality and quantity functions, species diversity and environmental
health will follow as a matter of course. However, it is important to under-
stand why this third function is important and how it works.
Present ecological theory urges that the more varied an environment
is in terms of habitat, flora, and fauna, the more stable it is. Stability
in an ecosystem means the lack of large fluctuations due to inside or
outside disturbances. It depends upon species diversity because the more
channels there are for diverting and dispersing the results of disturbance,
the less likely it is that there will be abrupt population changes.
This process can be appreciated by looking at its opposite—monoculture.
The soybean farmer replaces hundreds of species by, he hopes, only one.
The results are attacks of pests, outbreaks of weeds, and disease. Since
the most important way in which the multitude of species in a natural
community interact is through the food web, it is easy to see why there are
pest outbreaks among the 'crops. With a large amount of one type of food
available, the plant-eating pests, or herbivores, increase rapidly along
with the increase of food supply. The farmer sprays pesticides on the
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pest population, but in the process kills or harms the predator birds
and insects. Since the major natural control of herbivore populations
is by predation, the pest population without its natural check will be-
come even more uncontrollable once it breaks out again.
It is reasonable to assume that the existence of alternate prey
and predator animals will help stabilize populations. The raccoon, for
example, has the eggs of several different species of marsh birds to eat,
as well as crayfigh and numerous other foods. No one single prey popula-
tion will take the brunt of the raccoon's foraging. From the raccoon's
point of view, if one prey population fluctuates, he can still survive.
The presence of several different predator species will, also be important
in controlling populations. A frog, for example, can be eaten by a heron,
a bittern, or an osprey, among others. If one predator population is low,
the others will keep the frogs from becoming too abundant. The same types
of relationships exist throughout the marsh ecosystem. The muskrat, as
a herbivore, keeps the cattail population stable so that it will not choke
the marsh.
Within a healthy, diverse ecosystem, each plant or animal species
will have its own functional position, or niche. A niche is the sum of
the relationships a species has with the rest of the system: what it eats,
how, and when; what temperature it prefers; whether it is active by day
or night; what plants it uses for cover and nesting; and so on. The theory
of the niche assumes that species avoid direct competition by not using
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the same resources in the same way at the same place and time. Niches
may overlap partly, but not completely. Thus species complement each
other, rather than being in constant, direct competition.
Wetland ecosystems are more complex in terms of this species
diversity than some other systems. One explanation is that they have a
number .of edges or boundaries between structurally different vegetation.
At such edges the greatest diversity generally occurs. Along their immediate
uplands wetlands may be surrounded by trees or shrtubs, then as the gradient
declines there will be sedge meadows or shallow marshes, and finally a
change to deep marshes and open water. Each of these areas provides niches
for different plants and animals. Generally man simplifies these systems
by creating conditions unfavorable to certain plants and animals. We can
crowd a marsh so that predators such as the mink and fox do not have enough
escape routes. Or excess nutrients and siltation give a competitive advan-
tage to one species over another, resulting in an imbalance.
By understanding the function of a marsh in providing species diversity
through its niches and edges, it is possible to style a regulatory program
which will be compatible with it. When alterations are necessary along the
edges of the marsh, it is possible to maintain a gradient that will preserve
the diversity. By thinking of wetland systems as a number of marshes
connected by streams or other modes of linear movement, man will have his
homes and the foxes will still have their escape routes. By thinking in
terms of the wetland's function of diversity, it is possible to implement
a public policy goal which says: We want to protect wetlands because they
Q
provide the value of recreation, education, and general environmental health.
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4. Coastal Wetlands
Improving water quality, moderating floods and stabilizing water
supplies, and providing overall environmental health and diversity are
important functions of coastal wetlands, too. But because they are at
the boundary of our land and sea resources, coastal wetlands have several
unique characteristics and ways in which they serve the public interest.
These are described in John Clark's Coastal Ecosystems as the following:
A. Coastal wetlands provide varied habitats for wildlife. Coastal
wetlands are those vegetated partially or completely submerged areas which
occur along the coastline, particularly along the wide continental shelf
of the Atlantic and Gulf coasts. They may lie along the margins of bays,
estuaries, or lagoons, those confined coastal water bodies with varying de-
grees of connection to the sea. They can be freshwater marshes along estuaries
where rivers mix with the sea, or they can be saltwater marshes or tidal flats
fed by incoming ocean tiedes. (See Chart p. 173 for a listing of coastal wet-
land types.) Like inland wetlands these coastal wetlands may be constantly
submerged, or may be alternatively dry or wet depending on the seasonal flow
of rivers or the fluctuations in tides.
These wetlands are not only edges between the land and sea, they are
also edges between fresh and salt water. During spring floods from the rivers
and streams, an adjacent coastal wetland may be predominately fresh, but in
other seasons tidal flow may make its waters predominatel" saline. Since
the life cycles/ of many shellfish, as well as sport and food fish, depend
upon this gradual, variable mixing of fresh and salt waters in estuaries,
bays, lagoons, and their associated wetlands, interference with freshwater
flow into them can seriously alter the natural balance and damage our
fishing industry. The striped bass, for example, requires freshwater
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coastal marshes for breeding, and the Gulf shrimp requires such areas for
reaching maturity.
Channelizing coastal wetlands can alter the fresh groundwater flow
into them, and interception of streams and creeks in dams or alteration of
watercourses can also decrease the amount of fresh water available in an
estuary or bay. Of course, if river water is purified and returned after
use by a city or industry to continue its path to the sea, the availability
of fresh water in coastal wetlands remains sufficient to provide the variety
of habitats needed to sustain many coastal animals and plants.
B. Coastal wetlands are highly productive areas. The many varieties
of plants in coastal wetlands trap nutrients and store them in their leaves
and vegetative debris. These coastal wetland plants and the animals which
feed on them are 20 times more productive than the deep sea and 10 times
more productive than nearshore water areas. Though coastal marshes seem to
have an overabundance of plants and animals, much of the energy stored in the
plants and soil is accumulated and released slowly and is more like a bank
than an overstocked larder.
In part because of this high rate of productivity, as well as the
variety of fresh and salt water habitats, coastal wetlands are used by
over 60-70% of the sport and game fish found in the Atlantic and Gulf of
Mexico for feeding, breeding, maturing, and wintering. Many waterfowl are
similarly dependent on coastal wetlands. Interfering with nutrient avail-
ability, either by decreasing it or increasing it and overtaxing the wet-
land's ability to trap and store nutrients, can damage these highly productive
areas. In southwest Florida, for example, the Fahka Union Canal flushes
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water so rapidly through the bay's mangrove swamp that nutrients cannot
be trapped and stored. Dumping of wastes and polluted water or even
siltation can likewise destroy the health of coastal wetlands.
C. Coastal wetlands are barriers to storms and floods. Like in-
land wetlands, coastal marshes can absorb and retain significant amounts
of flood water from rivers. They can also absorb storm water from the sea,
as well as buffer inland areas from storm erosion. Thus their destruction
can deprive a coastal community of a valuable safeguard against hurricanes
and winter storms.
D. Because of their location along densely populated coastlines,
coastal wetlands are especially vulnerable to disturbances. In addition to
the common dangers of dredging and filling and too much siltation or nutrient
input, coastal wetlands can be harmed by both an increase or decrease in
freshwater flow. They are also highly susceptible to thermal pollution
from power plant discharge, and many breeding fish and their young can be
destroyed by water intake for power plants or municipal supplies, since
many coastal wetlands are partially confined in bays, estuaries, or lagoons,
flushing their waters out to sea is a slow process. Thus, once they are
polluted from waste discharge, dumping, or siltation, or agricultural run-
off, they remain polluted and damaged for many years.10
C. An Evaluation of Local Wetland Regulation
To understand the evolution of police-power regulation over wetlands
it is necesary to look at previous attempts towards their conservation.
These early attempts were mainly concerned with acquisition.
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1. Limitations of Acquisition Programs
In 1961 the federal government passed the Open Space Land Act.
This Act provided matching funds from the federal government for open
space acquisition. A number of local communities took advantage of the
federal assistance to make purchases of important wetlands areas. From
1961 to 1963 the city of Madison, Wisconsin authorized expenditures of
$1,600,000 for acquisition for conservation and park lands. Part of the
funds was used to acquire 1,000 acres of the 4,000 acre Cherokee Marsh.
Federal funds supplemented this money with $209,000. Similar acquisition
programs also occurred on Long Island. Dedication of 10,500 acres of wet-
lands in 1965 by the Town of Hempstead and 5,000 acres by Oyster Bay in
1967 now accounts for 15,500 acres in Nassau County under protective local-
state management via the Long Island Wetland Act.
Acquisition programs, however, have severe limitations. The first
of these is cost. Wetlands do not bring high prices themselves, but when
purchasing wetlands, local communities find themselves paying for the develop-
ment value of the land. In 1968, the appraised values of Long Island wet-
lands ranged from $3,500 per acre in the Hamptons to as high as $20,OOO
per acre in Nassau County. At that time the purchase price for all the re-
maining tidal marshes alone was calculated to be a minimum of $94,000,000.
Consequently, when considering the size of the nations wetlands, it is clear
that acquisition is only feasible for a very small percentage of the whole.
The second limitation of acquisition is that it is too slow. Acqui-
sition programs are generally scheduled over several budgetary periods.
With each passing period, the value of the land increases and the cost of
acquisition increases. Further, as the time frame is extended, wetland
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resources are lost to continuing development. This leads to a situation
where the size of the available resource is shrinking coupled with in-
creased unit prices. In this situation, local communities often stop the
acquisition program rather than spend more dollars for less wetland.
The third limitation of acquisition concerns the scale of purchase.
In almost all cases, acquisition is limited to the specific site of the
resource. Unfortunately, the preservation of the wetland acquisition can
be meaningless if not accompanied by watershed-wide measures of protection.
In this instance, the local community could well end up with a wetland
resource in a totally degraded state. Acquisition cannot account for the
larger watershed.
A good example of the failure, of acquisition is with the previously
mentioned Cherokee Marsh in Madison, Wisconsin. Since the advent of the
acquisition program,- the marsh itself has dwindled from 4,000 acres down
to 2,000 acres. The marsh sits in the path of suburban development. With
each passing budgetary period,the once operative marsh is becoming less
and less ecologically stable. There is the serious danger that the city
will lose its entire investment due to pollution and siltation from
surrounding development. Consequently, the acquisition program may easily
result in public ownership over a limited area which is no longer a functioning
marsh. In a report currently being conducted for the relevant planning
agency, these concerns are outlined in depth. Since it is clear that acqui-
sition is not sufficient, the report will suggest a move to police power
regulation.
The failings of acquisition suggest a positive role for wetlands
regulation. In contrast to acquisition, regulations are relatively inex-
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pensive, they are timely, and they can account for the influence of the
larger watershed.
2. Wetland Conservancy Districts
The most striking development in the local regulation of wetlands
has been the wetland ordinances or wetland conservancy districts. While
not all of these acts are in the zoning ordinances, they function either
as special districts or overlay districts that are designed to encompass
most, if not all, of a community's wetlands. They all follow a basic
pattern and attempt to implement many of the public policy considerations
outlined in the previous section. One can obtain a feel for their compre-
hensiveness of concern in the statement of purpose for the New Castle,
New York Wetland Ordinance:
Rapid "population growth attended by housing, roads and other
construction and increasing demands upon natural resources
is found to be encroaching upon, despoiling, polluting, or
eliminating many of the Town's wetlands, water bodies, water
courses, and other natural resources and processes associated
therewith.
The preservation and maintenance of wetlands, water bodies and
water courses in any undisturbed and natural condition consti-
tutes important physical, ecological, social, aesthetic recrea-
tional and economic assets necessary to promote the health,
safety and general welfare of present and future residents of
the Town and of downstream drainage areas.
It is the intent of this Law to promote the public purpose
identified in this Section by providing for the protection,
preservation, proper maintenance and use of the Town's wetlands,
water bodies and water courses by preventing or minimizing erosion
due to flooding and storm water runoff, maintaining the natural
groundwater supplies, preserving and protecting the purity,
utility, water retention capability, ecological functions, recrea-
tional usefulness and natural beauty of all wetlands, water bodies,
water courses, and other related natural features of the terrain,
and by providing, protecting and appropriating for natural wildlife.
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These statements vary somewhat in their focus. The Orono, Minnesota
Wetland Ordinance, for example, has less focus on strict preservation
and adds a list of specific intents which stress the importance of wetlands
to the community in terms of (1) reducing future costs from pollution of
adjacent waters or; (2) from the possible necessity of installing flood
control devices or; (3) from running into difficulty with groundwater
supplies. Like the New Castle ordinance, however, all of them are responding
to the major concerns about wetlands: they seek to maintain them as an
ecological system which functions to purify water, to maintain groundwater
stability, and to provide species diversity.
In order to maintain these functions, the regulations generally
follow the prescription of: (1) Use lists limited to jjonintensive uses
so as to minimize the impact of development on the wetland; (2) Restrictions
on dredge and fill so as to maintain identity of the marsh.
Dredge and fill restrictions vary in their intensity. In some cases,
the activity is entirely prohibited. For example, in the Orono, Minnesota
ordinance:
No filling, grading, dredging, excavation or construction shall
be allowed within the Flood Plain and Wetlands Conservation Area;
nor on lands abutting, adjoining or affecting said area if such
activity upon those adjacent areas is incompatible with the poli-
cies expressed in this ordinance and the preservation of those
wetlands in their natural state.
Generally, however, the wetlands ordinances keep a permit procedure typical
of general excavation ordinances. As in the Little Silver, New Jersey
ordinance the prohibitions are the same as the Orono ordinance except that
it is unlawful "without obtaining a written permit." The permit procedures
require detailed information on the purpose of the removal or disposition
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operations, the exact nature of the activity, and the manner in which it
will be done. Then, through a process of hearings and reviews by the
Borough Council, the Borough Engineer, the Planning Board,and the Conserva-
tion Commission, a decision is made.
The wetlands ordinances are less specific about other construction
activity. In contrast to the Orono statement, few make reference to activi-
ties on adjoining lands which may seriously damage the regulated area.
Most include activities only within the wetland itself.
This lack is one of the chief weaknesses of the wetlands ordinance.
By their nature, they are strictly focused on the wetland themselves.
The boundary definition in the Coon Rapids Conservancy District illustrates
this point:
District boundaries in a wetland area are intended to represent
the edge of a swamp, marsh or other wetland area. The edge
shall be defined as the mark delineating the highest water level
which has been maintained for a sufficient period of time to
leave evidence upon the landscape. The edge is commonly that
point where the natural vegetation changes from predominantly
aquatic to predominately terrestrial.
Other ordinances, such as that recommended in the Virginia Wetland Act,
identify the areas by specific plant types to avoid the confusion of what
is predominantly aquatic and what is. not, but in such cases the regulated
area only includes the wetlands themselves without any buffer protection.
3. Mapping Wetland Districts
The boundary of wetland and fringe districts present a second problem
for the wetland ordinances. As shown in the previous section, the exact
boundaries of wetlands are difficult to establish. They fluctuate from year
to year depending on seasonal rainfall, and their boundaries change as the
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wetlands adjust to either natural or manmade disturbances. They can
either expand or contract from these disturbances. The USGS is presently
doing research on large scale and satellite mapping of wetlands—specifically
coastal wetlands—but at the present moment the best methods are still low
altitude aerial photography with some field research. This method, however,
can involve considerable expense. Such an inventory may be a worthwhile
expenditure since it would allow a community to evaluate their wetlands
in terms of their quality and specific threats to their health. Dane
County, Wisconsin/and New Orleans, Louisiana,have gone to such expense and
have gained considerable information from it.
In lieu of this procedure, communities have taken one of two tactics.
They have either placed the wetland ordinance outside the usual zoning
ordinance and left it unmapped, or they have set up tentative mapping pro-
cedures with mechanisms for adjusting them for inaccuracies. The Open Space
Institute's model ordinance takes the first method. In this case, the
community relies on the definition section of the ordinance to establish
what is controlled and what is not. The model ordinance develops both a
scientific description and a legal definition of marshes based on water-
table or flooding and definitive plant species. However, most communities
(such as North Castle, New York), however, rely on more vague definitions:
Wetlands: Those geographical areas covered with shallow and
sometimes temporary or intermittent waters (commonly referred
to as marshes, swamps,and bogs).
There may be serious administrative problems with these more general defini-
tions .
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Because of the difficulty and ambiguity in the definition of wet-
lands, most communities have adopted mapping procedures instead. In this
case, the wetland ordinance has been placed in their zoning ordinances
as a mapped district. As an interim measure, until they have the time and
money for a more extensive field inventory, Orono, Minnesota has used the
USGS maps:
Those areas designated and shown as marsh, wooded marsh, sub-
merged marsh, inundation area, intermittent lake or intermittent
streams by the United States Department of the Interior, through
the Geological Survey on maps and supporting data designated as
Mound Quadrangle, Minnesota (NW/4 Lake Minnetonka, (1958). Those
maps are hereby made a part of this ordinance.
The maps are reviewed by field investigation on a case by case basis
when the boundaries are questioned by a landowner. Farmington, Connecticut,
has a similar procedure using the National Cooperative Soils Survey: "To
prove himself exempt from these regulations the applicant must present documen-
tation by a soil scientist that the land in question, or a portion of it,
does not have a soil type classified by the National Cooperative Soils
Survey as poorly drained, very poorly drained, alluvial, or floodplain."
This mapping procedure was recommended by the Connecticut Inland Wetlands
Project.
4. Defining Use Lists for Wetlands
Besides the problem of defining wetlands and the associated problems
of the scale of regulation, the wetlands ordinances have other internal prob-
lems that are as yet unresolved. The most serious is designing the permitted
acts which allow a landholder to obtain just return on his investment. The
model wetlands ordinance design for the Open Space Institute lists the
typical permitted acts:
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a) Conservation of soil, vegetation, water, fish, shellfish
and wildlife.
b) Outdoor recreation including play and sporting areas, field
trials, nature study, hiking, horseback riding, swimming,
skin diving, camping, boating, waterskiing, trapping, hunting,
fishing and shellfishing where otherwise legally permitted.
c) Operation of dams and other water control devices including
temporary alteration of diversion of water levels or circula-
tion for emergency, maintenance or aquaculture purposes.
d) Grazing, farming, nurseries, gardening and harvesting of crops.
e) Boat anchorage or mooring.
f) Uses accessory to residential or other permitted primary uses
of adjoining lands or waters provided they are consistent with
the intent and objectives of this law.
Other ordinances do include some additional uses. The Lincoln, Massachusetts,
Wetland District also permits "dams, excavations, or changes in water courses
to create ponds for swimming, fishing,or .other recreational or other agri-
cultural use, scenic features or for drainage improvements." Presumably
this use would allow for more commercial recreational development in the
district which in turn would give greater return on the land.
The difficulty with this list is that those which are designed for
allowing return on the land, such as farming or artificial impoundment of
waters, could also cause severe damage to wetland functions. It is easy
to imagine that a house resting on stilts above the wetland edge will have
less effect on the wetlands than a herd of cows or a sod farm. Because
peat oxidizes at a slow rate, any agricultural production will have to
reply on the heavy use of fertilizers, and grazing will trample and destroy
the vegetation during periods of low water so that the marsh ecology will
be seriously disturbed. Consequently,these traditional light uses of grazinng
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and agriculture may be more damaging than some of the land uses that are
usually associated with higher intensity use.
Such conflicts are hard to resolve. With the present style of land-
use regulation it is impossible to allow residential or other developments
as permitted uses in these areas because traditional construction techniques
make them incompatible. On the other hand it is unclear if the courts will
permit the severe restrictions that it is necessary to impose. As Fred
Bosselman, et al. outline in their book, The Taking Issue, the court position
of the regulation for the protection of wetlands and estaurine areas is
changing. In 1963, the New Jersey Supreme Court rejected an ordinance
which created a Meadows Development Zone.12 The regulation allowed a variety
of agricultural uses, limited residential use in conjunction with the agri-
cultural uses, outdoor recreation uses, public utility transmission and
sewage and water facilities. It also allowed other uses through a special
permit system. The Massachusetts Supreme Judicial Court reached a similar
conclusion in MacGibbon v. Board of Appeals of Duxbury:
The preservation of privately owned land in its natural, unspoiled
state for the enjoyment and benefit of the public by preventing
the owner from using it for any practical purpose is not within
the scope and limits of any power or authority delegated to muni-
cipalities under the Zoning Enabling
The Massachusetts court, however, diminished this decision a year
later in Golden v. Board of Selectmen of Falmouth. The Court found that
"protecting the town's natural resources along its coastal areas" through
a permit system was a legitimate exercise of local zoning powers. Only
when permit denial was "based on a legally untenable ground, or [was]' un-
reasonable, whimsical, capricious or arbitrary," would there be grounds for
14
Court intervention.
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The change in the trend in judicial handling of these wetland cases
had continued with the appellate court of California sustaining
an order of the San Francisco Bay Conservation and Development Commission
prohibiting filling of the Bay, and with the Wisconsin Supreme Court decision
in Just v. Marinette County. 5 This latter decision gave approval to shore-
line regulation/ including wetlands protection which was beyond the "single
objective" regulations of flood hazards. Jon Kusler, points out, however,
in his article on open space zoning, that the courts have traditionally
given great weight to regulations designed to protect public -afety or
prevent nuisances, while aesthetic, wildlife, and recreation values have
been given less weight. The courts also look unfavorably on zoning regula-
tions which essentially provide only uses of public benefit and do not give
the options of economic gains from private use.
There is no doubt that the wetlands ordinances are highly restrictive
and may be challenged on that ground. The one private economic use—farming
and grazing—may not be enough to satisfy a court that there has not been
a taking without just compensation. At present, however, it looks like the
communities need additional support for their actions. They cannot rely on
the simple aesthetics of wanting to keep the marshes beautiful; they need
to base their regulation on those functional qualities of marshes which re-
late to public safety and the prevention of nuisance-like uses of the land.
Most of the communities with wetlands ordinances have not run into legal
difficulty. In part this may be simply due to their recent origins, but it
is probably also due to the fact that the communities are forestalling court
fights by building in as much flexibility as possible. Also, there has been
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little challenge to such ordinances since protective boundaries are
generally the waters edge of wetlands, there is not much economic use
without dredging and filling—essentially removing the wetlands. Likewise
because many wetlands tend to be small areas strung out along stream
courses or glacial morraines, the restrictions have not prevented landowners
from using their uplands and have not caused substantial loss of them.
Except in extraordinary cases, an individual would not invest in marsh land
and nothing else, and if he knows there are restrictions on draining and
filling it becomes even less likely.
D. Developing and Strengthening Local Wetland Programs
While wetlands regulations surmount many of the difficulties associated
with the sole reliance upon acquisition, there haye been serious internal
problems. The most important of these are: (1) The problem of the restrictive
use list; (2) The problem of controlling developmental activity in areas
adjacent to wetlands; and (3) The problem of controlling key natural processes
in the attendant watershed. The resolution of these issues would go a long
way in-maintaining the quality of the wetland resource.
1. Maintaining Use-List Flexibility
Since a highly restrictive use list strikes at the legal force of
the regulation, it is important to instill some flexibility. Further, since
some of the traditional "light" uses are clearly detrimental to the wetland
resource, it is also advisable on environmental grounds.
The key property of a more flexible use list would be its emphasis
on the performance of the use vis-a-vis the wetland resource. So long as
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the development proponent can show that the use will be compatible with
the functions of the wetland, the use would be permitted. An example
of this performance oriented approach is taken from the Coon Rapids,
Minnesota, Wetlands Conservancy District. In this district, a special use
category allows for development when it is "compatible and harmonious with
the natural amenities of the Conservancy District":
(d) Special Uses. If through good site and engineering designs
a development can be created which is compatible and har-
monious with the natural amenities of the (CD) Conservancy
District area and with surrounding land uses, then a request
for a Special-Use Permit for such development may be submitted."
Such requests shall be accompanied by an overall plan of the
entire site showing roads, parking areas, lot lines, easements,
the location of tree cover, including the designation of indivi-
dual trees of 15" in diameter or more, the location of other
natural and biological features such as wetlands and areas of
valuable wildlife habitat, the location of proposed structures,
existing contours and proposed grading, drainage, utilities,
and landscaping in such details as the City Planner and City
Engineer shall require before it may be reviewed by the Planning
Commission. The approval of such request by the City Council
shall require a finding that:
(i) The development will not detrimentally affect or destroy
natural features such as ponds, streams, wetlands, and
forested areas, but will preserve and incorporate such
features into the development's site design.
(ii)" The location of natural features and the site's topo-
graphy have been considered in the designing and siting
of all physical improvements.
(iii) Adequate assurances have been received so that the clear-
ing of the site of top soil, trees, and other natural fea-
tures before the commencement of building operations will
occur. Only those areas approved for the placement of
physical improvements may be cleared.
(iv) The development will not substantially reduce the natural
retention storage capacity of any watercourse, thereby
increasing the magnitude and volume of flood at other
locations.
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(v) The soil and subsoil conditions are suitable for
excavation and site preparation and the drainage
is designed to prevent erosion and environmentally
deleterious surface runoff.
(vi) The development will be free from offensive noise,
vibration, smoke, dust, and other particulate matter,
odorous matter, fumes, water pollution, and other ob-
jectionable influences.
(vii) The petitioner will be substantially damaged by being
required to place the intended development outside
the CD District.
This special-use statement recognizes that there may be developments which
fit with the natural environment and should not be excluded. It emphasizes
the reasonableness of the community to consider alternatives to the use
categories they have specif ied and sets out some general guidelines for
accepting or rejecting the proposal. This clearly provides the landowner
a means of potentially using his land.
" Density transfers are another technique for providing flexibility in
land-use restrictions. These allow landowners to shift their development
rights from one part of their land to another. Density transfers are similar
to development rights transfers except that they are not sold on an open
market. They work by a formula which relates developable land to wetlands.
The Orono ordinance allows the developer to count an equal portion of the
wetlands as he has developable land:
When land to be developed is connected to a public sanitary
sewer line and includes land within the Flood Plain and Wet-
land Conservation Area, the owner or developer thereof will
be credited with an amount of his land within the Flood Plain
and Wetlands Conservation Area equal to but not exceeding the
amount of his adjacent land which otherwise qualifies for de-
velopment under these ordinances for purposes of complying with
the land-use density, open space, building-unit-to-land-area
ratios,or other similar requirements of the land development
and zoning ordinances of the Village except for requirements
for recreational uses.
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Palatine, Illinois, also uses this technique in their floodplain ordinance.
They have developed a sliding-scale formula: the greater the percentage
of total property in the flood plain, the less the percentage of that
area which can be used to calculate density and floor area transferable
to the remainder of the tract. They have also included a provision
which allows contiguous land owners with less than five acres to assemble
property with adjacent owners to develop a unified plan. They hope this
will lead to more integrated land planning in these areas:
5. Density Transfer. The Flood Plain Areas in calculating
the floor area or lot-size density for an entire tract
of land (hereinafter referred to as "density transfer")
in accordance with the following conditions and restric-
tions :
(a) Density transfers shall not be permitted for tracts
of land less than five (5) acres in size; provided
that owners of two or more tracts of contiguous land
may agree to have such tracts considered as a single
unit in order to qualify for density transfers here-
under.
(b) A plat of survey shall be submitted with each applica-
tion for density transfer, together with a certifica-
tion by a registered professional engineer in the State
of Illinois, certifying as to that portion of flood
plain which covers the subject tract or tracts of land.
Precise location of the flood plain shall be shown on
a topographic map at a contour interval of not greater
than two (2) feet.
(c) The maximum allowable density which may be transferred
shall be computed in accordance with the following
table:
Portion of Tract in Flood Plain
Percentage of Total Tract Which May be Used in Calculating
'_ in Flood Plain Density for the Entire Tract
Less than 25% 100%
25% to 50% 75%
50% to 75% 50%
75% or more 25%
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(d) The President and Board of Trustees may prescribe such
other reasonable limitations, conditions and restric-
tions upon transfer of density in each case as are in
the interests of preserving the public safety, health,
comfort, and welfare.
Similar techniques are employed by allowing the wetlands to count as yard
requirements or open space requirements in either residential zones or
planned unit developments.
The courts have frowned on highly restrictive districts which continue
to tax and assess the land on the basis of developed use. The communities
cannot restrict all uses and still continue to levy taxes or assessment
which assume that a land will be developed. Most communities have attempted
to adjust for this consideration by developing special tax and assessment
policies. It is difficult to do this with the property tax since it goes
against the uniformity requirements of constitutional provisions in many
states. Presumably the value of the land will decline because of the local
government's restrictive regulation. The uncertainty of whether a purchaser
will be able to use the land through a special-use permit or through variance
procedures or zoning changes should depress the value of the land. Logically
this will lower the property tax assessment against the land, but unfortunately
these assessments are a reflection market value, and the market does not
follow local zoning considerations.
One way, however, of giving special tax consideration to these lands
is through some process of easements or dedications which do not necessarily
require public access. If the landowner provides the community with a
permanent scenic or conservation easement to run with the land, then the
valuation of the land can be adjusted for the purposes of real estate taxa-
tion. In addition the landowner can use the value of the easement for an
income tax deduction as a contribution or gift.
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Some communities have put such provisions into their wetland
ordinances. This has the advantage of publicizing this possibility to
landowners, and it also places responsibility on the community for accepting
any of these easements and adjusting property taxation accordingly.
A more general technique for providing a landowner a financial con-
sideration for his land is to remove his obligations of special assessments
to defray the cost of municipal improvement projects such as sanitary
sewers, water mains and storm sewers. These assessments represent a much
smaller amount of revenue than the property tax, but it does provide a break
for the landowner. Since the special assessments are not a tax, the community
has much discretion in administering them. The only requirement is that they
cannot charge more than the special benefits derived, but they can defer or
adjust to them. Consequently, most communities do not count the area within
the wetland protection district when calculating these assessments.
There is some advantage in deferring rather than zero assessment for
these areas since it would deflate the value of the land for development.
This would operate as a check on a landowner taking advantage of a special
assessment break and then trying to develop the land later when the value
has increased. Another check on this abuse is to require an easement in
the same manner as that for property tax devaluation. If the easement route
is taken, then these conditions are included in the wetlands ordinance.
2. Buffers to Control Development Activity Adjacent to
the Wetlands District
Obviously, it makes little environmental sense to place strict controls
over the wetlands and ignore activities occurring at the boundaries of the
wetland district. Hence, the buffer concept is a useful device whose essen-
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tial purpose is to maintain compatible development adjacent to the wet-
lands district.
Areas adjoining wetlands districts tend to exhibit continued sensi-
tivity. Sensitive soils, watercourses, steep slope areas, recharge areas
are often found in close proximity to wetland areas. Further, even if
the adjacent land is not sensitive in itself, the proximity to the wetland
calls for special attention. The buffer zone can provide this attention.
A wetland buffer zone can follow two basic approaches. First, the
buffer can be a fixed area from the boundaries of the wetland district.
This might range from 50 feet to 200 feet depending on the importance of
the wetland area. Second, the buffer might take a minimum fixed area,
coupled with the flexibility to incorporate sensitive land areas beyond the
fixed area. The Central New York Regional Planning Commission has recommended
that the wetlands regulation include a 1,000-foot buffer with a limitation
of five per cent impervious surface within this area. In Washington, the
Shoreline Management Act established a buffer zone running 200 feet in all
directions from the mean high water line to all wetlands above a minimum size.
Within this fixed area, the objective is to establish stringent environmental
controls over a larger list of permitted or special uses. Key among the
controls would be protection against the by-products of increased use,
as liquid wastes, runoff, erosion, and sedimentation. The control could be
exercised through limitations on impervious surface, through extensive per-
formance requirements for control of erosion and runoff, or in the case of
liquid waste,through stringent regulation of private sewer systems. If
commercial and industrial uses were allowed in this zone, it would also be
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necessary to give careful attention to the possibility of waste disposal
resulting from internal commercial processes. In most cases, the objective
should be to limit commercial and industrial uses to those with no signifi-
cant liquid waste products.
The floating buffer would be directed toward essentially the same
purposes. The use list might be expanded, but more stringent controls would
be placed on the by-products of the various uses. With the floating buffer,
the local community might establish a minimum buffer,coupled with the poten-
tial to expand depending upon the presence of related sensitive land areas.
The dimensions of the buffer could easily be taken from maps indicating soil
type, slope, drainage patterns, etc. The buffer boundary would vary with
the presence or absence of adjacent sensitive land areas. For any specific
development within this area, the proponent would be required to show the
relation between the proposed use and related sensitive land areas. In
this way, the buffer could float and account for the sensitivity of land.
The principal disadvantage of the floating buffer is simply the
availability of the requisite information. In those areas with a paucity
of environmental information, the fixed buffer would be more attractive.
In those areas with extensive topographical information, the floating
buffer would make more sense. In both cases, the objective of the buffer
is to allow for an expanded range of uses while placing strict controls
over the by-products of these uses. The use of the buffer zone complements
the basic wetlands control in serving to minimize negative developmental
consequences in lands adjoining the wetland area.
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3. Controlling the Attendant Watershed
The final difficulty with, the sole reliance upon wetlands districts
for preserving the wetlands is simply that the wetland is, in large measure,
a reflection of the larger watershed. What happens in the watershed will
eventually happen in the wetland. Consequently, the effectiveness of wet-
lands regulations is closely tied to the effective control of development
in the watershed.
In the watershed, two key natural processes are directly related to
health of the wetland. These are the processes of runoff and erosion.
Under natural watershed conditions, the wetland is generally able to control
and maintain its important functions. However, as the watershed becomes
progressively more developed, the capacity of the wetland to deal with
erosion and runoff is overwhelmed. To maintain the wetland, the processes
of runoff and erosion must be controlled throughout the watershed. With
no control, presence or absence of wetland districts would make little
difference. This control is a precondition to wetland regulation.
A more complete discussion of the necessity for and the methods of
control over these natural processes is contained in Sections IV of this
report. The design of wetland regulations should only occur in the context
of these larger controls. If these watershed controls exist, then the
wetland district receives critical environmental support. If not, the
long-term effectiveness of wetlands regulation would be in serious question.
Wetland regulation surmounts many of the difficulties associated with
sole reliance upon acquisition. The regulations cover broader areas, may
be quickly designed and implemented, and allow for wider public participation.
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However, in order to preserve the important functions of the wetland
they should be complemented by the use of bui jr zones for adjacent areas
and by watershed-wide controls over runoff and erosion. In facing
the problem of restricted use lists, wetland and buffer zone regulations
should allow for special uses. The basic principle in the evaluation
of the special uses would simply be that the uses would be compatible
with the maintenance of the important functions of the wetland. Local
communities might also consider the use of density transfers or perhaps
transferable development rights to preserve these functions while, allowing
for additional uses in less sensitive areas.
In accounting for the negative influence of development at the
wetland site, in adjacent land areas, and throughout the attendant watershed,
local communities will move closer to the real goal of wetland regulation.
The goal is to preserve the important functions of the wetland,such as
moderating water flow, filtering water for adjacent lakes and rivers, and
providing species diversity for an area. In this more inclusive regulatory
framework the goal is more likely to be achieved.
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FOOTNOTES
1. Samuel P. Shaw and C. Gordon Fredine, Wetlands of the United States.
Their Extent and Their Value to Waterfowl and Other wildlife (Washing-
ton, D.C : U.S. Government Printing Office, 1956), pp. 5-9.
2. Peter L. Johnson, Wetlands Preservation (New York: Open Space Institute,
1969), pp. 9-12.
3. "Need Land? Then Take a Look at Marshland," House and Home (April 1958) ,
pp. 146-52.
4. Johnson, pp. 9-12.
5. The EPA policy on wetlands is outlined in the Federal Register, Wednesday,
May 2, 1973, p. 10834.
6. John Clark, Coastal Ecosystems. Ecological Considerations for the Coastal
Zone (Washington, D.C : Conservation Foundation, 1974).
7. For figure sources and a more detailed discussion of eutrophication and
wetlands as sediment and nutrient traps see the following: Barbara Bedford,
Elizabeth H. Zimmerman and James H. Zimmerman, Wetlands of Dane County,
Wisconsin (Madison, Wis : Dane County Regional Planning Agency, 1975, pp.
11-10 to 11-17. (Page citation to early draft.)
8. For an in-depth study of wetland hydrology and management, see:
Harriet A. Irwin, A Natural History Study of East Marsh of the Univer-
sity of Wisconsin Arboretum, M.S. Thesis (Madison, Wis : Department of
Botany, University of Wisconsin, 1973).
9. For further reading on the concepts of ecological diversity and succession
see the following sources:
Bedford, pp. 11-18 to 11-35;
Robert L. Smith, Ecology and Field Biology (New York: Harper and Row, 1966),
Chapter 6;
Eugene P. Odum, Fundamentals of Ecology (Philadelphia: W.B. Saunders,
1971), p. 148.
10. Many of the concepts included here are discussed in terms of freshwater,
inland wetlands. However, much of what has been said is applicable to
coastal, saline wetlands. For further reading on coastal wetlands speci-
fically, see the following sources:
Clark, op. cit.;
John and Mildred Teal, The Life and Death of a Salt Marsh (Boston:
Atlantic Monthly Press, 1969).
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11. Fred Bosselman, David Callies, and John Banta, The Taking Issue
(Washington, D.C.: U.S. Government Printing Office, 1973), p. 214.
12. 40 N.J. 539, 193 A.2d 232 (1963).
13. 356 Mass. 696, 255 N.E.2d 347 (1964).
14. 265 N.E.2d 573 (Mass. 1970)
15. 56 Wis.2d 7, 201 N.W.2d 761 (1972)
16. Jon A. Kusler, "Open Space Zoning: Valid Regulation or Invalid Taking,"
Minnesota Law Review (Nov. 1972), p. 21.
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BIBLIOGRAPHY
Bedford, Barbara L., Elizabeth H. Zimmerman and James H. Zimmerman. Dane
County, Wisconsin. Madison, Wisconsin, Dance County Regional Pig. Agency, 1975.
This report of a study for the Dane County Regional Planning Com-
mission is an example of an excellent wetland inventory including
an analysis of special values of individual wetland areas. Special
attention has been given to finding compatible uses for wetland-.;
areas of the county and recommending management techniques to pre-
serve these values.
Clark, John. Coastal Ecosystems. Ecological Considerations for the Coastal
Zone. Washington, D.C., The Conservation Foundation. 1974. 178 pp.
A guidebook that has compiled a large amount of ecological data on
coastal ecosystems and applied the relevant information to make an
excellent statement on protection of coastal resources. Contents
include: Ecologic Considerations, Environmental Disturbance, Resource
Evaluation and Protection (lists 15 types of coastal areas in this
discussion), and finally a chapter on constraints and specific uses
for coastal areas, from airports to mosquito control. An excellent,
comprehensive study of the coastal zone management issue.
The Connecticut Arboretum. Preserving Our Freshwater Wetlands. Bulletin
No. 17. (New London, Connecticut: Connecticut College, June 1970). 51 pp.
Documents the value of freshwater wetlands and describes preservation
methods. Especially useful is an article on "The Ecology of Wetlands
in Urban Areas," and a reprint of the now out-of-print Open Space
Institute Wetlands Ordinance.
Lavine, David. Implementation Aids for Inland Wetland and Watercourse Agen-
cies. (Middletown, Connecticut: Connecticut Inland Wetlands Project.
1973). 24 pp.
A guide to agencies administering the state's Inland Wetlands Act.
Offers assistance in inventorying wetlands and watercourses, rates
the compatibility of various activities with wetlands, and gives a
checklist for administering application procedures. Some biblio-
graphic material.
Smith, Robert L. Ecology and Field Biology. New York. 1966.
An excellent basic ecology textbook with chapters on wetlands and wood-
lands. Chapter 9, Bogs, Swamps, and Marshes, and Chapter 11 on Estuaries,
Tidal Marshes, and Swamps describe the ecosystems of freshwater and
coastal wetlands. Not overly technical.
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A SELECTED LIST OF COMMU*'TIES WITH WETLANDS REGULATIONS
Coon Rapids, Minnesota
Planning Department
1313 Coon Rapids Boulevard
Coon Rapids, Minnesota 55433
Town of North Castle, New York
Town Clerk
Town Hall
Armonk, New York 10504
Dartmouth, Massachusetts Orono, Minnesota
Planning Board Planning Department
Town Office Building P.O. Box 66
South Dartmouth, Massachusetts 02748 Crystal Bay, Minnesota 55323
Easthampton, New York
Planning Department
Town Hall
Easthampton, New York 11937
Farmington, Connecticut
Planning Department
Town Hall
Farmington, Connecticut 06032
Hempstead, New York
Planning Department
Town Hall
Hempstead, New York 11551
Lincoln, Massachusetts
Planning Department
Town Hall
Lincoln, Massachusetts 01773
Little Silver, New Jersey
Planning Department
Town Hall
Little Silver, New Jersey 07739
Nashua, New Hampshire
Nashua Regional Planning Commission
115 Main Street
Nashua, New Hampshire 03060
Town of New Castle, New York
Town Clerk
Town Hall
Chappagua, New York 10514
Richmond, California
City Planning Department
City Hall, Civic Center
Richmond, California 94804
Smithtown, New York
Town Planning Board
P.O. Box 757
Town Hall
Smithtown, New York 11787
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DATA NEEDS AND TECHNICAL ASSISTANCE
Since wetlands types range from wet prairie to deep cattail marsh
and are characterized by different vegetation and water levels, identifica-
tion of wetland areas is somewhat difficult. The cyclical and fluctuating
nature of wetland water levels adds another element of confusion to mapping
them. If you need basic information on where your community's wetlands are
located or whether or not any exist in your area, the State Geological
Survey has topographic quadrangle maps that indicate the locations of wet-
lands. The maps are available for almost all areas of the country in a
15-1/2 degree scale and for some areas at 7-1/2 degree scale (get the 7-1/2
degree scale if they have it; they are more detailed) , and are available
at many public and university libraries, selected bookstores and from the
USGS Distribution Branches in Arlington, Virginia; Denver, Colorado; and
for Alaska in Fairbanks. There is an index map for each state that indicates
which topographic map will cover your local area.
Since peat soil occurs in wetlands, the SCS soil maps are also help-
ful in identifying the location of wetlands through soil types. Pew
libraries carry these, so go directly to your local SCS office if you know
where it is. If not call the State Conservationist to find out (See
Appendix E, page 512).
Now you know where the wetlands are. The next step is to identify
the type of wetland and evaluate its relative state of health. This requires
a plant and animal inventory and an estimate of the degree of sedimentation
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that has occurred. You'll need somebody who is a field ecologist, field
botanist, game biologist or any naturalist type who has a knowledge of wet-
land vegetation and wildlife. The SCS and Cooperative Extension Service,
who work very closely together in some areas, have people who fit these
descriptions. Within the SCS you should go directly to the state conserva-
tionist, (see Appendix E, page 512), who has access to professionals—in-
cluding soil scientists, biologists, hydrolegists, economists, foresters,
and other people that are involved in natural resource conservation. The
state conservationist can refer you to a district or local office of the SCS
and consequently to people who have a more specific knowledge of the land
area in question.
Since the Cooperative Extension Service is also a part of the USDA,
some of their personnel may overlap with:the SCS. The CES operates out
of the land grant universities and colleges that exist in every state. As
part of the CES there is a county agent in almost every county seat in the
nation who could be contacted through the regular county offices. The agent
can draw upon the resources of the cooperative university for expertise in
a vast number of professional fields. If you would rather find the pro-
fessionals yourself, the Agriculture Department handbook number 305, avail-
able at libraries and through the SCS in Washington, D.C. is a directory by
state and area of expertise of all of the people working for the Extension
Service.
There are a number of private organizations that maintain an interest
in preserving wetlands, some of which have scientists and professionals that
could offer assistance in evaluating wetlands and other natural area. The
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National Wildlife Federation and National Audubon Society have local
chapters throughout the country whose memberships include these people
and other amateur naturalists who have an interest in conservation and
may be willing to volunteer some time to take a look at your wetland.
With regaxd to wildlife use of a wetland, the U.S. Fish and Wild-
life Service, formerly the Bureau of Sport Fisheries and Wildlife, and
state and local game biologists can tell you what kinds of waterfowl,
game fish, and endangered species use a given wetland. You can find out
who that is by calling the closest regional office of the USFWS and asking
for the Associate Director for Federal Assistance, who will refer, you to
the state wildlife commission or state game biologist. (See Appendix c, page 510)
By now you should have some idea of the environmental value of your
wetland, its variety, health, wildlife value and so on. Finally you need
data on the relationship of the wetland to both surface and ground waters.
How will well pumping affect the wetland? If it is drained will there be
increased flooding? The USGS and State Geological Survey are equipped to
answer these and other questions that pertain to hydrology.
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APPENDIX Vl-a
VILLAGE OF ORONO
ORDINANCE NO. 125
AN ORDINANCE RELATING TO MARSHES, WETLANDS AND LANDS ABUTTING MEANDERED LAKES
AND WATERCOURSES: PROHIBITING DEVELOPMENT OF THOSE LANDS AND PROVIDING FOR
THE ISSUANCE OF PERMITS BY AMENDING CHAPTER 31 OF THE MUNICIPAL CODE OF ORONO
BY ADDING SECTIONS THERETO.
THE VILLAGE COUNCIL OF THE VILLAGE OF ORONO ORDAINS AS FOLLOWS:
Section 1. Chapter 31 of the Municipal Code of the Village of Orono
is amended as follows:
"31.800. Statement of Policy. It is in the public interest to protect
against uncoordinated and unplanned land development which affect marshes,
swamps, wetlands, drainage ways, lakes and watercourses within the Village
of Orono, which development, if allowed to continue, will result in loss and
damage to public and private improvements through inundation by flood waters
and subsequent expensive construction of storm sewers and other public pro-
jects, in the permanent destruction of these natural resources, loss of water
retention facilities, open space and wildlife habitats, and impairment of
public and private water supplies. The objectives of this ordinance are to
permit and encourage a coordinated land and water management program and the
retention of open land uses which will locate permanent structures and arti-
ficial obstructions so as not to obstruct the passage of waters nor destroy
the natural public water areas, marshes and wetlands within the Village. The
Village Council has in mind its statutory obligation to adopt flood plain
ordinance pursuant to Minnesota Statutes 1969, Chapter 104, the proposed regu-
lations of the Minnetonka Conservation District, the open space policies of
the Metropolitan Council and its guidelines encouraging protection of marshes,
wetlands and the flood plain area, and the public interest in preventing ir-
reparable destruction of valuable natural resources as expressed by numerous
persons and organizations.
In addition to these general purposes, the specific intent of this ordi-
nance is to:
(a) Reduce danger to health by protecting surface and ground
water supplies from the impairment which results from incom-
patible land uses by providing safe and sanitary drainage.
(b) Reduce the financial burdens imposed both on the community
and on communities within the Minnehaha Creek Watershed District
and the individuals therein by frequent floods and overflow of
water on lands.
(c) Permit and encourage planned development land uses which
will not impede the flow of flood water or cause dange to life
or property.
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(d) Permit and encourage land uses compatible with the
preservation of the natural vegetation and marshes which
are a principal factor in the maintenance of constant
rates of water flow through the year and which sustain
many species of wildlife and plant growth.
(e) Avoid fast runoff of surface waters from developed
areas to prevent pollutional materials such as animal
feces, motor oils, paper, sand, salt and other debris,
garbage and foreign materials from being carried direct-
ly into the nearest natural stream, lake or other public
waters.
(f) Encourage a suitable system of ponding areas to per-
mit the temporary withholding of rapid water runoff which
presently contributes to downstream flooding and general
water pollution giving preference to areas which contri-
bute to groundwater infiltration and recharge, thereby
reducing the need for public projects to contain,, store
and control such runoff.
(g) Provide sufficient land area to carry abnormal flows
of storm water in periods of heavy precipitation, and to
prevent needless expenditures of public funds for storm
sewers and flood protection devices which proper planning
could have avoided.
(h) Prevent the development of structures in areas unfit
for human usage by reason of danger from flooding, unsani-
tary conditions or other hazards.
(i) Prevent the placement of artificial obstructions which
restrict the right of public passage and use of the bed,
bank and water of any creeks, marshes or watercourses with-
in the Village.
"31<810. Definitions. For the purpose of this ordinance, the terms de-
finded in this section shall have the following meanings:
(a) Obstruction means any dam, wall, wharf, embankment,
levee, dike, pile abutment, projection, excavation, bridge,
conduit, pole, culvert, building, wire, fence, fill, or
projecting into the Flood Plain and Wetlands Conservation
Area.
(b) Natural obstruction means any rock, tree, gravel or
analogous natural matter that is an obstruction and has
been located within the flood plain by a nonhuman cause.
(c) Artificial obstruction means any obstruction which
is not a natural obstruction.
(d) Flood plain means the land area adjacent to a water-
course, drainage way or creek which has been or may be
covered by flood waters.
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"31.820. Definition and Establishment of Protected Area. The "Flood
Plainand Wetlands Conservation Area" within the Village of Orono, herein-
after referred to as the protected area, is defined and established to be
the low areas and flood plain adjoining and including any watercourse or
drainage way or body of water subject to periodic flooding or overflow; and
those areas designated and shown as marsh, wooded marsh, submerged marsh,
inundation area, intermittent lake or intermittent streams by the United
States Department of the Interior, through the Geological Survey on maps and
supporting data designated as Mound Quadrangle, Minnesota, (NW/4 Lake Minne-
tonka, (1958) and Excelsior Quadrangle, Minnesota (NW/4 Lake Minnetonka,
(1958),). Those maps are hereby made a part of this ordinance and two cop-
ies thereof shall remain on file in the office of the Village Administrator
for public inspection. For purposes of defining the application of this
map to any specific area, the maps, data and other available source material
for this survey shall be on file in the office of the Village Administrator
and shall be proof of the intended limits of the Flood Plain and Wetlands
Conservation Area. Any change in the Flood Plain and Wetlands Conservation
Area as may from time to time be determined to be proper shall be reflected
on those maps.
"31.830. Development Prohibited.
(a) Prohibition. No filling, grading, dredging, excava-
tion or construction shall be allowed within the Flood
Plain and Wetlands Conservation Area; nor on lands abut-
ting, adjoining or affecting said area if such activity
upon those adjacent areas is incompatible with the poli-
cies expressed in this ordinance and the preservation of
those wetlands in their natural state; nor shall land
within the protected area be used in determining minimum
area requirements for building sites except as provided
in Section 31.841 herein. To specifically further de-
fine the specific boundaries of the Flood Plain and Wet-
lands Conservation Area as described in the official maps
thereof, and to insure the policies in this ordinance are
properly implemented, any persons undertaking improvements
to or on any land abutting or adjacent to the protected
area shall, prior to commencing the work, obtain a permit
therefor from the Village of Orono. Approval may be ex-
pressly given in conjunction with other permits applied
for, but no approval shall be implied from the grant of
such permits nor from the necessity to apply for a per-
mit as described herein.
(b) Variances. In extraordinary cases, variances may
be granted upon application therefor, but only when the
proposed use is determined to.be in the public interest,
and no variance shall be granted which the Council deter-
mines will or has a tendency to:
(1) Increase the height or duration of flood water
in or along the Minnehaha Creek.
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(2) Result in the placement of an artificial obstruc-
tion which will restrict the passage of flood water in
such a manner as to increase the height of flooding,
except obstructions approved by the Minnehaha Creek
Watershed District in conjunction with sound flood
plain management.
(3) Result in incompatible land uses or which would
be detrimental to the protection of surface and ground
water supplies.
(4) Increase the financial burdens imposed on the com-
munity through increasing floods and overflow of water
onto land areas within this Village or onto land areas
adjacent to Minnehaha Creek.
(5) Be not in keeping with land use plans and planning
objectives for the Village of. Orono or which will in-
crease or cause danger to life or property.
(6) Be inconsistent with the objectives of encouraging
land uses compatible with the preservation of the natur-
al land forms, vegetation and the marshes and wetlands
within the Village of Orono.
(7) Includes development of land and water areas essen-
tial to continue the temporary withholding of rapid run-
off of surface water which presently contributes to down-
stream flooding or water pollution or for land and water
areas which provide ground water infiltration which di-
mishes the land area necessary to carry increased flows
or storm water following periods of heavy precipitation.
(c) Supporting Data. No permit or variance shall be issued
unless the applicant, in support of his application, shall
submit engineering data, surveys, site plans and other infor-
mation as the Village may require in order to determine the
effects of such development on the affected land and water
areas. The applicant shall submit four copies of the appli-
cation and the information. One copy shall be sent by the
Village to the secretary of the Minnehaha Creek Watershed
District. The District shall file its comments and recom-
mendations with the Village within 20 days after receipt of
the- information, unless additional time is authorized by the
Village.
"31.840. Land Development and Platting. No part of any lot within the
Flood Plain and Wetlands Conservation Area shall be platted for residential
occupancy or for other uses-which will increase the danger to health, life,
property or the public welfare. Whenever a portion of the Flood Plain and
Wetlands Conservation Area is located within or adjoins a land area that is
being subdivided, the subdivider shall dedicate an adequate easement over the
land within the protected area and along each side of such area for the pur-
pose of improving or protecting the area for drainage or other purposes ex-
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pressed in this ordinance and other recreational uses. Public or private
streets, driveways, drainage openings and culverts shall not be constructed
unless the design thereof has been approved by the Village, and such struc-
tures shall be designed so as not to restrict the flow of water.
"31.841. Limited Credit Allowed. When land to be developed is connect-
ed to a public sanitary sewer line and includes land within the Flood Plain
and Wetlands Conservation Area, the owner or developer thereof will be credit-
ed with an amount of his land within the Flood Plain and Wetlands Conservation
Area equa'l to but not exceeding the amount of his adjacent land which other-
wise qualifies for development under those ordinances for purposes of comply-
ing with the land use density, open space, building unit to land area ratios
or other similar requirements of the land development and zoning ordinances
of the Village except for requirements for recreational uses.
"31.850. Special Assessments. The land area in the Flood Plain and
Wetlands Conservation Area which is not to be developed and which is dedi-
cated as an easement shall not be subject to special assessments to defray
the cost of other municipal improvement projects, including but not limited
to trunk sanitary sewer and water mains and storm sewer improvements.
"31.860. Nuisance. Any filling, alteration, construction or artificial
obstruction of the Flood Plain and Wetlands Conservation Area is declared to
be and to constitute a public nuisance unless a permit to construct and main-
tain the obstruction has been obtained in the manner provided herein.
"31.861. Removal of Artificial Obstructions. If an artificial obstruc-
tion is found after investigation by the Village, an order shall be issued to
the owner, following ten days written notice and hearing thereon, for removal
within a reasonable time as may be prescribed by the condition and type of
artificial obstruction. If the owner shall fail to remove the artificial ob-
struction or if the owner cannot be found or determined, the Village shall
have the power to make or cause such removal to be made, the cost of which
shall be borne by the owner or specially assessed against the lands in the
same manner' as prescribed by law for the levy of special assessments for
municipal improvements notwithstanding Section 31.850 herein. The special
assessment shall be certified to the county auditor for collection in the
same manner as the ad valorem real property tax of the Village.
"31.870. Effect of Permit. The granting of a permit under the provisions
of this ordinance shall in no way affect the owner's responsibility to obtain
the approval required by any other statute, ordinance or regulation of any state
agency or subdivision thereof.
"31.880. Penalties. Any person who violates the provisons of this ord-
inance shall be guilty of a misdemeanor and may be fined in such amount and
be imprisoned for such time as authorized by law. Each day a violation ex-
ists shall be deemed a separate and distinct offense. The imposition of a
criminal penalty shall not constitute a waiver of the right of the Village
or others to secure removal of obstructions by injunction or other civil le-
gal remedy.
"31.881. Separability._ Every section, provision or part of this ordi-
nances is declared separable from every other section, provision or part;
and if any section, provision or part thereof shall be held invalid, it shall
not affect any other section, provision or part.
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Section 2. Section 31.700, 31.705 and 31.710 of Chapter 31 of the Muni-
cipal Code of Orono are hereby amended to read:
"31.700. Prohibition. It shall be unlawful for any person, firm or
corporation to remove, fill, or use for fill, dredge, store or excavate rock,
sand, gravel, dirt or similar material within the limits of the Village of
Orono; to fill or reclaim any land by depositing such material or be grading
of existing land so as to elevate or alter the existing natural grade; or to
build, alter, or repair any seawall, retaining wall, to rip-rap or to other-
wise change the grade or shore of lakeshore property without a conditional
use permit issued by the Village Council. Granting of such permits is sub-
ject to other regulations and prohibitions of these ordinances, and other
applicable statutes or-ordinances of other governmental bodies.
"31.705. Permit. An application for such permit shall be accompanied
by a drawing made by a registered surveyor or other competent person showing
the location of the proposed excavation or storage and shall state the amount
of material which is to be removed, excavated or stored, filled or graded,
and such other information as the council may require from time to time. Ap-
plications shall be filed with the Village Administrator and shall be accom-
panied by a fee of $10.00 payable to the Village.
"31.710. Exception. The requirements of Section 31.700 are not intended
to govern the normal and customary grading in the area of an existing or a
newly constructed building, or the grading of the driveway serving such build-
ing. Such grading and earth moving shall be approved by the Building Inspector
at the time of issuance of the Building Permit, providing that a plan showing
proper drainage and protection of adjoining property has been submitted. Any
unusual earth filling or removal of grading shall be referred by the Building
Inpsector to the Planning Commission and Village Council for action in accor-
dance with this ordinance.
Section 3. Section 39.150 of Chapter 39 of the Municipal Code of Orono
is hereby amended to read:
"39.150. Flood Plain Areas and Wetlands. Areas within the Flood Plain
and Wetlands Conservation Area will not be considered for subdivision purposes
except in accordance with Sections 31.800 through 31.880 of this Code. Ease-
ments as required by Section 31.840 shall be granted by the subdivider.
Section 4. Review. This ordinance shall be reviewed two years from its
effective date by the Council. At that time the Council shall review any
development plans and studies of the Planning Commission and laws and ordi-
nances of other governmental bodies which have reference to the policies and
subject matter of this ordinance, and the Council shall consider whether
amendments to-the provisions of this ordinance can be made consistent with
the purposes of this ordinance.
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APPENDIX VI-b
Town of New Castle
Local Law No. 1 of the year 1972
A local law providing for the protection of wetlands, water bodies and water courses.
Be it enacted by the Town Board of the Town of New Castle, New York as follows:
Section I. PURPOSE
A. Rapid population growth attended by housing, road and other construction and
increasing demands upon natural resources are found to be encroaching upon,despoiling,
polluting or eliminating many of the Town's wetlands, water bodies, water courses, and
other natural resources and processes associated therewith.
B. The preservation and maintenance of wetlands, water bodies and water courses
in any undisturbed and natural condition constitute important physical) ecological,
social, aesthetic, recreational and economic assets necessary to promote the health,
safety and general welfare of present and future residents of the Town and of down-
stream drainage areas.
C. It is the intent of this Law to promote the public purpose identified in this
Section by providing for the protection, preservation, proper maintenance and use of
the Town's wetlands, water bodies and water courses by preventing or minimizing ero-
sion due to flooding and storm water runoff, maintaining the natural ground water sup-
plies, preserving and protecting the purity, utility, water retention capability,
ecological functions, recreational usefulness and natural beauty of all wetlands,
water bodies, water courses, and other related natural features of the terrain, and
by providing, protecting and appropriating for natural wildlife.
Section II. DEFINITIONS
A. Conservation Council: The Conservation Advisory Council, or, if redesignated,
the Conservation Board, of the Town of New Castle, New York.
B. Deposit; To fill, place, eject, discharge or dump any material but not includ-
ing storm water.
C. Material: Soil, sand, gravel, clay, bog, peat, mud, debris, and refuse or
any other organic or inorganic substance, whether liquid, solid or gaseous or any com-
bination thereof.
D. Person: Any person, firm, partnership, association, corporation, company,
organization or legal entity of any kind including municipal corporations, govern-
mental agencies or subdivisions thereof.
E. Planning Board: The Planning Board of the Town of New Castle, New York.
F. Town Engineer: The Town Engineer or the Assistant Town Engineer of the Town
of New Castle, New York.
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G. Wetlands: Marshes, swamps, bogs and wet woodlands, whether (1) flooded at all
times, (2) flooded only seasonally, or (3) have a water table, throughout at least 3
consecutive months of the year, within 6 inches of the ground surface.
H. Water Bodies: Any body of standing water which is not dry more than 3 months
of the year as computed from the average of the last 2 consecutive calendar years and
which, when wet, is customarily more than 500 square feet in water surface area.
I. Water Courses; Any body of flowing water flowing in an identifiable channel
or course and which is not dry more than 3 months of the year.
Section III. PROHIBITED ACTIVITIES
Except as provided in Section IV of this law, the following activities shall be
unlawful:
A. To deposit directly or indirectly or permit to be deposited any material in-
to, within or upon any wetland, water body or water course, or within 40 feet of the
edge of, any wetland, water body or water course.
B. To construct or permit to be constructed any building or structure of any
kind within or upon any wetland, water body, or water course, or within 40 feet of
the edge of any wetland, water body or water course.
C. To remove or permit to be removed any material from any wetland, water body
or water course, or from any area within 40 feet of the edge of, any wetland, water
body or water course.
Section IV. PERMITTED ACTIVITIES
A. Activities Permitted by Right.
The following activities are permitted, by right, within or adjoining any wetland,
water body or water course, except where the Planning Board submits writ-ten notifica-
tion to the property owner that is assuming jurisdiction over the activity for the
purpose of assuring that the intent of this Law is not violated:
1. Outdoor recreation, including play and sporting areas; field trails for na-
ture study, hiking or horseback riding; and swimming, skin diving, boating, trapping,
hunting or fishing where otherwise legally permitted.
2. Grazing, farming, gardening and harvesting of crops where otherwise legally
permitted.
3. Operation and maintenance of such dams, retaining walls, terraces, sluices,
culverts and other water control structures or devices as were in existence on the
effective date of this Law.
4. The cutting of brush and trees if there results therefrom no adverse affect
upon a wetland, water body or water course.
5. This law shall not apply to any town-owned land which has been planned for
development by the Town as of the effective date of this Local Law, including, without
limitation, the Chamberlain Property and Gedney Park.
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B. Activities Requiring Town Engineer Approval.
The following activities are permitted within or adjoining any wetland, water
body or water course only if conducted pursuant to terms and conditions approved by
the Town Engineer, except that Town Engineer approval shall not be required where
the activity is conducted pursuant to terms and conditions of any application ap-
proved by the Planning Board.
1. Removing water-deposited silt, sand or other material in order to restore
the pre-existing land elevations, provided the total quantity removed does not ex-
ceed 15 cubic yards of material.
2. Restoring land elevations that have been altered by erosion or storm damage.
3. The construction, expansion or improvement of private recreation facilities,
as otherwise legally permitted, provided the amount of material deposited, removed or
regraded does not exceed 15 cubic yards.
4. The construction of driveways where alternative means of access are proven
to be impractical, provided the amount of material to be deposited or regraded in
connection with such construction does not exceed 100 cubic yards.
5. The use of chemicals, dyes or other similar materials to maintain any wet-
land, water body or water course provided that approval shall be given only after con-
sultation with or pursuant to the guidelines of the Conservation Advisory Council.
6. Any activity requiring Planning Board approval by the terms of this law
which the Board refers to the Town Enginner for his disposition.
C. Activities Requiring Planning Board Approval.
The following activities are permitted within or adjoining any wetland, water
body or water course, subject to approval by the Planning Board as a part of a subdi-
vision application, a site development plan application, or an application submitted
pursuant to the procedure set forth in Section V of this Law, provided that the ac-
tivity shall be conducted in such manner as will enhance or cause the least possible
damage, encroachment or interference with the natural resources or functions of the
wetland, water body or water course, consistent with the purpose of this Law.
1. Any activity listed in Item B of this Section, but involving a scale of
operation beyond that which is approvable by the Town Engineer.
2. Any activity normally permitted by right or normally requiring Town Engineer
approval as set forth in Items A and B of this Section, where the Planning Board noti-
fies the property owner in writing of the Board's intent to assume jurisdiction in
furtherance of the purposes set forth in this Law.
3. The construction of roads, where alternative means of access are proven to
be impractical.
4. The construction of municipal or utility uses such as water supply facilities,
park and recreation facilities, sewage treatment facilities or other installations which
involve any alteration of existing natural conditions in, or within 40 feet of the edge
of any wetland, water body or water courses.
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5. Utility lines.
6. Any activity otherwise prohibited by this Law may be permitted by the Plan-
ning Board to be done provided the Planning Board determines after investigation,
that to prohibit such activity would cause unreasonable hardship to the property
owner and that, in such particular instance, the proposed activity would not be ad-
verse to the'purpose of this Ordinance as set forth in Section I.
Section V. PERMITS
A. Applications
Applications for permits to conduct any of the activities permitted by Section
IV-B shall be submitted to the Town Engineer in two copies and applications for per-:
mits to conduct any of the activities permitted by Section IV-C shall be submitted to
the Planning Board in four copies, including the following information:
1. Name and address of applicant and of applicant's agent, if any, and whether
applicant is owner, lessee, licensee, etc. If applicant is not owner, the written
consent of the owner must be attached.
2. The specific purpose, nature and scope of the activity proposed.
3. Any topographical and perimeter surveys, hydrological computations, engineer-
ing studies and other factual or scientific data and rep9rts as deemed necessary by
the approving authority (Planning Board or Town Engineer) to permit it to arrive at a
proper determination.
4. Applications affecting water retention capability, water flow or other drain-
age characteristics of any wetland, water body or water course shall include a state-
ment of the area of upstream and downstream watersheds, impact analysis and informa-
tion as to rainfall intensity in the vicinity for not less then ten year return fre-
quency, together with approximate runoff co-efficients to determine the capacity and
size of any channel sections, pipes or waterway openings, together with plans for
necessary bridges, culverts storm water or pipe drains that, in the opinion of the
approving authority, are needed to arrive at a proper determination on the applica-
tion, consistent with the purposes of this Law.
B. Referral to Conservation Advisory Counsel.
The Planning Board or Town Engineer may refer any application submitted pursuant
to this Law to the Conservation Advisory Council for review and report. The Conser-
vation Advisory Council shall report back to the Planning Board or to the Town Engi-
neer as the case may be, within thirty (30) days of the date or referral or within
such other period as may be specified by the Planning Board at the time of referral.
Failure to reply within the specified time period may be interpreted by the Planning
Board as indicating no objection to the application.
C. Public Hearing.
The Planning Board may, at its discretion, advertise and conduct a public hearing
on any application submitted pursuant to this Law, with the same notice as required by
law for subdivision applications.
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D. Time Period.
Within 75 days of the date of the Planning Board meeting at which an application
submitted pursuant to the requirements of this Law, is received by the Planning Board,
or within 45 days of the date of any public hearing which may be conducted on said
application, whichever period is shorter, the Planning Board shall render a decision
to approve, approve with modifications, or disapprove the issuance of a permit for the
proposed activity.
E. Conditions and Time Limit.
In approving any application submitted pursuant to the requirements of this Law
the approving authority may impose such conditions on the proposed activity as it
determines necessary to ensure that the intent of this Law is complied with. The ap-
proving authority may fix a reasonable time within which any operations must be com-
pleted and may also require the filing with the Town Board of cash or surety company
performance bond in such amount and form as determined necessary by the approving
authority to ensure compliance with the approved permit.
* - Disposition by Town Engineer.
The Planning Board, at its discretion, may waive its power of review and approval
in cases where the Board determines that the proposed nature or scope of activity is
such that the application should be handled administratively by the Town Engineer. In
such cases, the Board shall direct the Town Engineer to decide the matter in accord-
ance with the normal administrative procedures for applications submitted pursuant to
the requirements of Section IV-B of this Law.
Section VI. FEES
After a permit shall have been granted by the Planning Board and as a condition
for the issuance thereof, the applicant shall pay a fee of $10.00 to said Board. No
fee shall be required for permits issued by the Town Engineer in accordance with the
requirements of this Law.
Section VII. CONFLICTS WITH OTHER STATUTES
This Law shall not apply to any work shown on construction drawings or improve-
ment plans for subdivision heretofore approved by said Planning Board.
Nothing contained in this Law shall supersede the prohibitions or restrictions
contained in the Conservation Law of the State of New York or the provisions of the
Westchester County Stream Control Law which is known as Title D, Article 9, of the
Westchester County Administrative Code, but shall be considered to be in addition
thereto.
Section VIII. PENALTIES
For any and every violation of the provisions of this Law, either or both of the
persons committing the same and the owner of the premises where such violations have
been committed, shall be guilty of an offense punishable by a fine of not to exceed
One Hundred ($100.00) Dollars for each separate identifiable violation and for each
week's continued violation.
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Section IX. PARTIAL INVALIDITY
If any provision of this Law shall be held for any reason to be invalid, such
determination shall not invalidate any other provision hereof.
Section X. EFFECTIVE DATE
This Law shall take effect immediately.
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APPENDIX VI-c
TOWN OF DARTMOUTH, MASSACHUSETTS
WETLANDS ZONING BY-LAW
(EXCERPT) ADOPTED JUNE 11, 1973
Section 6. Superimposed Districts
A. Interpretation and Application
Any proposed use to be located within the limits of the Inland Wetlands and Water-
shed Protection District or the Coastal Wetlands District, as determined by the Build-
ing Inspector under Section 9 of the By-Law, shall be governed by all regulations set
forth in this section as well as all other applicable provisions of this By-Law. Where
a proposed use is determined to fall within the limits of the Inland Wetlands and Water-
shed Protection District or the Coastal Wetlands District, but the applicant for the
proposed use determines that the location for this proposed use is not wet or subject
to periodic flooding and should not therefore be included in the definition of the In-
land Wetlands and Watershed Protection District or the Coastal Wetlands District, may
be exempt by the Board of Appeals from the provisions of this section if he provides
sufficient evidence for the Board of Appeals to clearly determine that the land in
question should not be subject to the provisions of this Section.
B. Inland Wetlands and Watershed Protection District
(1) Purpose of District. The purpose of this district is:
(a) To preserve and protect the streams and other water courses in the Town
of Dartmouth and their adjoining lands.
(b) To protect the health and safety of persons and property.against the
hazards of flooding and contamination.
(c) To preserve and maintain the ground water table and water recharge areas
for water supply purposes.
(d) To protect the community against the detrimental use and development of
lands adjoining such water courses.
(e) To conserve the watershed areas of the Town of Dartmouth for the health, ,
safety, and welfare of the public.
(f) To assure the continuation of the natural flow pattern of the water
courses providing safe and adequate flood water storage and runoff cap-
acity.
(3) Definition of District. The Inland Wetlands and Watershed Protection Dis-
trict is superimposed over any other district established by this By-Law.
(a) All lands in Darmouth which have been identified as being fresh marsh
(FM), deep marsh (DM), shrub swamp (SS), wooded swamps (WS), cranberry
bog (CB), and ponds (P) are included in the Inland Wetlands and Water-
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shed Protection District and are indicated on the Natural Resources
Map.
(b) All land area along the rivers and brooks for a horizontal distance
of 50 feet from the center line thereof are included in the Inland Wet-
lands and Watershed Protection District and are indicated on the Natural
Resources Map. The names of the rivers and brooks included in the dis-
trict are as follows: Shingle Island River, Copicut River, Destruction
Brook, and Paskamansett River.
(4) Permitted Use. Municipal use, such as Waterworks, pumping stations, essential
services and parks, is permitted under this section. Land in the Inland Wetlands and
Watershed Protection District may be used for any purpose otherwise permitted in the
underlying district except that:
(a) No structure intended for human occupancy or use on a permanent basis
having water and sewerage facilities and no other building, wall, dam
or structure (except flagpoles, signs and the like) intended for perma-
nent use shall be erected, constructed, altered, enlarged or otherwise
created or moved for any purpose unless a Special Permit from the Board
is issued. However, without a Special Permit, a structure existing at
the time this By-Law becomes effective may be reconstructed or repaired
after a fire, hurricane, flood or other casualty or natural disaster and
a dwelling or building accessory to a dwelling existing at the time this
By-Law becomes effective may be altered or enlarged provided no other
provisions of these By-Laws are violated.
(b) Dumping, filling, excavating or transferring of any earth material with-
in the DiStrict is prohibited unless a Special Permit from the Board is
issued. However, this paragraph does not prohibit ordinary gardening
activities in lawn or garden areas which are used for such purposes at
the time this By-Law becomes effective.
(c) No ponds or pools shall be created or other changes in water courses,
for swimming, fishing or other recreational uses, agricultural uses,
scenic features, or drainage improvements or any other uses unless a
Special Permit from the Board is issued.
(5) Permit and Procedure. Any person(s) desiring such a permit shall submit an
application to the Board of Appeals which shall comply with the conditions and submittal
requirement as listed in the following subsections. (Such conditions shall include,
where applicable, approval by the Conservation Commission, the Massachusetts Department
of Natural Resources, and the Massachusetts Department of Public Works under Chapter 131
of the General Laws, acts relating to the protection of the inland wetlands of the Com-
monwealth.) The application procedure shall be the same as for special permits. Copies
of the application for special permit to the Board with accompanying plans shall also be
sent to the Building Inspector, Board of Health, the Conservation Commission, and the
Planning Board for their recommendations to the Board, as to their approval, disapproval
or appropriate recommendations. ~
(6) Required Submittals
(a) Submission of a location plan at a scale of 1" = 1,000* showing the lot(s)
lines within which the development is proposed, and tie=in to the nearest
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road intersection.
(b) A site plan at a scale 1" = 40' shall prepared by a registered profes-
sional engineer. The site plan shall be submitted to the Board and
shall show at least the following:
i. The location boundaries, and dimension of each lot in question.
ii. Two foot contours of the existing and proposed land surface.
iii. The locations of existing and proposed structures, watercourses,
and drainage easements, means of access, drainage, and sewage dis-
posal facilities.
iv. The elevation of the basement and first floor.
v. The area and location of leaching fields.
m
(7) Development Conditions. For the development of land within the Inland Wet-
lands and Watershed Protection District, the following conditions shall apply:
(a) the lot(s) may be served by a public water system or an individual well
supply may be developed.
(b) If the lot(s) is to be served by a public sewerage system, the following
conditions shall apply:
i. A minimum of six test borings to a minimum depth of eight feet
shall be taken; three of which shall be within the area of the
proposed structure and three within 25 feet of the outside walls
of the structure, but not closer than ten feet. A report by a
soil scientist or qualified engineer shall accompany the test
data.
ii. The floor level of areas to be occupied by human beings as living
or work space shall be four feet above the seasonal high water
table and not subject to periodic flooding.
iii. If the basement floor level is below the seasonal high water table
and affords the possibility of human occupancy at some future date,
although not originally intended, adequate perimeter drainage and
foundation shall be installed to withstand the effect of pressure
and seepage. Furnace and utilities are to be protected from the
effects of leaching.
iv. Safe and adequate means of vehicular and pedestrian passage shall
be provided in the event of flooding of the lot(s) or adjacent
lot(s) caused by either the overspill from water bodies or high
run-off.
(c) If the lot(s) is to be served by an on-lot septic system, the following
conditions including those listed previously shall apply:
i. The leaching area designed for use, as well as a reserved area
for future expansion or total future use, shall be plotted with
dimensions on the site plan.
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ii. A minimum of two percolation tests per leaching areas shall be
performed. The maximum groundwater table shall be determined
during the last two weeks of March or the first three weeks of
April. At least two deep observation pits shall be dug to deter-
mine soil profiles. The observation pits may be dug during other
times of the year, and shall be accompanied by a detailed report
compiled by a soil scientist or qualified engineer.
iii. The leaching areas shall not be constructed in areas where the
maximum groundwater elevation is less than four feet below the
bottom of the leaching area.
(d) The developer shall show that the proposed development will not endanger
health and safety including safety of gas, electricity, fuel, and other
utilities from breaking, leaking, shortcircuting, grounding, igniting
or electrocuting, obstruct or divert flood flow; substantially reduce
natural floodwater storage capacity, destroy valuable habitat for wild-
life, adversely affect groundwater resources or increasEStormwater run-
off velocity so that water levels on other land are substantially raised
or the dangerfrom flooding increased.
(8) Board of Appeals Procedure
(a) The Board of Appeals shall not take final action on an application for
a special permit hereunder until it has received a report thereon from
the Building Inspector, the Board of Health, the Conservation Commission,
and the Planning Board, or until 30 days have elapsed after receipt of
such plan without the submission of a report.
The Board of Appeals shall give due consideration to all reports and,
where its decision differs from the recommendations received, shall state
the reasons therefor in writing.
(b) The Board may, as a condition of approval, require that effective notice
be given to prospective purchasers, by signs or otherwise, of past flood-
ing of said premises, and the steps undertaken by the petitioner or his
successor in title to alleviate the effects of the same.
(9) Occupancy Permit. No occupancy permit shall be issued until the Board, the
Building Inspector, the Board of Health, the Conservation Commission, and the Planning
Board have received a certified plan showing the foundation and floor elevations, grad-
ing of the premises, elevations of the completed construction and all elevations of the
various elements that make up the sewage disposal system, and that all requirements of
all permits are satisfied.
(10) Areas and Yard Regulations. A lot, a portion of which is in the Inland Wet-
lands and Watershed Protection District, meets minimum area regulations under Section
7 (Renumbered) of this By-Law provided that not more than 20 percent of the lot area
which is required to. meet the minimum requirements of the zoning district is within
the Inland Wetlands and Watershed Protection District.
C. Coastal Wetlands District.
(1) Purpose of the District. The purpose of this district is to promote:
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(a) The health and safety of the occupants of lands subject to seasonal or
periodic tidal flooding.
(b) The preservation of the salt marshes and tidal flats and their attendent
public benefit including the preservation of marine life.
(c) The safety and purity of water; control and containment of sewage; safe-
ty or gas, electric, fuel and other utilities from breaking, leaking,
shortcircuiting, grounding, igniting, electrocuting or any other dangers
due to flooding.
(d) The protection of lands against erosion and movements of coastal sedi-
ments.
(2) Definition of District. The Coastal Wetlands District is superimposed over
any other districts established by the By-Law.
(a) All lands in Dartmouth which have been identified as being barrier beach
(BB), tidal flat (TF), and salt marsh (SM), which includes salt meadows,
irregularly flooded and regularly flooded salt marshes are included in
the Coastal Wetlands District and are indicated on the Natural Resources
Map.
(3) Permitted Uses. Municipal uses such as wastewater treatment facilities,
water works, pumping stations, essential services, and parks are permitted in this dis-
trict. Land in the Coastal Wetlands District may be used for any purpose otherwise
permitted in the underlying district except that:
(a) No structure intended for human occupancy or use on a permanent basis
having water or sewerage facilities, and no other building, wall, dam,
or structure (except flagpoles, signs and the like) intended for per-
manent use shall be erected, constructed, altered, enlarged, or otherwise
created or moved for any purpose except for piers, boathouses, walkways,
and similar facilities which may be granted by a Special Permit from
the Board. However, without a Special Permit, a structure existing at
the time this By-Law becomes effective may be reconstructed or repaired
after a fire, hurricane, flood or other casualty or natural disaster and
a dwelling or buildings accessory to a dwelling existing at the time this
By-Law becomes effective may be altered or enlarged provided no other
provisions of these By-Laws are violated.
(b) Dumping, filling, excavating, or transferring of any earth material
within the District is prohibited. However, this paragraph does not
prohibit ordinary gardening activities in lawn or garden areas which
are used for such purposes at the time this By-Law becomes effective.
(c) No ponds or pools shall be created or other changes in water courses,
for swimming, fishing, or other recreational uses, marine agricultural
uses, scenic features or drainage improvements or any other uses unless
a Special Permit from the Board is issued.
(d) No use shall be permitted to develop in such a manner as will adversely
affect the natural character of the area.
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(e) No provision of the By-Law shall supersede licenses or permits in
force at the time of passage of this By-Law.
(4) Permit and Procedure. Any person(s) desiring such a permit shall submit an
application to the Board which shall comply with the conditions and submittal require-
ment as listed in the following subsections. (Such conditions shall include, where
applicable, approved by the Conservation Commission, the Massachusetts Department of
Natural Resources, and the Massachusetts Department of Public Works under Chapter 131
of the General Laws, Acts Relating to the Protection of the Coastal Wetlands of the
Commonwealth.) The application procedure shall be the same as for special permits.
Copies of the application for Special Permit to the Board of Appeals with accompanying
plans shall also be sent to the Building Inspector, Board of Health, the Conservation
Commission, and the Planning Board for their recommendations to the Board as to their
approval, disapproval or appropriate recommendations.
(5) Required Submittals.
(a) Submission of a location plan at a scale of 1" = 1,000' showing the lot(s)
to be developed, lot lines within which the development is proposed, and
tie-in to the nearest road intersection.
(b) A site plan at a scale of 1" = 40' shall be prepared by a registered land
surveyor or a registered professional engineer. The site plan shall be
submitted to the Board and shall show at least the following:
i. The location, boundaries, and dimension of each lot in question.
ii. Two-foot contours of the existing and proposed land surface.
iii. The location of existing and proposed structures, watercourses,
and drainage easements, means of access, and drainage.
(6) Board of Appeals Procedure.
(a) The Board shall not take final action on an application for a special
permit hereunder until it has received a report thereon from the Build-
ing Inspector, the Board of Health, the Conservation Commission, and the
Planning Board or until 30 days have elapsed after receipt of such plan
without submission of a report. The Board shall give due consideration
to all reports and, where its decision differs from the recommendations
received, shall state the reasons therefor in writing.
(b) The Board may, as a condition of approval, require that effective notice
be given to prospective purchasers, by signs or otherwise, of past flood-
ing of said premises, and the steps undertaken by the petitioner or his
successor in title to alleviate the effects of the same.
(7) Occupancy Permit. No occupancy permit shall be issued until the Board, the
Building Inspector, the Board of Health, the Conservation Commission, and the Planning
Board have received a certified plan showing the foundation and flood elevations, ele-
vations of the completed construction, and that all requirements of all permits are
satisfied.
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(8) Areas and Yeard Regulations. A lot, a portion of which is in the Coastal
Wetlands Districts meets minimum area regulations under Section 7 (Renumbered) of
this By-Law provided that not more than 20 percent of the lot area which is required
to meet the minimum requirements of the zoning district is within the Coastal Wetlands
District.
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SECTION VII
WOODLANDS
A. Introduction
Though there seem to be plenty of woodlands, human impacts on the
American forest are extensive. Only isolated, undisturbed traces, for
example, remain of the great eastern deciduous forest which stretched almost
unbroken from the Atlantic to the Mississippi River and from southern Canada
to the Gulf of Mexico. Land cleared for settlement, timber, and agriculture
destroyed much of this extensive forest from the 17th to the 19th centuries.
With continued dense settlement in the east, the forest has been largely
restricted to mountainous regions, where it is now protected in national and
state parks and forests.
Much of today's eastern forest is second-growth timber on abandoned
farmland. In 1820, for example,.during the period of most intensive agri-
culture in New England, forests accounted for only 25 per cent of the area
of Connecticut. Today that area is 64 per cent. Within the relatively
short period of a century, the forest has returned to vast stretches of the
east. Similarly, much of the western forests have been altered by fire and
timber harvesting. Grazing, scant soil cover, and the relatively slow rate
of growth in western forests (one-third that of eastern forests) make re-
placement of these forests a more difficult process. Yet in the west, too,
second- and third-growth woodlands are common.
Though markedly different from the original woodlands, these second-
and in some cases third-growth forests are nevertheless of incalculable
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value to us for timber, wildlife habitat, recreation, and aesthetic enjoy-
ment. While larger acreages are protected by federal and state preserves,
significant parts of our woodlands are once again under potential threat,
this time chiefly from poorly planned housing and suburban development,
rather than lumber and agricultural development.
Not only the recrational, aesthetic, and economic benefits of wood-
lands suffer from poorly regulated use. Other less familiar benefits of
forests are also harmed. Woodlands are important moderators of climatic
phenomena such as flooding and high winds, and thus protect watersheds
from the siltation and erosion resulting from heavy runoff or wind. The
forest floor also acts as a filter to water percolating into groundwater
reservoirs, and the forest itself can improve air quality by absorbing some
air pollutants. Moreover, woodlands moderate local climatic changes, most
significantly by providing more moderate temperatures in contrast to the
fluctuation between hot days and chilly nights in open areas such as fields,
suburbs, and cities.
The names of our suburbs—Forest Hills, Oaklawn, and Park Forest—in-
dicate how much we value a wooded environment. The relatively high real
estate value of wooded areas is a partial reflection of our preference for
woodland residences, but it does not necessarily play a crucial role in
development decisions. Since woodlands adjacent to urban centers afford
prime land for development, the high real estate value depends more on loca-
tion economics than it does on the environmental benefits of woods. If loca-
tion is a crucial factor, then the builder can maximize his profits by re-
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ducing the construction costs by clearing the land and still attracting
buyers. The prospective purchaser makes his decision based upon what he
sees, not what he might have seen or could yet see if the land had been
developed to protect wooded areas.
Clearcut land poses fewer problems for current design and construc-
tion practices. Streets and sewer lines can run across the land in regular
patterns without making necessary modifications for certain stands of trees
or natural elevations and depressions in the landscape. Cutting the trees
and smoothing out the bumps and holes is far easier than building around
such natural obstacles. Part of the problem, however, is also consumer
preference. Single-family, detached housing projects that dominate the sub-
urban market require far more land area on which to build than other housing
alternatives, such as cluster development. In these higher-density develop-
ments housing can be scattered within a large wooded area and thus require
the disturbance of far less land surface. One could then imagine pockets
of development within forested areas.
As we create and implement policies designed to protect and conserve
suburban and rural woodlands, we should consider several factors.
1. Although most woodlands are very resilient and capable of replac-
ing themselves after they have been cut or disturbed, their process requires
many decades and, in some cases, centuries. Moreover, the second- or third-
growth forest may be of different composition than the one it replaced. It
can, for example, be composed of weedy trees and shrubs that are unsuitable
for recreation and wildlife habitat or too unstable to provide other benefits
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of woodlands. Thus, before allowing the cutting or development of a wood-
land, we must consider these factors of the time required for replacement
and the quality of the replacement vegetation.
2. Of course not all forests can or should be saved from develop-
ment, and in some cases a community may not care whether a new forest later
replaces the old one. Thus, we must weigh the public benefits of woodland
as it is against the proposed use of the land, whether for housing develop-
ments or farmland. The choice need not be so clearly woodlands or none at
all. With regulated land-use policies we can use woodlands for many purposes
and still conserve enough of the original woods to benefit from them as well.
3. Finally, we should make a decision between continuing to allow
the short-run exploitation of our woodlands for immediate profit and the long-
run use of them which depends upon development compatible with woodland ecol-
ogy.
B. Forest Ecology and the Public Purpose in Maintaining Its Health
The question is not whether we will develop woodlands; it is rather
htw that development will occur. One look at a community which allowed the
irresponsible development of its woodlands shows that the public interest
in woodland protection extends far beyond aesthetics. Increased erosion
and siltation, lessening of water quality, loss of landscape diversity, in-
creased dangers from flooding, and decreased land values are all possible
results of poorly planned woodland development. Cutting the forest can
also change the surrounding ecology of wildlife and associated herbs and
shrubs completely.
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Though most suburban forests, because of their size and the proxi-
mity of housing and commercial development, are unsuited for the economic
uses of tree forestry, they have equally important value to the community,
even if it cannot be measured in board feet. Maintaining overall environ-
mental health, providing watersheds and soils, improving water and air
quality, buffering the noise and sights of civilization, and modifying the
climate of the urban environment are some of the woodland's greatest bene-
fits.
1. Woodlands provide a varied and rich environment of many kinds
of plants and animals. The different layers of tree tops, branches, trunks,
shrubs, and plants on the forest floor provide breeding, feeding, and refuge
areas for many species of insects, birds, and mammals. This environmental
diversity of woodlands is an important resource for wildlife conservation
and general environmental health and is crucial to our enjoyment of them
for recreation, hunting, and fishing.
2. Woodlands protect and conserve important resources such as
watersheds and soils. Forest vegetation moderates the effects of winds
and storms, stabilizes and enriches the soil, and slows runoff from precipi-
tation, thereby allowing it to be filtered by the forest floor as it soaks
down into groundwater reserves. By decreasing runoff and increasing ground-
water infiltration, woodlands also protect a community from flooding.
3. Woodlands are buffers to the sights and sounds of civilization.
Woodlands mute the noise from freeways and factories, as well as absorb some
air pollutants.
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4. Woodlands are moderators of climatic extremes. The micro-
climate of a forest, created in part by the shade of the trees and the trans-
piration of water from the leaves, keeps? surrounding air at an even tempera-
ture. Forest temperatures are generally cooler in the day and warmer at
night than the more widely fluctuating temperatures of unfcrested areas.
Woodlands adjacent to and interspersed among suburban and urban areas thus
act as natural air conditioners.
1. Woodlands and Environmental Health and Diversity
Woodlands vary greatly depending upon climate, topography and soils.
Some trees do not thrive under the same environmental conditions as others
and it is this difference which accounts for the marked changes in forest
composition that one notices in travelling from river bottoms to hill tops
or from north to south.
In the United States there are two major forest biomes or forest types:
the boreal forest of the extreme north and elevated regions, composed of
coniferous evergreens, and the deciduous forest of warmer, more southern
and eastern areas. Where these two biomes overlap, the transition zone
between them is a mixture of coniferous and deciduous trees. The deciduous
forest itself is a wide mixture of various species dependent for their
occurrence upon local environmental conditions. It grades from river bot-
tom lowlands of poplars and willows, to midlands of beech, maple, basswood,
black cherry, oak, and pine, to dry uplands of other oaks, hickory, and
juniper.
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The boreal forest extends above the deciduous forest from New
England and New York north into Canada and as far south as Mexico in the
Rockies and Sierras. In the east it begins as pine and hemlock mixed with
deciduous species in the ecotone, to spruce and fir farther north at higher
elevations,until it reaches the typical boreal forest of douglas, balsam fir
and white spruce. A variant of the boreal forest is the lavish vegetation
of the Pacific Coastal forests with sitka spruce, douglas fir,and redwoods.
The alpine forests of the western mountains are another variant where
douglas fir and ponderosa pine grow at lower elevations with other conifers
in the higher elevations. Within these conifer forests are large stretches
of deciduous quaking aspen, the most widespread tree in North America, occur-
o
ring throughout most of the western and northern coniferous forests.
Figure VII-I shows the general occurrence of these forest types in the United
States.
Not only do these forests differ greatly according to elevation, lati-
tude, topography,and other environmental factors, they also differ according
to the stage of development. Any given set of environmental conditions has
a more or less stable community of flora and fauna adapted to it. This com-
munity is capable of reproducing itself and maintaining its identity, pro-
vided that environmental factors remain constant. Though they are stable
in an undisturbed state, fire, human disturbance, or other alterations in
climate or environment can disrupt the stable community by creating condi-
tions more favorable to other species.
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Figure VII-13
The Vegetation of the United States
S.E. Evergreen Forest
Deciduous Forest
Hemlock-Hardwood Forests
Grasslands
Rocky Mt. Forest
Desert or Desert Grass and Scrub
Coastal Forest
Map of the climatic plant formations of the United States.
In the east the forest boundaries are those of about a century ago.
We most often encounter forests that are not stable. These are woodland
communities that are undergoing a slow and gradual transition from one
forest community to another. (See Figure VII-2.) To understand this con-
cept of succession, we might consider a theoretical situation in the eastern
deciduous forest. A stable forest of maples, basswoods,and elms is cut down
for timber and agricultural land. Later the farming stops and an old field
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Figure VII-24
Succession: from bare field to Oak-Hickory woodland
community of grasses, sedges, and herbs, such as thistle and goldenrod,
which tolerate disturbed conditions, comes in. These pioneer or first-stage
plants are replaced later by windblown seeds of aspen and cottonwood, still
later by animal-carried seeds of oaks and hickories, and perhaps even later
by the seeds of the maples and other species which composed the original
forest.
A key factor affecting this succession of species is shade tolerance.
Maples and basswoods are able to grow in their own shade as well as that
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of the oaks and hickories, but not vice versa. Thus, once maples and similar
trees reach full size, other species cannot grow or reproduce in their shade.
Other areas have different patterns of succession and different factors
operate there, such as availability of seed and method of seed dispersal. Of
course changes in soils and climate can alter the theoretical succession pat-
tern.
In many places the effects of man interrupt and change the stages of
succession. Such is the case in the pine forests of the southern U.S., where
fire and cutting have maintained an intermediate state of succession to the
dominant oak, hickory, and magnolia woodlands. This forest of short- and
long-leaved pines and many similar areas, such as golf courses, pasture lands,
and tree farms, where human intervention maintains a given community, are
communities where economic rather than environmental considerations determine
the stable community.
Succession patterns and the composition of forest communities depend
upon local conditions, so that a stable community in one area may be only a
transitional one elsewhere. But generally speaking, in the boreal forest
jack pine, aspen, birch,and poplar pioneer in disturbed areas, whereas cotton-
wood, aspen, birch, oak, and hickory pioneer in disturbed areas in the decidu-
ous forest. It is important to understand that the pattern of succession is
a process that occurs over a long period of time, perhaps .hundreds of years
or more from pioneer to stable state. Since this length of time makes a •
stable forest unique within the span of an average person's lifetime, it is
of considerable value. When one considers the possibility that environmental
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conditions and soil may so change in the process of succession that a dis-
turbed virgin forest or even second-growth stable forest may never regain
their hold in an area, once they are gone the value of such forests be-
comes even more apparent. Protection of stable forests, because of their
uniqueness, is important in preserving environmental diversity. But other
rare areas, such as relic areas, should also be considered for special
protection. Relic woodlands are forest communities adapted to former environ-
mental conditions that because of unique local conditions have survived the
environmental change. In southern Wisconsin, for instance, the trees adapted
to the cooler climate which followed the last glaciation retreated to the
cooler, moist uplands as the climate became drier and warmer. These shaded
glens of hemlock and fern resemble the forests of the Appalachian and on
a national scale are not particularly rare. However, in southern Wisconsin's
landscape of oak savannahs, pine barrens and grazing lands, such woodland
communities are indeed rare and represent important biological banks upon
which the land may draw if climatic conditions change once again to favor
these moistpr, cooler woodland types.
Disturbance of woodland communities and the great variety of paths suc-
cession may take assure a constant diversity in the composition of forests.
Yet rapid, severe, and widespread disturbance is a phenomenon associated with
the activities of man and can do serious damage to the natural process in-
volved. Soils can leach or erode away from constantly disturbed areas, alter-
ing the soil chemistry and nutrient availability; and species diversity can
be simplified by widespread disturbance, thereby limiting the possible re-
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placement trees in successive stages. We must learn to take these natural
factors into account as we inevitably disturb forest communities.
The power of human disturbance to alter the natural process of suc-
cession is important to remember in making decisions to develop a woodland.
Near heavily developed urban areas the unavailability of seed from scattered
trees may seriously impair the restoration of severely disturbed forests.
Thus preserving stands of trees for natural reseeding is an important conser-
vation measure in heavily developed areas. Otherwise, the forest must be
artificially restored. Though this is not expensive, it is difficult to arti-
ficially reproduce the natural process of succession, and second-growth for-
ests of less stability and diversity may result.
The time required for succession is a particularly important factor
in the western forest. It takes 200 years for a stable community to develop
in Colorado as opposed to 50 years in Virginia. The slower rate of growth
in western forests as well as the smaller variety of plants accounts for this
difference. In these areas and others such, as hilly or mountainous regions
or locations where the soil mantle is very thin, disturbance of woodlands can
remove protective vegetation, allowing the soil to erode to such a degree
that reforestation is very difficult. This is a particular problem in many
western states. In some southern states, where easily compacted clays under-
lie woodlands, removal of vegetation can result in severe erosion of the
scant topsoil and compaction of the clay,so that the growth of pioneering
vegetation is severely impaired.
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Though trees are inevitably considered the chief ingredients of
forests, there are of course many other plants as well as animals that com-
pose the woodland ecosystems. The yearround shade and poorly decomposed
acid soil produced by coniferous forests prohibit development of substan-
tial undergrowth, but there is a small group of herbs and shrubs growing
under conifers. The deciduous forest, with its rich,decomposed soil and
periods in spring and fall when sunlight reaches the forest floor, shows
the greatest diversity of undergrowth. Here shrubs thrive, as well as a
wide variety of spring and fall wildflowers.
The stratification of the forest into a top or canopy, one or two
intermediate layers or understories, and the ground layer of herbaceous
plants provides a rich and varied environment for many species of wildlife.
Figure VTI-3 shows how such stratification in the spruce-fir forest in
Wyoming provides a variety of foraging environments or niches for many
bird species. Though there is little understory vegetation, the dense bran^
ches of firs and spruce provide many different niches.
The variety of bird life is the clearest example of how feeding and
breeding niches are afforded by forest structure. Some birds nest and feed
on the ground, others in the shrubs, and still others in the upper branches
of the trees. Bark, leaves, and leaf litter provide them with different
feeding areas. This diversity of feeding and breeding areas allows a great
variety of birds to utilize the common resources of the forest without being
in direct competition for them.
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Figure VII-3"
Foraging niches ol some birds in a spruce-fir forest
Pine
Grosbeak'
Other animals use the forest for cover, breeding, and feeding. Large
animals such as the timber wolf, grizzly bear, and mountain lion need large
undisturbed areas of forest to survive. Others, such as deer, racoon, mink,
skunk, oppossum, and shrew are common ih less dense woodlands. In the sum-
mer the ground and vegetation support a great variety of invertebrates,
amphibians, and reptiles, from the earthworms which aerate the soil with
their tunnels to the frogs breeding by the spring pools.
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In many areas of the west, and in a few regions of the north-central
and eastern states, there are still relatively healthy populations of large
predator animals, such as bobcats and wolves. These mammals require large
areas of forested territory for their feeding and breeding habits. It is
important in planning development to maintain linear paths that allow these
animals to move over large areas of land. While we think of them as fero-
cious beasts, they are very important to maintaining the health and stabil-
ity of the forest. In the north-central states, for instance, large pred-
ator animals, mainly wolves, were exterminated at the turn of the century,
allowing the deer population, on which they preyed, to explode. 'With no
natural predator, deer multiplied to such an extent that thousands starved
and many others so severely browsed the fir forests that extensive damage
was done to the lumber industry. Even the artificial predation of deer
hunting has not been sufficient to control the deer, and some north-central
states, notably Michigan, are reintroducing timber wolves.
Similar problems have occurred in other areas where animals like
rabbits overpopulate once the natural control of predation has been lost
by extermination or human disturbance of their environments. Loss of insect
predators, such as many bird species, is an equally serious problem. In
recognizing the importance of maintaining the natural balance, we must be
sure that woodland development will not result in the local loss of preda-
tors—either animals or birds—and the resulting population explosion of
animals or insects that may, in large number, prove to be serious pests.
The diverstiy of woodland flora and fauna is aided by the different
patterns and rates of succession dependent upon natural disturbance. Ad-
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joining forest and meadow communities create ecologically crucial edges,
those spots at which most animals feed. Here deciduous forest birds may
intermingle with open field species, both sharing the resources between the
two communities. Between the meadow and forest there are many mammals,
such as cottontail and deer, who feed in the meadow and seek shelter in the
forest.
The variety in natural environments is crucial to their health. The
more options an ecosystem has for the breeding, feeding, and shelter of its
fauna and flora, the more likely it will be to absorb the effects of any
disturbance. Once this diversity is lost, however, as it is in a tree farm
of uniformly aged and sized trees, the more susceptible the area is to the
effects of disease, fire,and other distrubances. With few niches for ani-
mal and insect life, the essential role of pest predation is lost and must
be replaced by the even less experienced hand of man in the use of pesti-
cides.
Since the more diverse choices open to an ecosystem in times of stress,
the more able it is to absorb disturbance without serious damage, it is cer-
tainly within the public interest to protect the diversity of the woodland
ecosystem. This goal is particularly important in the suburban forest,where
human activities disturb the natural ecosystem to one degree or another. If
the forest is able to adapt to human influence, it will continue to provide
benefits to the public. Careful regulation of woodland land use will pro-
tect the diverse character of the forest ecology and keep its ecosystem
healthy and resilient.^
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2. Woodlands Give Protection to Watersheds and Soils
A wooded area can be of great value to a watershed area. The canopy
of trees and understory aid in breaking the force of precipitation, thereby
decreasing erosion. Erosion is further inhibited by the fibrous root sys-
tem of the understory plants, as well as by the layer of leaf or needle litter.
As the force of precipitation is decreased by the vegetation and the absorp-
tive qualities of the usually porous forest floor, more water is given addi-
tional time to soak into the ground. Thus, forests aid in reducing not only
the force of precipitation,but the amount of runoff as well.
Woodlands also afford protection from wind erosion. Just as the
vegetation breaks the force of precipitation, leaves and branches moderate
the strength of winds. Not only is the ground beneath the forest protected,
but wind velocity on the leeward side of the forest is reduced by up to
60 per cent.
Though forests tend to moderate flooding and erosion, they do not
necessarily prevent them. Floods may still occur from forested regions,
but the destruction of a woodland will increase the rate of flooding. It
has been shown that little, if any, runoff comes from heavily forested
lands, except during periods of heavy precipitation. However, clearcut
lands can produce excessive runoff more significantly unless the trees are
replaced by other vegetation with comparable water-retaining capacity. Thus,
forests are important flood moderators in those areas where flooding is the
result of runoff or rapid snow melt. The shade effect of the evergreen
forest, and to a lesser extent of the deciduous one, allows snow to melt
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over a lengthy period of time, again serving to-moderate effects of
flooding from meltwater.
Woodlands are not, however, completely satisfactory cover for a
watershed upon which people depend for water. Although they increase the
ability of the soil to absorb water by decreasing runoff rates, trees
themselves are heavy consumers of water. Almost 99 per cent of water absorbed
through tree roots is transpired, or evaporated, into the air. Studies show
that clear-cutting of a forest will increase the water yield in both runoff
to streams and percolation into groundwater resources by rates ranging from
20 to 60 per cent. It has been suggested that selective clear cutting in
stands of timber above watersheds could be an effective way of increasing
water yields.
While clearcutting has been used in some water management programs,
irresponsible use of clearcutting results in serious damage to the water-
shed. The damage occurs through increases in siltation and runoff and
through depriving groundwater of an important filtering system. The forest
floor, with its deep layer of organic litter and decomposing bacteria and in-
sects, acts as a. filter to the water which falls, on the forest. The ability of
the forest floor to absorb and dispose of impurities has led some -experts to
suggest use of the forest as a living filter for disposal of municipal wastes.
Application of sewage to forests in Los Angeles at the Whittier Narrows
allows for disposal of 10 to 15 million gallons of municipal sewage water
per day. The water is recovered, purified, and mixed with Colorado River water
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and recharged into the area's groundwater supplies.8 The forest floor
is also an important builder of soils, as well as filter of water. The
deep and extensive root systems of most tree species serve as recycling
pumps for deeply stored minerals and nutrients. During the growing season,
minerals, water and organic nutrients are brought into the leaves. When
deciduous trees, especially maples, drop their leaves in the fall, they de-
compose and provide food for plants and animals. As this process continues,
plants increase their productivity, the organic soil can be gradually re-
stored to health. (See Figure VII-4.)
Woodlands are particularly important protectors and conservers of
watersheds and soils in certain critical areas. Destruction of woodlands
in hilly or mountainous regions can have serious effects. In such areas,
where the soil mantle is especially thin, the loss of forest cover can re-
sult in erosion of the valuable soil. With no soil and vegetation to mod-
erate runoff from precipitation, flooding may result, as well as loss of
precipitation ordinarily retained and recharged into groundwater reserves by
the forest. The soils of the mountainous regions in the east and west, as
well as those in the north-central and northeastern states where a thin soil
mantle overlies bedrock, are particularly vulnerable to the loss of vegeta-
tive cover.
In other areas of the country, especially in some southern states,
forests help to improve the quality by providing organic litter which keeps
the sandy or clayey soil friable as well as fertile. Loss of woodlands
in these areas often results in an uncultivable, baked clay surface of
land.
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Figure VII-4
Trees as nutrient cyclers
Minerals and
organic nutrients
are re-deposited
on thetopsoil
where they are
more available to
plants and animals
Nutrients carried
deep into soil
by rain
Mineral material
.
3. Woodlands Are Buffers to Pollution
Not only do the forests aid in soil and water quality, they also aid
in air quality. Leaves moist with dew or rainwater can reduce the suspended
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particles in the air, which are later washed off by rainwater. But plants
can also serve to moderate the effect of chemical pollutants in the air by
absorbing some quantities of ozone, carbon dioxide, and sulfur dioxide.
Though plants can absorb such pollutants and thus moderate their effect,
trees themselves can be severely damaged by them, as some trees along the
freeways in Los Angeles have been by the vast quantities of ozone produced
from automobile exhaust. Conifers and other evergreens are particularly
susceptible to air pollution since, unlike deciduous trees, they retain
their needles year-round. This is a particular problem in cold climates
where salt used on highways and streets severely damages evergreen trees.
Forests can also contribute to the abatement of noise pollution. The
density of a forest as well as the source of the sound are the critical fac-
tors here. A dense stand of trees can significantly cut noise from adjacent
factories or highways by six to eight decibels per 100 feet of forest. Many
conifers, because of their thick, year-round foliage, are particularly
valuable for moderating noise. (See Figure VII-5.) Moreover, the moderating
effects of forests on temperature and wind can significantly cut the sound-
carrying capacity of the atmosphere. However, noise from sources located
above the trees, such as airplanes, are only slightly filtered by the foli-
age.
The significance of woodlands is given added weight by the less quanti-
fiable benefits they provide to the public. Forests are important buffers
in the landscape. They add aesthetic values to rural, suburban or urban life
as well as provide attractive sites for recreational activities, such as hik-
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Figure VII-5
Noise and exhaust buffering by trees
ing, camping, picnicking and other types of recreational activity. Scenic
and recreational uses of the forest provide a secondary benefit: the con-
tinued stability of good real estate values. Since people choose to livo in
and around woodlands, providing for woodland protection in the planning of
development projects will maintain good real estate values.
4. Woodlands Are Moderators of Climate
The resilience of forests in adapting to environmental change is
aided by the creation of a microclimate around the forest itself. The for-
est not only adapts to its environment, but also significantly influences
it on a local level in order to maintain and augment environmental condi-
tions favorable to itself. Those qualities of the forest in moderating and
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and buffering temperature, precipitation, runoff, wind, and noise are fea-
tures of this microclimate effect.
The most marked manifestation of the microclimate of a forest can
be noticed as one drives past a woodland on a hot summer day. The wind
from the fields and towns is hot, while the forest provides a cooling
breeze. The forest canopy functions much like a cloud cover, keeping
warmth from the ground in at night and dispelling heat from the sun during
the day. Part of the dispersal of daytime heat is accomplished by absorp-
tion of solar radiation. Sixty to 80 per cent of solar heat intercepted by
the forest is used in evaporation, and the process of photosynthesis trans-
forms an additional, though smaller percentage of it. (See Figure VII-6.)
Moreover, the vegetation of the forest produces "summer haze," a cover of
water vapor from transpiration and evaporation which can absorb up to 20 per
cent of incoming solar radiation. The forest thus acts as an air conditioner
to surrounding areas by absorbing large quantities of radiation and moderat-
ing large amounts of air within its shade.
The benefits of this microclimate effect to surrounding urban and
suburban areas can be significant. An urban environment devoid of vegetation
is the exact opposite of the forest microclimate. It increases the range of
temperature fluctuations, much like the climatic effects of the desert. The
sun's energy striking streets and buildings is changed into sensible heat,
further increasing the temperature on a hot day, but at night buildings lose
this heat and afford no protective cover from night chill or winter winds.
Thus, if forests are interspersed among built-up areas, the effects of their
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Figure VII-6
The microclimate effect of woodland
Day
Night
Night
Radiant energy
is reflected,
absorbed and
converted to
heat energy
Great
temperature
extremes
from day to
night
Heat energy
radiates freely
into space
Radiant energy
is absorbed
and used by
the vegetation
Smaller
temperature
extremes
from day to
night
Heat energy
is contained
by the canopy
and understory
microclimates can be felt in adjacent urban areas, moderating fluctuations
in temperatures by keeping the surrounding air cooler in the summer and
daytime and warmer in the winter and evening.10
C. The Local Regulation of Woodlands
Without some form of land-use regulation in wood areas, a community
risks the loss of its forest and tree resources and their many public bene-
fits. A community may also find its tax dollars being used to repair the
•
damage to other resources as a result of the unregulated development of wood-
lands. In such cases, communities must absorb the substantial economic costs
of woodland destruction, such as increased sedimentation, loss of soils as a
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result of erosion, decline in water quality, damage to recreational areas,
and lowered property values. The idea of land-use regulation in wooded
areas is to prevent these losses and expenses by identifying the specific
benefits woodlands provide to the community and implementing measures to
assure that woodland development is compatible with the health of forest
resources.
While regulations have been developed to protect other critical
environmental areas, woodlands have been relatively ignored, even though
their benefits to the public as buffers and moderators of flooding, erosion,
and noise and air pollution are so important to the public good. While
hillside ordinances and erosion and sedimentation regulations play a part
in protecting woodland resources, there are few provisions specifically
directed at maintaining the health of forests. Trees within the public do-
main, such as those growing on city streets or in parks and forest preserves,
are as a matter of course given protection. This study is more concerned
with those regulations which have been developed to protect the public values
of woodlands found on private lands. Some of these lands are large enough
to support some commercial forestry, others are limited stands of trees
threatened by commercial, agricultural,or residential development.
The three types of ordinances providing protection for the public
resource values of woodlands are tree-preservation ordinances, timber-har-
vesting ordinances, and woodland-protection ordinances. A tree-protection
ordinance is concerned with preserving as many yard and street trees as pos-
sible as land is developed for residential or commercial use. This policy
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is implemented by setting standards for tree preservation and requiring
permits for cutting mature trees. These ordinances can operate citywide
or in a specific tree preservation zone—usually single-family residential
areas. Timber-harvesting ordinances are concerned with regulating commer-
cial forestry practices specifically within urbanizing areas. They limit
the lumbering companies to selective cutting and regulate potential nui-
sance-like uses of the land,such as noise, log hauling, increased erosion
and mudding of surface water. And finally, the woodland-protection ordi-
nances identify sensitive wooded areas and propose to preserve not simply
trees, but the entire woodland ecology. Both tree-preservation and timber-
harvesting ordinances have been adopted by communities; woodland-protection
ordinances have not.
1. Purpose and Policy
In terms of purpose and intent these ordinances are all similar.
The model woodland ordinance designed by Michigan's Oakland County Planning
Commission is typical of them. It finds that rapid growth, the spread of
development, and increasing demands upon natural resources have had the
effect of encroaching upon, despoiling,or eliminating many of the trees and
other forms of vegetation and have disturbed the natural processes associated
with them. It also identifies the specific health,safety,and welfare func-
tions of these areas: (a) woodland growth protects public health through
the absorption of air pollutants and contamination, through the reduction of
excessive noise and mental and physical damage related to noise pollution, and
through its cooling effects in the summer months; (b) woodlands provide for
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public safety through the prevention of erosion, siltation, and flooding;
and (c) trees and woodland growth are an essential component of the gen-
eral welfare by maintaining play areas for children and natural beauty,
recreation, and an unreplaceable heritage for existing and future residents.
Consequently, the purpose of the ordinances is to provide for the protection,
preservation, proper maintenance and use of trees and woodlands in order to
minimize disturbance to prevent damage from erosion and siltation, a loss
of wildlife and vegetation, and/or from the destruction of the natural habi-
tat. (For the complete text see the appendices to this section.)
The central issue that all the ordinances address is the conflict
between urban development and the maintenance of these natural resources.
All of them have the same comprehensive concerns of the Oakland Ordinance,
and some of them go on to cite specific dangers to the community that the
ordinance attempts to alleviate. Saratoga, California's tree-preservation
ordinance, for example, mentions its air pollution problems with carbon
dioxide from neighboring industrial areas and freeways as a specific reason
for enacting protective legislation. The tree-harvesting ordinances also
extend their scope by addressing hazards specifically related to harvest-
ing techniques such as water quality control, sustained yield practices,
fire prevention and control, and traffic safety.
Likewise, the ordinances may also cover benefits or dangers peculiar
to the local community. A number of communities in the South and West have
designated heritage trees—trees that because of their individual history
or because of their species are particularly important to local identity.
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The redwoods in California and the live oaks of the South are often given
special protection. Likewise there may be provisions preventing the plant-
ing of nuisance trees that have shallow roots and fall easily or present
other dangers.
Although these three kinds of ordinances look alike in their pur-
pose statements, they must be treated separately because they are approach-
ing the protection of public resource values in substantially different
ways.
2. Tree Preservation Ordinances
At the present moment, tree-preservation ordinances have more general
acceptance than the others. In 1968 when Charlotte Bingham wrote her report
on Trees in the City, she found only six cities which had enacted tree
preservation legislation. However, according to a more recent study by the
International City Management Association, 31 per cent of the cities and 10 per
12
cent of the counties surveyed had some form of tree-preservation ordinance.
It is unclear exactly what local communities consider tree preservation ordi-
nances, and they may be including open space, wetland, or erosion-control ordi-
nances which have tree preservation elements in them. But it is clear that
the number of communities attempting to preserve these natural resources by
tree-preservation ordinances is growing.
Atlanta, Georgia's tree preservation ordinance, described in some
detail in the Bingham report, remains one of the most comprehensive. It de-
fines a tree-protective zone and creates the position of city arborist to
administer the regulations. A tree is defined as "any woody plant except dog-
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wood that has a single trunk with a caliper of five inches or more at six
inches above the ground." (A dogwood, the official tree of Atlanta, becomes
subject to regulation when the caliper reaches two inches.) The standard
of five inches in diameter is generally accepted by botanists as the dis-
tinction between mature trees and saplings. The specific size of tree pro-
tected, however, would be a function of the tree species and the growing
considerations in the local area. For example, Atlanta sets a different
standard for dogwood because it is a smaller species. A two inch dogwood
is a mature specimen while a two inch elm or oak would still be considered
a sapling. On the other hand, in a more arid climate than Atlanta's—char-
acterized by very slow tree growth, the standard would also be different
since a two or three inch tree could represent a more significant resource
in terms of the time it would take to replace it.
The Atlanta Tree Protective Zone itself is the portion of the lot
covered by the front, side and rear yard requirements established by the
Zoning Ordinance. And the ordinance protects the trees before, during, and
after development. In order to protect undeveloped land, the ordinance
specifies that on land where a building permit or subdivision approval has
not been issued, "the destruction, within any five-year period, of more
than 25 per cent of the trees on any one parcel of real property within the
City, without prior approval of the City Arborist, shall be prohibited."
Before development can occur, the developer must submit a site plan
to the City Arborist which includes the following information:
A. All existing trees within the Tree Protective Zone
which are at least 5-inch caliper at 6 inches above
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the ground and all Dogwood trees which are at least
2-inch caliper at 6 inches above the ground.
B. Trees to be removed and trees to be maintained.
C. Specifications for the removal of existing trees
and protection of existing trees during construc-
tion.
D. Grade changes or other work adjacent to tree which
would affect it adversely, with specifications on
how the grade, drainage/and aeration will be main-
tained around the tree.
The City Arborist then reviews the site plans to be sure that "trees are
retained in lawn or paved areas within the Tree Protective Zone without mak-
ing demands on the owner which would deny him the reasonable use of his land."
If the plans are denied "the reasons shall be reported, in writing, to the
applicant."
During development the ordinance requires that "the builder shall erect
suitable protective barriers around all trees specified to be maintained and
shall not allow storage of equipment, materials, debris or fill to be placed
in this area except as may be necessary for a reasonable time if no other
storage space is available."
The ordinance also includes sections dealing with permits for tree
cutting, pruning, and removing at other times. It provides for emergency re-
moval in situations such as windstorms or ice storms so that permits for
tree removal can be waived in_order to speed emergency work. Also individual
homeowners in areas zoned for single- or two-family occupancy are exempt from
permit requirements except where more than two neighboring lots are being
developed at one time.
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There is a question whether the exemption of individual homeowners
from the ordinance is effective. After preserving the trees before, during
and after development, the homeowner can go ahead and remove them. This
is certainly a possibility. However, the ordinance does bring the most
gross and outrageous abuse of tree resources under control. It assures the
community that developers will not clear cut any area simply because it
allows cheaper development. In this implementation of the goals of preserv-
ing the beneficial effects of trees by maximizing the retention of trees
already on the site, the Atlanta ordinance is well designed.
While these ordinances were originally designed to preserve shade
trees in residential environments, they have been significantly broadened
and refined. One of the most interesting of these is Leon County, Florida.
They have developed two zones for tree protection. The first of these, the
Primary Tree Protection Zone, is essentially the same as Atlanta's. The
zone covers the front, side, and rear yard setback areas as established by
the zoning codes of the City of Tallahassee and Leon County. In this zone
any tree at least four inches in diameter measured at a height of four and a
half feet is a protected tree and needs a permit from the Environmental Ad-
ministrator for its removal. The second of these zones is new. The Secon-
dary Tree Protection Zone is not limited to the yard areas but includes all
land in single-family or two-family residential districts, mobile home dis-
tricts, estate districts, and agricultural districts. In this zone "any
tree having a diameter of 36 inches or greater is a protected tree." This
zone is designed to protect the live oaks and other large trees that have
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taken hundreds of years to grow in the area and give the community much
of its character. For these large trees, the community becomes involved
whether or not they fall within the established setback areas, and it
attempts to preserve them wherever they occur.
Leon County has also recognized that it is more important to pre-
serve established native trees than simply requiring tree plantings. Con-
sequently, they have coordinated their landscape ordinance with their tree-
preservation ordinance. In order to maintain the resource values of trees
to the community, the landscape ordinance establishes a public policy "to
foster a county-wide reforestation program." The reforestation program
requires that any developed area shall have trees at "the ratio of 10 trees
for each acre and 5 trees for every major fraction thereof." This section
of the landscape ordinance addresses the general need for landscaping and
guarantees that such areas as shopping center parking lots will have some
trees. It encourages tree preservation since if the trees,are not preserved
they will have to be replanted. The developer can cut his costs by simply
designing his site to preserve trees already present rather than going to
the expense of planting new trees. It also reduces the problem of trees
mysteriously dying or disappearing. If they do, they will have to be re-
placed.
The Leon County Landscape Ordinance gives further incentives for tree
preservation by providing an exchange rate between established trees and the
required 10 trees per acre:
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7.1 Exchange Rate—The reforestation requirement shall be
credited for preserved trees at the following rate:*
Existing Crown Diameter**of Tree Number of
Spread of OR Trunk of = Trees
Preserved Tree Preserved Tree Credited
90 ft. or greater 36 ins. or greater 7
60-59 ft. 30-35 ins. 6
50-59 ft. 26-29 ins. 5
40-49 ft. 20-25 ins. 4
3^-39 ft. 13-19 ins. 3
20-29 ft. 8-12 ins. 2
16-19 ft. 4-7 ins. 1
Crown spread measurement shall be rounded off to the nearest
whole foot and the tree trunk diameter measurement shall be
rounded off to the nearest whole inch.
**
Measured at a height of 4-1/2 feet above the natural grade.
In order to obtain credit the preserved trees must be of a specific quality.
(The ordinance stipulates that they be of quality grade Florida No. 2 or
better, as described in Grades and Standards for Nursery Plants, published by
the Florida Department of Agriculture.) The continued health of these trees
is also protected by a special requirement that 50 per cent of the ground
area tinder and within the drip line of the trees be maintained in vegetative
landscape material or pervious surface cover.
In essence the Leon County ordinance is a credit system that estab-
lishes the relative value of existing trees and newly planted trees: an oak
with a 14-inch diameter and crown spread of 38 feet is equivalent to three
new saplings planted on the site. In contrast to this, Gainesville, Florida,
has developed a system-which exchanges general landscape requirements for
tree planting or preservation.. Their landscape ordinance requires that a
minimum of 10 per cent of the total developed area of any parcel or property
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which comes within the provisions of the ordinance be devoted to landscape
development. The planting or retention of trees acts as a credit for this
requirement. In the case of planting trees, large-tree species (which are
listed in the ordinance) give 230 square feet of credit and medium-sized
tree species (also listed) give 100 square feet. In the case of preserv-
ing mature specimens the credit is higher:
Large Trees: greater than 12-inch caliber—500 square feet
greater than 6-inch caliber—400 square feet
Medium Trees: between three to 6-inch caliber—200 square feet.
Like the Leon County ordinance, this ordinance also has provisions for pre-
serving an area around the tree to provide water and nutrients to the tree.
If a developer has an oak of 13 inches on his property which he preserves
and preserves a 1,000 square feet around it, it would count as 1,500 square
feet on his 10 per cent landscaping requirement.
Dovetailing the tree preservation ordinance with the landscape ordi-
nance provides a more equitable land control system. Those landowners who
have trees on their property are not treated differently than other land-
owners. All are required to provide vegetative cover on part of their pro-
perty, but those with substantial trees are given the option of preserving
those trees instead of following the general landscape requirements.
The communities that have implemented these tree-preservation ordi-
nances have found them effective. They have not run into serious legal dif-
ficulties ,and the permit systems have been easy to administer. In turn,
they have substantially decreased indiscriminate tree cutting. Their effect
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for a community, however, is very much like a street tree ordinance or a
landscape ordinance that requires trees to be planted along residential
streets or within commercial development. They have the distinct advan-
tage of maintaining already mature trees, and maintaining mature trees
which are likely to be native species so that there is some assurance that
the trees are adapted to the climate and soil conditions of the area. This
approach also avoids the problems of a single stock of trees which have
occured with the American Elm plantings in many midwestern towns.
These ordinances do not, however, protect woodland ecology. Though
they preserve some of the trees themselves, they do not protect the under-
story of shrubs and herbs, nor the leaf and litter layer of the forest floor.
With these gone, much of the effectiveness of the forest to moderate runoff
is gone, and much of its ability to absorb the impacts of suburban or urban
stress are gone.
There have been some attempts to redesign so that they are more sen-
sitive to the ecological functions of wooded areas. One way is to connect
the permit system more closely to these functions. Hayward, California
has been particularly successful, using a criteria list for both removal or
retention of trees. Instead of requiring a set number of trees per acre,
the requirements are in terms of how the trees function:
(b) The determination of the Parks Superintendent or his
designated representative shall be based on the follow-
ing criteria:
(1) The condition of the trees with respect to disease,
danger of falling, proximity to existing or pro-
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posed structures, interference with utility
services and interference with neighboring
property owner's views.
(2) Necessity to remove trees in order to construct
proposed improvements to allow enjoyment of
substantial property rights.
(3) Topography of the land and the effect of tree
removal on erosion, soil retention and the
diversion or increased flow of surface waters.
(4) The number of trees existing in the neighbor-
hood, and the effect of tree removal upon pro-
perty values in the area.
(5) Good forestry practices: i.e., the number of
healthy trees that a given parcel will support.
(6) The tree in question is of landmark importance
and its retention as such will not unreasonably
interfere with the use of the property upon
which it is located.
A criteria list such as this ties the regulation more directly to the eco-
logical functions of woodlands. In this case the preservation or retention
would not be on tree size alone and whether it was within the yard require-
ments, but how important it is to the land. In administering the criteria
on topography and surface water, for example, it may be better to maintain
the trees on the steep section of the lot or along the natural drainage pattern
than simply to save the largest trees. This criteria list could be ex-
panded to fit the particular needs of the community so that it also includes
the noise buffer function or other • functions that Hayward has not used in
its criteria list.
Another adaptation of the tree-preservation ordinance has been its
use to protect the ecological function of specific kinds of tree communities.
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A case in point would be a tree community important for reducing natural
hazards. Clearwater, Florida,has pioneered in this style of tree preser-
vation ordinance. In addition to their regular tree-preservation ordinance
they have established two others: one to preserve a particular ecological
benefit and another to prevent an ecological problem. In the first they
have provided special protection for all species of mangrove. These trees
line much of the coastal area and because of their root and stem structures
they are crucial for absorbing the impact of storms and thus protecting
the inland from high waves. In order to preserve this important safety func-
tion, no mangrove tree, regardless of size, located within an area thirty
feet landward and thirty feet seaward of the established bulkhead line can
be removed without a tree removal permit.
This adaptation of the tree preservation ordinance could be used in
comparable situations. For example, in some of the dune areas of Long
Island, New Jersey, or Michigan, the pine barrens prevent the dunes from
being shifted by the wind. It would be appropriate to use a tree preser-
vation ordinance in these ares in order to prevent the destruction of other
land by shifting sand. In this case a permit procedure would both require
a maximum retention of the trees and also evidence of how the disturbed
areas would be stabilized. Another example, would be the gullies and draws
in the West that are subject to severe flash flooding. Here the cottonwoods
and other trees are an important break to the impact of the water.
Clearwater, Florida,has also protected itself against trees that can
cause hazards themselves. They have forbidden the planting of punk trees
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and Brazilian pepper trees because they are an exotic weed species. They
are a hazard to native vegetation because they can crowd it out and des-
troy the natural diversity in vegetation. In turn this causes monotypical
stands that when struck by disease {or in this case frost) leave the commun-
ity with serious hazard problems from fire or erosion.
3. Timber Harvesting Ordinances
Timber harvesting ordinances address a different set of issues than
the tree preservation ordinance. They are designed for areas with commer-
cial timber operations that are also experiencing urban and suburban growth.
As such they are first interested in regulating harvesting practices that
can either cause nuisance or hazards in this setting, second, they regulate
timber harvesting in order to integrate the commercial value of the forest
with the residential values of the woods, and finally, they regulate har-
vesting in order to sustain it as part of the economic base of the area.
Though not every community has woodlands large enough to make commercial
timber operations economically feasible, many of the provisions of these
ordinances have application in other situations.
Much of the regulation of nuisance values is peculiar to timber
harvesting. For example, the two counties that have used these ordinances—
Napa County and San Mateo County, California—have provisions on noise con-
trol, log hauling on public roads, and fire hazards. (For the text of the
San Mateo ordinance see the appendix to this se'ction.) The planning commis-
sion is given the authority to regulate these activities. It can regulate
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the days and hours of timber harvest, when, in its opinion, such operations
will create a serious public nuisance to resident population through noise
pollution. Log hauling is not permitted on nonworking days such as Satur-
day, Sundays and major holidays or during peak commuter traffic hours. And,
wherever practicable the companies must provide firebreaks to reduce fire
hazards,and any open burning must be done only with the approval of the Air
Pollution Control District. All of these controls are comparable to the
local requirements that would be placed on other industries.
The more interesting provisions of these two ordinances is the
methods they use to integrate timber harvesting with the general public
resource values of the wooded areas. Specifically, they are interested in
preserving soil stability—preventing erosion or landslides, and preserving
surface water quality. This is done by a series of cutting specifications
which require the company to use selective cutting procedures. In old growth
stands—stands with trees greater than 200 years old—40 per cent of the live
coniferous trees 18 inches in diameter or greater must be left. Within this
40 per cent, 25 per cent of the trees between 30 and 60 inches in diameter
must be left and 15 per cent of the trees over 60 inches must be left. In
these stands the timber operator is also encouraged to leave coniferous
trees over 30 inches in diameter in such locations and in such manner as to
minimize the risk of windthrow and maximize streamside, scenic, and recrea-
tional values. There is a similar set of requirements for prior cut stands,
but here the timber operator is allqwed to thin dense thickets to allow for
better timber production. Finally, there are more restrictive cutting speci-
cations within roadside corridors and scenic corridors.
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Often the loss of trees causes less damage to the forest ecology than
the process of getting heavy equipment into the forest, cutting the trees, and
taking the logs out. Consequently, the San Mateo ordinance has extensive
specifications for construction activities associated with timber harvesting.
The truck roads, tractor trails, firebreaks and landings are to be located
and designed so that they do not: 1) adversely affect the stability of
property owned by others; 2) cause soil to be deposited on property owned
by others; 3) cause excessive erosion and landsliding; 4) contribute signifi-
cantly to the degradation of water quality. The specifications for these
activities are designed to minimize their impact. The road widths are limited
to single lane, they are to be laid out to follow the contour of the land.
The tractor trails are not to be constructed parallel to natural watercourses
where such construction will likely cause major soil movement, and landings
are to be constructed are in open areas whenever practical.
The most detailed of the specifications relate to maintaining natural
drainage patterns and protecting streams. In all the construction the water-
breaks are to be designed to keep the surface runoff following its natural
pattern rather than becoming channelized along the road or trail construction.
Likewise all streams must be protected with buffer strips or with additional
soil erosion control provisions to maintain their water quality.
The third obj ective of these ordinances is to maintain the forest as an
economic resource for the area. This is primarily done by the selective cutting re-
quirements described earlier. These cutting requirements also specify the
leaving of seed trees to allow reforestation of the area. In addition,
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the San Mateo ordinance also limits the frequency of timber harvesting.
For both conifer and hardwood stands harvesting is limited to only one
operation in any 10-year period of time. And even then this is dependent
on whether minimum stocking has been accomplished in that period. This
minimum is established in the definition section of the ordinance as a
count of 600 per acre where trees of three years of age and less than four
inches in diameter count as one, those between 4 and 12 inches count as
three, and those over 12 count as six.
While these regulations appear to be fairly restrictive toward the
lumber operators, they can be an advantage to. them. Once a productive
timber area starts becoming urbanized, these companies come under pressure
from the new inhabitants. The residential homeowners do not like the noise,
the traffic, the way the landscape is changed by timber practices—timber
practices that may be perfectly acceptable in more rural areas. By amelio-
rating these kinds of conflicts, the local government actually helps main-
tain the viability of these operations, and the consequences of one poorly
designed timber operation will not jeopardize the rest.
Both the San Mateo and the Napa County ordinances are highly techni-
cal ordinances. The level of detail concerning harvesting specification
requires complex application and review procedures. The timber harvester
must provide detailed information about his procedures for a given site,
including topographic maps indicating ownership of surrounding land and
the location, of all construction,such as roads, trails, and drainage struc-
tures. In turn the planning commission must evaluate the application, do a
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field investigation, and hold public hearings with prior notices going
to all property owners within 2,500 feet of the parcel to be harvested
and to domestic water suppliers whose watershed includes all or part of the
parcel to be harvested. For the ordinances to be effective they require
the planning commission to have forestry expertise on their staff in order
to assure quality work on this review, and to assure that the necessary
monitoring is done during the actual harvesting process. To remain effective,
the ordinances themselves must be kept up-to-date with the "best known" for-
estry practices.
4. Woodland-Protection Ordinance
The Model Woodland Protection Ordinance, as established by Oakland
County, Michigan, seeks to protect the entire woodland—not only the trees
but the associated flora and fauna as well. In its comprehensive approach
it is more similar to ordinances for other sensitive areas such as flood-
plains and wetlands. The only acts that are permitted as a matter of right
are the traditional list of "light uses":
(i) Conservation of soil, vegetation, water fish, and
wildlife;
(ii) Outdoor recreation: including play and sporting areas,
field trails for nature study; hiking and horseback
riding, boating,trapping, hunting,and fishing where
otherwise legally permitted and regulated;
(iii) Grazing, fanning, gardening,and harvesting of crops,
and forestry and nursery practices where otherwise
legally permitted and regulated;
(iv) Operation and maintenance of existing dams and other
water control devices, if in compliance with state
statutes;
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(v) Driveways and roads where alternative means of access
are proven to be impractical.
Any other uses require a permit. The prohibition section of the ordinance
is similar to the tree-preservation ordinances in that it prohibits the
removal or damage of any trees with a trunk diameter of three inches and
also prohibits the removal of trees and similar woody vegetation of a small
diameter when they are growing on land subject to the town's or county's
floodplain and wetland protection zones.
Unlike the floodplain and wetland ordinances, however, the woodland -
protection zone is not designed as a limited-development area. Compatible
development is allowed through a permit procedure which operates by a set of
standards:
Section 2. Standards.
The Commission shall establish specific standards to guide the
development of woodlands in this Township, including the spacing
of trees, the clearing of shrubs and brush, the density of vege-
tation growth and preservation per acre, forestry and tree re-
placement practices. However, since the environmental values,
soil characteristics, tree growth, and related natural resource
parameters will remain unique for each parcel of land and for
each development application—each permit application shall be
reviewed on an individual basis. Nonetheless, the following
criteria must be considered and balanced with respect to each
permit application under this Ordinance:
(1) Residential living units shall blend into the natural set-
ting of the landscape for the enhancement of sound, orderly
economic growth and development and for the protection of
property values in this Township.
(2) The preservation of woodlands, trees, similar wood vegetation,
and related natural resources and values, as more fully de-
scribed in article two (2), shall take priority over all
forms of development—particularly industrial and commercial
development—when there are no location alternatives.
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(3) The protection and conservation of irreplaceable natural
resources from pollution, impairment, or destruction shall
remain the paramount factor.
(4) No application shall be denied solely on the basis that
some trees are growing on the private or public property
under consideration. Other factors which demonstrates a
public need for woodland preservation must be stated.
(5) The total acreage of woodlands per capita existing in the
Township shall be considered.
(6) Each application shall be reviewed to measure the likeli-
hood that some of the parcels of land in question may be
required for recreation and/or other public acquisition
purposes in the near future.
(7) The relationship of streets, highways,and other transpor-
tation corridors to the woodland area shall be considered,
along with alternatives for new transportation routes and
for the location of the proposed development.
(8) All recommendations by the Commission under this Ordinance
shall be consistent with total, comprehensive community
planning for this Township.
(9) The burden of demonstrating (i) that there are no feasible
and prudent alternatives to the development proposed in a
permit application under this ordinance and (ii) that denial
of any requested permit will prevent an owner of property
in this Township from securing a reasonable or fair economic
return from his property—shall be on the applicant.
The attractive part of this ordinance is that it brings some of the
advantages of planned unit development ordinances to development in wooded
areas. The Lake Tahoe PUD ordinance, for example, states:
All subdivisions shall be planned, designed, constructed,
and maintained so that existing healthy trees and native
vegetation on the site are preserved to the maximum extent
feasible and are protected by adequate means during construc-
tion.
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The woodland ordinance attempts to implement this goal. While the PUD
procedures have the advantage of working with larger developments and
can thus obtain tradeoffs of clustering with open space preservation, the
woodland ordinance, on a smaller scale, can do some of the same. By coordi-
nating the placement of residential units, for example, the interior parts
of a development could be left in a natural wooded condition. This feature
of the ordinance could be especially beneficial when a community is con-
»
cerned about areas with significant stands of climax, relic, or particularly
ecologically valuable woodlands, or when the wooded areas are critical be-
cause of their location on fragile soils, or along ravines or hill ridges
where the erosion-control function of the total forest ecology protects the
land more completely than simply leaving a maximum number of trees-
a. Strengthening the Model Ordinance
(1) Regulation of permitted uses—There are weaknesses in the Oakland
Model Ordinance itself. Some of these are similar to the problems of wet-
land ordinances. The traditional permitted "light uses" are not necessarily
compatible with woodland ecology. For example, grazing or agriculture
could seriously disturb these areas and eventually destroy them by cutting
off the growth of saplings and thus preventing woodland reproduction, as
well as destroying understory vegetation. In addition, it is doubtful that
a court would accept these as adequate uses of the land,since it is diffi-
cult to pursue agripulture or livestock grazing on small parcels. This
difficulty, however, may be less serious than with wetlands,since other
forms of land use, such as residential development—are easily possible
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under the conditions of the ordinance. However, to assure that permitted
uses such as roadways and forestry practices are pursued in a manner com-
patible with woodland ecology, supplemental regulations, such as those
developed for timber harvesting, would be useful.
(2) Environmental information—Another change that could strengthen
the model ordinance would be the inclusion of more specific requirements
concerning information to be provided by a potential developer. (Again,
see following section on Timber Harvesting Regulation.) In some PUD ordi-
nances, such as that of Boulder, Colorado, detailed information is required
about the location, species, and quality of the trees present before devel-
opment. Similar kinds of information requirements for woodland-protection
ordinances would ensure a better job on permit decisions. An application
for permission to develop under a woodland-protection ordinance should con-
tain, in addition to the usual site plan, two kinds of environmental infor-
mation—baseline information and impact information.
Baseline information concerns the existing state of the wooded area,
provides the essential framework within which the developer's application
can be evaluated, and is particularly important for the application of any
cutting provisions of the ordinance. At a minimum, this information should
deal with existing drainage patterns, slope conditions (by average slope
in gradations of 10 per cent), soil conditions, and trees. The tree infor-
mation should cover the types of trees; their size (d.b.h.) by type, their
age by type, their conditions by type, and their density and spacing. If
the community does not have this information in a natural resources inven-
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tory of its own, then the developer should be required to submit this in-
formation as part of the initial application.
Impact information concerns the state of the wooded area after the
completion of the development. This information would cover exactly the
same items of information as the baseline information. Together, the base-
line information and the impact information would provide before and
after pictures of how the proposed development would affect the woodlands.
Moreover, the conjunction of the two kinds of information would allow the
identification of the trees that are to be removed.
(3) Policies and standards—Under the technique of permit review,
environmental information is particularly important. Placing the responsi-
bility for setting specific standards for woodlands development on local
planning commissions or planning staffs often overburdens the expertise of
these bodies. They usually do not have available the knowledge that allows
them to relate particular development proposals to specific principles for
spacing trees, clearing shrubs and bushes, establishing densities for vege-
tation growth, replacing forests and trees, and similar undertakings. This
inability on the part of local bodies usually results in their creating a
series of generalized practices or policies that apply to all developments.
Such general policies without effective evaluative measures are not a sub-
situte for specific standards or criteria.
These standards can be adapted from current tree-preservation ordi-
nances and timber-harvesting ordinances. The Hayward, California criteria,
that was described earlier, would fit well with a general woodland-protec-
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tion ordinance. These criteria are designed in terms of ecological func-
tions of woodlands and the decision to allow development depends upon the
effects it will have on erosion, soil retention,and the diversion or in-
creased flow of surface water. The timber-harvesting ordinances also have
provisions for protection of water quality—forbidding any activity which
causes significant degradation of water quality in streams that are impor-
tant ifor domestic water supplies or act as important resources for fishing
or other recreational activities. ,
If desired, communities could develop specifications for construc-
tion in these areas. These would adopt some of the construction specifica-
tions from the timber-harvesting ordinances so that they would apply to
other kinds of construction. It would require roads to follow the contours
of the land, that they could not parallel streams, that they would have
drainage and erosion control facilities at set intervals. Likewise, as
much as possible, other forms of construction would be placed in already
open space areas and they would not be within a specified distance from any
stream or natural drainage channel. The weakness of these specifications,
however, is that they would lock the developer into one type of construction
when he may be able to do a better job of designing the land development
with greater flexibility. It would be better to set performance criteria
for development that would meet resource consideration: for example, setting
specific water-quality standards, requiring that surface runoff from a site
•
must be maintained at a specific percentage of runoff with natural woody
vegetation, or establishing standards for canopy and understory cover. This
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would allow the developer the latitude to both maximize his use of the land
and still maintain the important public resource values of the woodlands.
b. Supplementary Provisions; Grading, Erosion, and Sedimentation
Control
Aside from their standards concerning lot coverage and open or
natural areas, woodlands regulations should also be closely tied to both
a grading plan and a plan for the control of erosion or sedimentation.
For any development in a wooded area, specific grading provisions and
erosion/sedimentation provisions should apply. (See Section II for details
on these requirements.) Whether these provisions are contained in the
woodlands ordinance or in a related ordinance is not particularly important.
What is important is that the provision be applied; after all in five minutes
a bulldozer can destroy natural tree growth that took two hundred years or
more. Furthermore, since wooded areas are especially important in the con-
trol of erosion and sedimentation, it would be unwise to assume that they
will continue to exercise this function effectively in the face of nonregu-
lated development. Some development may render them incapable of exercis-
ing these functions. The grading and erosion/sedimentation provision should
be carefully calculated to maintain the environmental functions of a wooded
area.
D. Developing a Local Program for Woodland Protection
The most crucial factor for developing protection measure for both
trees and woodlands is clarifying the public values in these resources. It
is one of the anomalies of our present regulatory system that most communi-
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ties accept yard and landscape requirements, but feel reluctant about
preserving their trees and forests. There is generally strong public
support for maintaining wooded areas, but at the same time there is also
a preconceived notion that it is not right for a community to require it
of landowners. This reluctance is due to focusing too much on the aesthetic
considerations—how nice it is to have woods around. They are nice, but
they are also nice because they moderate temperatures, reduce noise levels,
stabilize soils, maintain surface water quality, and help moderate storm
hazards. All of these functions are important for preserving property
values and protecting a community's welfare. Communities do not have to
tolerate unreasonable abuses of these resources.
The first important step is analyzing a community's resources in
terms of these specific functions, and then developing a style of regulation
which is best going to protect them. If the prime importance is the main-
tenance of the microclimate effects of trees—their ability to cool the air,
reduce winds, absorb pollutants and noise, then the tree preservation ordi-
nance will provide the necessary protection. Most urban areas will probably
find these techniques the most useful. If their importance derives from
their ability to maintain soil stability and protect surface water quality,
then the more comprehensive woodland regulation is appropriate. This regu-
lation will maintain both the native canopy and the understory vegetation
along stream banks, in natural drainage areas, and on steep slopes. If
the woods are important for their commercial benefits to the community,
then the timber-harvesting ordinance is best. The style of regulation needs
to be adapted to the local community needs.
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The reluctance to enact tree-preservation ordinances or woodland-
protection ordinances has its greatest validity when it becomes an attempt
to preserve one person's woods while allowing others to exploit similar
resources. In some cases, communities may not want to preserve the general
functions of woods in the area, but only preserve specific tracts of woods.
For example, a community might want to preserve a unique tree community—such
as a surviving stand of American chestnut or an important stand of redwood.
While this kind of preservation has important public values in it, a regula-
tory program may be wrong because the weight of regulation falls on a few
selected landowners rather on the general population. In these cases acqui-
sition or some system of compensation is more appropriate.
Building equity into woodland protection so that all landowners simi-
larly situated are treated the same is important and it is not always easy
to do. Leon County. Florida, and Gainesville, Florida, have succeeded by devel-
oping a relationship between tree preservation and tree planting or land-
scaping requirements. All landowners have equivalent responsibility for
maintaining vegetative cover. Techniques for building similar equity into
a woodland-protection ordinance are not yet developed. It could be done by
setting a specific percentage of land that had to remain in its native vege-
tation within the woodland district, and then build in flexibility by allow-
ing density transfers to other lots when larger portions are preserved.
Some system such as this would give each person equal use of his land, but
also allow for the possibility of clustering development to exchange for
larger units of intacted woodlands. However it is done, it is an important
part of developing general community acceptance for woodland protection.
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NOTES
1. Edward P. Cliff, "Trees and Forests in the Human Environment,"
Trees and Forests in an Urbanizing Environment, (Amherst: University
of Mass., 1971), p. 18.
2. For a more detailed description of the regional woodland differences
of the U.S. see the following:
E.N. Transeau, H.C. Sampson, and L.H. Tiffany, Textbook of Botany
(New York: Harper and Bros., 1953), p. 742;
Forest Service, U.S. Department of Agriculture, Silvicultural Systems
for the Major Forest Types of the United States, Agriculture Handbook
No. 445 (Washington B.C.: U.S. Government Printing Office, 1973).
3. Transeau, et al., p. 743.
4. Eugene P. Odum, Fundamentals of Ecology,(Philadelphia: WB Saunders,
1971), p. 261
5. Robert L. Smith, Ecology and Field Biology, (New York: Harper and Row,
1966), p. 312.
6. The concepts of succession and diversity are discussed in detail in
the following sources:
Robert L. Smith, Ecology and Field Biology, (New York: Harper and Row,
1966), pp. 127-155;
7. Howard W. Lull, "Effects of Trees and Forests on Water Relations"
Trees and Forests in an Urbanizing Environment, (Amherst: Univ. of
Mass., 1971), p. 56.
8. William E.- Sopper, "Effects of Trees and Forests in Neutralizing Waste,"
Trees and Forests in an Urbanizing Environment, (Amherst: University
of Mass., 1971), p. 56.
9. Raymond E. Leonard, "Effects of Trees and Forests in Noise Abatement,"
Trees and Forests in an Urbanizing Environment, (Amherst: University
of Mass., 1971), p. 38.
10. For an excellent discussion of the effects of woodlands and trees on
the environment, (climate, noise pollution, erosions control, etc.)
see:
Gary O. Robinette, Plants People and Environmental Quality/ (Washington,
D.C.: U.S. Department of the Interior, 1972).
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11. Charlotte Bingham, Trees in the City, (Chicago: American Society of
Planning Officials, 1968), PAS Report No. 236.
12. Steve Carter, Lyle Sumek, and Murray Frost, "Local Environmental
Management," The Municipal Year Book, 1974, (Washington, D.C.:
International City Management Association, 1974), p. 258.
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BIBLIOGRAPHY
Farb, Peter. The Forest. New York. 1963. (Time-Life Inc.)
This is one of the Time-Life nature series with lots of color
photography designed to have popular appeal. It is written
from solid scientific information and represents an excellent
introduction to forest ecosystems.
Forest Service, U.S. Department of Agriculture. Silvicultural Systems for
the Major Forest Types of the United States. (Agricultural Handbood No.445)
Washington, D.C. 1973.
This pamphlet deals with timber management systems for the major
forest types of the U.S. and has good information on regional
aspects of forest lands. There are about 25 different types dis-
cussed; with a description of geographic region, dominant techni-
ques. Particularly useful is a list of references following each
section.
Smith, Robert L. Ecology and Field Biology. New York. 1966.
An excellent basic ecology textbook with chapters on wetlands and
woodlands. Chapter 9, Bogs, Swamps, and Marshes, and Chapter 11
on Estuaries, Tidal Marshes, and Swamps describe the ecosystems
of freshwater and coastal wetlands. Chapter 17, The Forest, ex-
plains climatic differences within a forest as compared to open
land and describes the major forest types of the earth. Not overly
technical.
University of Massachusetts, Cooperative Extension Service. Trees and Forests
in an Urbanizing Environment, proceedings of a symposium held at the Univer-
sity of Massachusetts, Amherst, August 18-21, 1970, Planning and Resource Devel-
opment Series No. 17 (Amherst: University of Massachusetts, 1971), 168 pp.
The 28 papers in this collection summarize current knowledge on the
role and function of trees in contributing to a quality environment
in densely populated areas. Deals with social values, management
aspects, and ways to implement environmental forestry.
Waggoner, Paul E. and J.D. Ovington, eds. Proceedings of the Lockwood Confer-
ence on the Suburban Forest and Ecology. New Haven, Connecticut. 1962. (Con-
necticut Agricultural Experiment Station Bulletin 652.)
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This work is a collection of papers that came out of the Lockwood
Conference on suburban forests. It discusses the importance of
forest lands to suburban and urban areas, the pressures that
these lands face and how planning techniques can relieve some of
this pressure. The edition contains pieces by some of the fore-
most people in the field of forest ecology.
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DATA NEEDS AND. TECHNICAL ASSISTANCE
The U.S.G.S. topographic maps indicate wooded areas. A green over-
print on the maps gives a rough designation of areas of tree cover. The
maps do not indicate type of dominant tree, density, or any other information
about an area so they should be used only to get a general idea of where
wooded areas may exist. Many libraries have the topo maps or they are available
from the U.S.G.S. (See Appendix G, page 517.) Low altitude aerial photography
has been done by some cities and counties; woodlands would be relatively easy
to locate with this kind of data. If your community has had such photography
undertaken, consult the photos for locating wooded areas. If these sources
are not available a rough field survey of your area can identify wooded areas.
Once the boundaries of wooded areas are roughly identified you can
begin with an inventory and evaluation of the vegetation of your woodland.
What kind of trees are present? How old are they? Is this a mature, stable
woodland? Are there any rare or endangered wildflower species? A professional
forester or a naturalist with a knowledge of woodland vegetation can answer
these questions. You could get the name of your state forester by calling
the U.S. Forest Service regional office nearest you, (there are ten; see
Appendix D, page 511). Ask for the regional forester, who will refer you
to the state forester. The Forest Service is involved to some extent with
all aspects of natural resources and should be able to answer most of inquiries
relating to woodlands. The SCS and Cooperative Extension Service of the USDA
also work with wooded areas and have naturalists who could make an inventory
and evaluation of a woodland. Contact your state conservationist, (See
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Appendix E, page 512), for SCS help or your county agent of the CES through
the regular county offices.
The people from the Forest Service and USDA agencies probably have
fairly broad backgrounds that include experience in wildlife, but if you
have more complex questions about wildlife use of a woodland, or questions
that the others cannot answer, the U.S. Fish and Wildlife Service specializes
in just that. They will know about what endangered animal species might be
using a woodland as habitat or feeding ground, or how disturbance will
affect the wildlife of a wooded area. There are six regional offices plus
an Alaska office of the USFWS. (See Appendix C, page 510.) Call them
and ask for the name of your state wildlife commission or game biologist;
you might have both. When you call the regional office ask for the Associate
Director for Federal Assistance; he/she is there for just such inquiries.
The two major public health, safety and welfare questions about dis-
turbance of a woodland are concerned with increasing erosion and flooding.
The SCG and USGS can help you out if the state forester hasn't already done
so. (State forestry divisions sometimes include hydrologists.) The SCS
soils maps will tell you what kind of soil the Woodland is on top of and how
easily that soil is likely to be eroded. Get the maps from your local SCS
office if you know where it is or call the- state conservationist to find
out. The USGS and state geological survey can tell you about the overall
watershed that the area is a part of and can offer advice on the effects of
a disturbance on flooding and sedimentation.
The local people -who live close to and spend time in your wooded area
area know something about it too. State DNR's and state Critical Areas Pro-
grams are concerned with wooded areas and they provide added resources to
draw upon.
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A SELECTED LIST OF
COMMUNITIES WITH WOODLANDS REGULATIONS
Alachua County, Florida
Board of County Commissioners
County Building
Gainesville, Florida 32601
Clearwater, Florida
Planning and Zoning Board
P.O. Box 4748
Clearwater, Florida 33518
Gainesville, Florida
Department of Community Development
Planning Division
P.O. Box 490
Gainesville, Florida 32601
Hayward, California
Planning Department
22300 Foothill Blvd.
Hayward, California 94541
Lake Tahoe, California
Tahoe Regional Planning Agency
P.O. Box 8896
South Lake Tahoe, California 92502
Leon County, Florida
Leon County Dept. of Environmental Services
1715 S. Gadsden Street
Tallahassee, Florida 32301
City of Novato, California
P.O. Box 578
Novato, California 94947
Oakland County, Michigan
Oakland County Planning Commission
1200 N. Telegraph
Pontiac, Michigan 48053
Saratoga, California
Planning Department
13
Saratoga, California 95070
Washoe County, Nevada
Regional Planning Commission
Reno, Sparks, and Washoe County
P.O. Box 1286
Reno, Nevada 89504
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APPENDIX Vll-a
LEON COUNTY ORDINANCE NO. 73 - 75
AN ORDINANCE RELATING TO THE PROTECTION OF CERTAIN TREES WITHIN LEON COUNTY:
IDENTIFYING THE PURPOSE AND INTENT OF THE ORDINANCE; PROVIDING DEFINITIONS;
ESTABLISHING OFFICIAL TREES; PROVIDING FOR TREE PROTECTION PRIOR TO DEVELOP-
MENT; ESTABLISHING PROTECTED TREES; ESTABLISHING A PERMIT PROCEDURE; PROVID-
ING FOR EXCEPTIONS; PROVIDING FOR VARIANCES; PROVIDING FOR APPEALS FROM
DECISIONS OF THE ENVIRONMENTAL ADMINISTRATOR; PROVIDING FOR THE PAYMENT OF
ATTORNEY'S FEES AND COSTS UPON APPEAL TO COURT OF COMPETENT JURISDICTION;
ESTABLISHING PENALTIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFEC-
TIVE DATE.
WHEREAS, trees are an invaluable physical and psychological counterpoint to the
urban setting, making life more confortable by providing shade and cooling the air,
reducing noise levels and glare, breaking the monotony of man's developments on the
land and, providing diverse environmental amenities, and;
WHEREAS, the use of requirements for tree removal and the resulting utilization
of trees as landscape elements can effectively aid in the protection and conservation
of the value of property; and
WHEREAS, the Board of County Commissioner of Leon County, Florida, has determined
that requirements for protection of trees within Leon County are not only desirable
but essential to insuring the health, welfare, and general well being of the community
and therefore, that the required use of such requirements is a proper use of the police
power; NOW THEREFORE,
BE IT ORDAINED BY THE LEON COUNTY BOARD OF COUNTY COMMISSIONERS OF LEON COUNTY,
FLORIDA:
Section 1. Purpose and Intent. The purpose of this ordinance is to establish
protective regulations for trees within Leon County in order to better control problems
of flooding, soil erosion, air pollution, and noise and to make Leon County a healthier
and safer place in which to live.
The intent of the ordinance is to encourage the protection of the maximum number
of trees within the primary tree protection zone and of large, specimen, trees within
the secondary tree protection zone. It is further the intent that the ordinances en-
courage in particular, the protection of the Live Oak (Quercus Virginiana) and flower-
ing trees for which Leon County is nationally recognized and which the County is in
danger of losing unless protective measures are taken. The intent is not punitive; or
to cause hardship to any individual, private or public company who use reasonable care
and diligence to protect trees within Leon County.
Section 2. Definitions
Tree. Any woody plant having at least one well-defined stem at least four (4)
inches in diameter measured at a height of 4% feet above the natural grade and a more
or less definitely formed crown.
Crown. The branches and foliage of a tree; the upper portion of a tree.
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Primary Tree Protection Zone. That portion of any lot covered by the front, side,
and rear yard setback areas as established and required by the Zoning Code of the City
of Tallahassee and Leon County, Florida, as the same may, from time to time be amended.
Secondary Tree Protection Zone. All lands included in Districts R-l, Single Fami-
ly Residential District; R-2, Single Family Residential District; R-3, Single and Two-
Family Residential District; MH-1, Mobile Home and Single Family Residential District;
E, Estate District; A-l, Agricultural District; and A-2, Agricultural District, as de-
fined in the Zoning Code of the City of Tallahassee and Leon County, Florida, as the
same may from time to time be amended, and any portion of a lot, regardless of zoning,
not included within the primary tree protection zone.
Tree Removal. Removal of a tree means any act which causes a tree to die within
a period of two years, including but not limited to, damage inflicted upon the root
system by machinery, storage of materials, and soil compaction; changing the natural
grade above the root system or around the trunk; damage inflicted on the tree permit-
ting infection or pest infestation; excessive pruning; paving with concrete, asphalt,
or other impervious material within such proximity as to be harmful to the tree.
Environmental Administrator. Agent of the Department of Environmental Services
who is responsible for administering the provisions of this ordinance.
Section 3. OfficialTrees of Leon County. The Live Oak (Quercus Virginian) shall
be the. official shade tree and the Dogwood (Cornus Florida) shall be the official flow-
ering tree.
Section 4. Protected Trees. No person, organization, society, association, cor-
poration, or any governmental agency or representative thereof, directly or indirectly,
shall, without first obtaining a permit as herein provided remove or relocate to another
site; (1) any tree within a primary tree protection zone; or (2) any tree having a dia-
meter of 36 inches or greater within a secondary tree protection zone.
Section 5. Permit Procedure.
A. Application permits for removal or relocation of individual trees or groups
of trees covered herein shall be obtained by making application for permit to the en-
vironmental administrator. The application shall be accompanied by a written state-
ment indicating the reasons for removal or relocation of trees and a general description
of the trees to be relocated or removed.
B. On site inspection. Prior to the issuance of a permit for tree removal or
relocation, the environmental administrator or his agent shall conduct an on-site in-
spection to determine whether or not such removal or relocation conforms to the re-
quirements of this ordinance.
C. Criteria for removal or relocation. •
1. The environmental administrator shall approve the permit if one
or more of the following conditions is present:
a. Necessity to remove trees which pose a safety hazard to
pedestrian or vehicular traffic or threaten to cause disrup-
tion of public services;
b. Necessity to remove trees which pose a 'safety hazard to
buildings;
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c. Necessity to remove diseased trees or trees weakened by
age, storm, fire, or other injury.
d. Necessity to observe good forestry practices i.e., the
number of healthy trees that a given parcel of land will
support;
e. Necessity to remove trees in order to construct proposed
improvements as a result of:
1. Need for access around the proposed structure for
construction equipment.
2. Need for access to the building site for construction
equipment.
3. Essential grade changes.
4. Surface water drainage and utility installations;
5. Location of the proposed structure so as to avoid
unreasonable economic hardship.
f. Necessity for compliance with other City of Tallahassee or
Leon County County codes such as building, zoning, subdivision
regulations, health provisions, and other environmental ordi-
nances .
2. The environmental administrator may approve the permit based on
the submission of proposed plans for landscaping whereby the
applicant has planted or will plant trees to replace those that
are proposed to be removed or relocated.
D. Application Review. The environmental administrator shall have seven (7) days
after receipt of an application filed pursuant to this ordinance in which to approve or
deny the requested permit. In the event that the environmental administrator denies an
application, the administrator shall specify to the applicant in writing the reason for
his action. If no final action with respect to an application is taken within the re-
quired seven (7) days, the application shall be deemed to have been granted.
Section 6. Exceptions. The terms and provisions herein shall apply to all real
property lying within Leon County, except:
1. Provision for one access drive, a maximum of twenty-seven (27) feet in width,
from the building site to each abutting street except that when storage lanes
are required and so designated, the provision for an access drive may be
thirty-nine (39) feet in width. These exceptions shall not apply to trees
thirty-six (36) inches in diameter or greater
2. In the event that any tree shall be determined to be hazardous or dangerous
condition so as to endanger the public health, welfare, or safety, and requires
immediate removal without delay, verbal authorization by telephone may be given
by the environmental administrator without obtaining a written permit as is
otherwise required herein.
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3. During the period of an emergency or any act of God, the requirements of this
ordinance may be temporarily waived by the environmental administrator so
that they will in no way hamper private or public work to restore order in
Leon County.
4. All licensed plant or tree nurseries shall be exempt from the terms and pro-
visions of this ordinance only in relation to those trees planted and growing
on the premises of said licensee, which are so planted and growing for the
sale or intended sale to the general public in the ordinary course of said
licensee's business.
5. All trees in active commercial operation, including planted pine forests,
shall be exempt from the terms and provisions of this ordinance provided
such lands are used for bona fide agricultural purposes only.
6. Lands from which the removal of trees is necessary for a bona fide agricultural
use.
Section 7. Variance.
The preservation of trees may be considered as a peculiar circumstance warranting
relief from the literal application of the appropriate City or County Chapters and Codes,
respectively the Subdivision Ordinance and Zoning Code. The owner may make application
for a variance to avoid the removal, relocation, or destruction of a tree to the Board
of Adjustment and Appeals which application for the variance shall be made without cost
to the owner.
Section 8. Appeals from Decisions of the Environmental Administrator.
Any applicant aggrieved by a decision of the environmental administrator made pur-
suant to this ordinance may appeal to the Board of Adjustment and Appeals as provided.
Section 9. Attorney's Fees and Costs Upon Appeal to Courts of Competent Jurisdic-
tion.
Leon County shall pay all reasonable costs of the proceedings in Courts of compe-
tent jurisdiction, upon an appeal from the Board of Adjustment & Appeals initiated by
the aggrieved owner, including reasonable attorneys' fees to be assessed by that Court,
except upon an appeal or review taken by the aggrieved landowner in which the judgment
of the Board of Adjustment and Appeals is affirmed.
Section 10. Annual Review. This ordinance shall be reviewed annually by the En-
vironmental Administrator, and specific amendments and revisions recommended to the
Board of County Commissioners as conditions and technology change.
Section 11. Penalty.
Violation of any provision of this Ordinance or the conditions of a permit issued
hereunder shall be unlawful, and any person violating any of the provisions of the Or-
dinance or the conditions of a permit issued hereunder, shall, upon conviction, be
punished according to law. In sentencing, the court may consider the successful re-
placement of trees illegally removed.
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Section 12. Severability.
If any section, subsection, clause, sentence, or phrase of this ordinance is for
any reason held unconstitutional or invalid, the invalidity thereof shall not affect
the validity of any of the remaining portions of this ordinance.
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APPENDIX VH-b
ORDINANCE NO. 1317
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, REPEALING ORDINANCE
NO. 1297 IN ITS ENTIRETY, AND ENACTING A NEW ORDINANCE PERTAINING TO
THE REMOVAL OF CERTAIN TREES ON DESIGNATED PARCELS OF REAL PROPERTY
WITHIN THE CITY OF CLEARWATER; SETTING FORTH THE PROPERTIES TO WHICH
THE TERMS AND PROVISIONS OF THIS ORDINANCE SHALL APPLY AND THE RE-
QUIREMENTS AND PROCEDURES FOR OBTAINING A PERMIT FOR REMOVAL OF TREES
ON SAID PROPERTIES; PROVIDING FOR THE RELOCATION OR REPLACEMENT OF
TREES WHERE CONSTRUCTION NECESSITATES THEIR REMOVAL; SETTING FORTH
CERTAIN PRECAUTIONARY PROCEDURES FOR PROTECTING AND PRESERVING TREES
ON PROPERTIES DURING CONSTRUCTION OF IMPROVEMENTS THEREON; SPECIFIC-
ALLY EXEMPTING CERTAIN SPECIES OF TREES FROM THE TERMS AND PROVISIONS
OF THIS ORDINANCE; PROVIDING THAT THE CITY MANAGER MAY WAIVE OR VARY
CERTAIN ESTABLISHED STANDARDS AND PROVISIONS OF THIS ORDINANCE DUE
TO UNREASONABLE HARDSHIPS; PROVIDING FOR THE APPEAL OF THE DECISION
OF THE CITY MANAGER OR THE PARKS DIVISION SUPERINTENDENT TO THE CITY
COMMISSION CONCERNING THE ENFORCEMENT AND INTERPRETATION OF THE TERMS
AND PROVISIONS OF THIS ORDINANCE; PROVIDING A PENALTY FOR FAILURE TO
COMPLY HEREWITH; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORD-
INANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT; PROVID-
ING FOR THE SEPARABILITY OF THE PROVISIONS HEREOF AND PROVIDING FOR
THE EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, trees provide a setting with a variety of color unsurpassed in shade
and hue; and
WHEREAS, trees are an invaluable psychological counterpoint to the man-made
urban setting; and
WHEREAS, trees give shade and cool the land; and
WHEREAS, trees absorb a high percent of carbon dioxide and return oxygen, a
vital ingredient to life; and
WHEREAS, trees are a valuable property asset that can affect an area econo-
mically; and
WHEREAS, removal of trees impairs benefits to existing property owners in
the surrounding area and impairs economic stability and the value of improved and
unimproved real property; and
WHEREAS, removal of trees causes increased surface drainage and soil erosion,
causing increased municipal costs; and
WHEREAS, a shade tree ordinance is hereby promulgated for the purpose of
promoting community welfare through regulating removal and destruction of trees
prior >to, during construction and during occupancy;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE GUY
OF CLEARWATER, FLORIDA:
Section 1. Ordinance No. 1297 passed on December 3, 1970, is hereby repealed
in its entirety.
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Section 2. Definitions. Tree is defined as any self-supporting woody plant
of a species which normally grows to an overall height of a minimum of fifteen feet
(15') in the City of Clearwater area.
Section 3. The terms and provisions of this ordinance shall apply to all
real property presently situated in or subsequently annexed into the corporate limits
of the City of Clearwater.
Section 4. It shall be unlawful for any person, without first obtaining a
permit to do so as herein provided, to remove or effectively remove through damaging
any tree with a trunk diameter of four inches (4") or more, said diameter being
measured three feet (3r) above grade.
Section 5. Any person wishing to obtain a permit to remove such a tree shall
file an appropriate application with the Parks Division of the Parks and Recreation
Department of the City of Clearwater. Said application shall include a topographic
survey of said property if the change in elevation is greater than five feet (51)
or if property is one acre or larger in size, or a site plan which shall include the
following:
(a) Location of proposed driveways and other planned areas
or structures on said site;
(b) All trees four inches (4") or over in trunk diameter measured
three feet (3') above grade and identified as to type and
species;
(c) Designation of all diseased trees and any trees endangering
any roadway and pavement and trees endangering utility ser-
vice lines;
(d) Designation of any trees to be removed and designation of
trees to be retained;
(e) Any proposed grade changes which might adversely affect or
endanger any trees on said site with specifications on how
to maintain the trees.
Section 6. After filing, said application shall be field checked by the Parks
Division of the City of Clearwater. The Parks Division, the City Engineering Depart-
ment and the Building Department of the City shall review said application and shall
consider and determine what effect it will have upon the drainage, topography, and
the natural resources of the area, and shall consider these factors in granting or
denying said application. Based upon a review of the above factors, said permit
shall be either granted or denied by the Parks Division of the Parks and Recreation
Department of the City of Clearwater.
Section 7. Where construction of structures or improvements of any real
property necessitates the removal of such trees, the City Manager and/or the Parks
Superintendent of the City may, as a condition for the approval of the application
for removal, require that the owner either relocate or replace said tree or trees
with comparable substitutes somewhere within the property lines of said property.
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Section. 8. It shall be unlawful for any person in the construction of any
structures or other improvements to place material, machinery or temporary soil
deposits within six feet (61) of any tree having a four inch (4") or greater trunk
diameter measured three feet (31) above grade level and during construction the
builder shall be required to erect suitable protective barriers around all such
trees to be preserved. Also during construction no attachments or wires other than
protective guy wires shall be attached to any of said trees.
Section 9. Specifically exempt from the terms and provisions of this ordi-
nance are the following species of trees:
Melaleuca Leucadendra (Punk)
Casuarinaceae (Australian Pine)
Enterolobiom Cyclocarpum (Ear tree)
Jacaranda Acutifolia (Jacaranda tree)
Melia Azedarach (Chinaberry tree)
Section 10. No trees shall be removed from the public right of way except
in accordance with Section 19-23 et seq. of the Code of the City of Clearwater,
Florida.
Section 11. The City Manager may upon appropriate application vary or waive
the terms and provisions of this ordinance due to unreasonable hardships in specific
cases.
Section 12. Any person adversely affected by a decision of the City Manager
or Parks Division Superintendent in the enforcement or interpretation of any of the
terms or provisions of this ordinance may appeal such decision to the City Commission.
Such appeal shall be taken by filing written notice thereof with the City Manager with
a copy to the City Clerk within ten (10) days after the decision of the City Manager
or the Parks Division Superintendent. Each such appeal shall be accompanied by a
payment is sufficient amount to cover the cost of publishing and mailing notices of
hearing or hearings.
Section 13. Any person, organization, society, association or corporation,
or any agent or representative thereof, who shall violate the provisions of this ord-
inance shall be subject, upon conviction in the Municipal Court, to a fine not ex-
ceeding the sum of Five Hundred Dollars ($500.00), or imprisonment in the City Jail
for not exceeding sixty (60) days, or by both such fine and imprisonment in the dis-
cretion of the Municipal Judge.
Section 14. All ordinances or parts of ordinances in conflict herewith are
to the extent of such conflict hereby repealed, and specifically Ordinance No. 1297,
passed on December 3, 1970.
Section 15. Should any part or provision of this ordinance be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the valid-
ity of the ordinance as a whole, or any part thereof other than the part declared
to be invalid.
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APPENDIX VII-c
ORDINANCE NO. 2143
BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA.
AN ORDINANCE AMENDING DIVISION VIII, NATURAL RESOURCES PROTECTION AND PART ONE, CHAPTER
1 THROUGH 14 AND ADDING CHAPTER 15 WHICH CONSISTS OF SECTIONS 10,000 ET SEQ., OF THE
SAN MATEO COUNTY ORDINANCE CODE DEALING WITH THE REGULATION OF TIMBER HARVESTING IN THE
UNINCORPORATED AREAS OF SAN MATEO COUNTY.
The Board of Supervisors of the County of San Mateo, State of California, DO ORDAIN as
follows:
SECTION I. Division VIII, Part One, Chapters 1 through 14 are amended and Chapter
15 is added which consists of Section 10,000 et seq., are hereby amended and added to
the San Mateo County Ordinance Code, to read as follows:
DIVISION VIII
NATURAL RESOURCES PROTECTION
PART I
REGULATION OF TIMBER HARVESTING
Chapter 1. PURPOSES AND POLICY. Section 10,000.
Chapter 2. DEFINITIONS OF TERMS USED. Section 10,050.
Chapter 3. PERMITS, RENEWAL, DENIAL, ISSUANCE OF A PERMIT, SPECIAL CONDITIONS.
Section 10,200.
Chapter 4. APPLICATION, VARIANCE TO PROVISIONS, ACCEPTANCE OF APPLICATION,
APPLICATION A PART OF PERMIT. Section 10,250.
Chapter 5. FEES, BONDS, SECURITY. Section 10,300.
Chapter 6.' GENERAL TIMBER HARVESTING SPECIFICATIONS. Section 10,350.
Chapter 7. LOG HAULING ON PUBLIC ROADS. Section 10,400.
Chapter 8. CUTTING SPECIFICATIONS, LEAVE TREES, FELLING. Section 10,450.
Chapter 9. GENERAL CONSTRUCTION SPECIFICATIONS. Section 10,500.
Chapter 10. TRUCK ROADS. Section 10,550.
Chapter 11. TRACTOR TRAILS. Section 10,600.
Chapter 12. LANDINGS. Section 10,650.
Chapter 13. EROSION CONTROL. Section 10,700.
Chapter 14. FIRE HAZARD REDUCTION. Section 10,750.
Chapter 15. INSPECTIONS, VIOLATIONS, REVOCATION, APPEAL, SEVERABILITY.
Section 10,800.
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Chapter 1. PURPOSE AND POLICY
Section 10,000. PURPOSE. The provisions of this ordinance are enacted, in
the interest of the welfare of the people of San Mateo County, that the timberlands
of the county shall be protected and the ecological balance of such timberlands be
preserved and that, in view of the proximity of the timberlands to urban centers
of large and expanding population, the unique relationship of the timberlands to
other areas of the county, and the unique nature of the timberlands themselves,
the enactment of this ordinance is necessary in order to protect and preserve such
lands through regulation of forest practices consisting of, but not limited to,
matters relating to the following:
1. Soil erosion control
2. Water quality
3. Watershed control
4. Flood control
5. Sustained yield timber production
6. Stand density control
7. Reforestation methods
8. Mass soil movement
9. Submission of logging plans
10. Location and grade of logging roads and skid trails
11. Excavation and fill requirements
12. Fire prevention and control methods
13. Slash and debris disposal
14. Haul routes and schedules
15. Hours and dates of logging
16. Performance bond.
Section 10,001. POLICY. The Board of Supervisors, as a matter of policy,
intends to continue to allow the harvesting of forest products under high performance
standards from the private timberlands of this county. In adopting this ordinance,
the county intends to establish performance standards which will allow for the con-
tinual production of forest products and encourage the maintenance of the open space
objectives of the county.
Chapter 2. DEFINITIONS OF TERMS USED
Section 10,050. DEFINITIONS. In this ordinance the following definitions
shall apply, unless the context clearly requires otherwise:
Section 10,051. D.B.H. Means the average diameter of a tree, outside the
bark, at a point four and one-half feet above the average ground level.
Section 10,052. FOREST PRODUCT. Means logs, poles, posts, pilings, split
products, fuelwood, chips, pulp, or sawdust.
Section 10,053. HARVEST AREA. Means that area on which timber harvesting is
conducted including that area where soil and/or vegetation has been disturbed or
damaged by the timber harvesting operation, including road firebreak construction.
Section 10,054. HAUL ROUTE. Means any public road within San Mateo County
which is to be used to deliver forest products to a point of utilization or dis-
posal.
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Section 10,055. LANDING. Means that area where forest products are placed on
trucks.
Section 10,056. LOPPING. Means severing, crushing, or spreading all slash,
created by the current operations from felled, broken or pushed-over trees of any
species so that no part of the slash remains more than thirty (30) inches above
the ground.
Section 10,057- MINIMUM STOCKING. Means a well distributed stand of live and
healthy coniferous trees which meets a combined count of six hundred (600) per acre
as follows:
1. Six hundred (600) established coniferous trees per acre at least three (3)
years of age and not more than four (4) inches d.b.h.; each tree to count
as "one" toward meeting stocking requirements.
2. Two hundred (200) coniferous trees per acre over four (4) inches d.b.h. and
not more than twelve (12) inches d.b.h.; each tree to count as "three"
toward meeting stocking requirements.
3. One hundred (100) coniferous trees per acre over twelve (12) inches d.b.h.
free from logging damage caused by the current operation, each tree to
count as "six" toward meeting stocking requirements.
Redwood root crown sprouts over one (1) foot height will be counted, using
the average stump diameter one (1) foot above average ground level of the
original stump from which the redwood root crown sprouts originate, count-
ing one sprout for each foot of stump diameter to a maximum of six (6) per
stump. Any countable redwood root crown sprout over one (1) foot in height
but less than four (4) inches d.b.h. shall be counted as "one" toward meet-
ing stocking requirements.
At least fifty (50) percent of the minimum stocking count per acre (fifty (50)
trees per acre) shall be composed of conifer trees over twelve (12) inches
d.b.h. and maximum distance between conifer trees over twelve (12) inches
d.b.h. shall not exceed fifty (50) feet as measured along the surface of the
ground.
Section 10,058. OLD GROWTH TREE. Means a tree which is over 200 years old.
Section 10,059. OPEN BURNING. Means the burning of waste created by timber
harvesting operations such as slash.
Section 10,060. SCENIC CORRIDOR. Means a band of land on either side of an
officially designated Scenic Highway for which special development regulations have
been established to protect its scenic values.
Section 10,061. SKIDDING. Means the movement of a forest product by physical
means from the point of severing to a landing.
Section 10,062. SLASH. Means split product material, branches, limbs or stems
of any species left in the harvest area as a result of current timber harvesting.
Section 10,063. SNAG. Means a standing dead tree or standing section thereof
regardless of species.
Section 10,064. STANDS:
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1. "Old Growth Stand" means a group of trees not less than ten (10) acres in
size in which prior cutting has not removed more than 20% of the old
growth conifer trees by number.
2. "Prior Cut Stands" means a group of trees which has had prior cutting which
removed over 20% of the old growth conifer trees, or a stand, regardless of
age of conifer trees, less than ten acres in size.
3. "Hardwood Stands" means a group of hardwood trees which are designated for
timber harvest operations.
Section 10,065. STREAM COURSES. The various types of stream courses are
defined as follows:
1. "Natural Water Course" means a trench worn in the earth by running water
after rains as depicted by contour lines on the most recently published
United States Geological Survey 7.5 minute series topographic map, or as
is evident on the ground.
2. "Stream" means a natural watercourse designated by a solid line or dash
and three dot symbol shown in blue on the most recently published United
States Geological Survey 7.5 minute series topographic map or a natural
watercourse that is carrying surface water within the harvest area during
the conduct of timber harvesting.
3. "Intermittent Stream" means a natural watercourse that is not carrying
surface water within the harvest area during the conduct of timber har-
vesting.
4. "Highwater Mark" - The highwater mark shall be considered as the natural
watercourse of any stream.
Section 10,066. STUMP DIAMETER. Means the average top diameter of the stump
of a cut tree outside the bark and shall be interpreted to be one inch greater than
d.b .h.
Section 10,067. THINNING. Means the removal of trees less than 18 inches
d.b.h. where removal will improve the growth of remaining trees or utilize trees
that might otherwise die.
Section 10,068. TIMBER. Means trees of any species which are of sufficient
size and quality to be capable of furnishing raw material used in the manufacture
of forest products.
Section 10,069. TIMBER HARVESTING. Means-the cutting or removal, or both,
of timber or other forest products from timberlands for commercial purposes to-
gether with all the work incidental thereto such as road building, firebreak con-
struction and fire hazard abatements, but excluding preparatory work such as tree
marking and road flagging.
Section 10,070. TIMBER OWNER. Means any individual, copartnership, corpora-
tion or association that owns timber or timber rights on lands of another.
Section 10,071. TIMBERLAND. Means land upon which is growing a crop of trees
of any species which are of sufficient size and quality to be capable of furnishing
raw material used in the manufacture of lumber and other forest products.
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Section 10,072. TIMBER OPERATOR. Means any individual, copartnership, cor-
poration or association that is_engaged in timber harvesting, except a person who
is engaged in timber harvesting as an employee whose sole compensation consists
of wages.
Section 10,073. TIMBERIAND OWNER. Means any person, copartnership, corpora-
tion or association that owns timberland.
Section 10,074. TRACTOR TRAIL. Means constructed trails or established paths
used to deliver forest products from the forest to a landing by physical means.
Section 10,075. TRUCK ROAD. Means roads other than public roads used by
trucks going to and from landings to transport logs and other forest products when
specifically constructed for this purpose.
Section 10,076. WATERBREAK. Means a ditch, dike, or dip or combination
thereof, constructed across tractor roads, skid trails, firebreaks and truck roads
to effectively divert waterflow therefrom and aid in preventing erosion.
Chapter 3. PERMITS, RENEWAL, DENIAL, ISSUANCE OF A PERMIT, SPECIAL CONDITIONS.
Section 10,200. PERMIT. No one shall engage in timber harvesting within the
County of San Mateo without first securing a permit therefor from the San Mateo
County Planning Commission, or Board of Supervisors when an appeal is taken, or
from the County Planning Director.
Permits shall be effective for only that area expected to be harvested during one
permit year. Permits shall be effective for one year from the date of issuance.
However, no permit shall be considered terminated or closed until April 1st of
the year following completion of timber harvesting.
Section 10,201. PERMIT RENEWAL. A permit shall be considered as renewal of
an existing permit when any one of the following circumstances exist and when appli-
cation for a permit renewal is received at least three weeks prior to the expiration
date of the existing, valid permit.
1. The application for renewal is for securing additional time to complete a
timber harvest originally scheduled for completion in one year. The per-
mittee makes no material change in the plans or specifications contained
in the original application.
2. The applicant has submitted with the application for a one-year permit a
management plan for the total ownership which, market conditions permitting,
requires timber harvesting on a portion of the ownership at yearly intervals.
The overall land management plan must have received Planning Commission ap-
proval at a previous meeting for an annual permit to be considered as renewal
permit. Also, no material change in the land management plan is proposed by
the applicant.
Section 10,202. PERMIT DENIAL. The Planning Director, Planning Commission or
Board of Supervisors, may deny a permit or renewal permit for any of the following
reasons:
1. If any applicant, i.e., timberland owner, timber owner or timber operator
is not a real person in interest.
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2. Material misrepresentation, or false statement in the application.
3. If any applicant, i.e., timberland owner, timber owner, or timber operator,
is a permittee to a permit where violations to this ordinance or any variance
granted under this ordinance exist on the date of consideration of a permit
or permit renewal. To be considered a violation to a permit, the permittee
must have been notified of violations and given a reasonable opportunity to
correct such violations.
4. Refusal to allow inspection of the harvest area by authorized personnel.
5. A permit granted by the Planning Director, Planning Commission or Board
of Supervisors, shall be considered immediately denied when any permittee,
i.e., timberland owner, timber owner or timber operator, is changed or added
to a permit after a permit is granted where such new or added permittee
could not have received a permit under this Section.
6. If specifications in the application do not meet the provisions of this
ordinance and the applicants do not apply for a variance to said provi-
sions .
7- If granting the permit is deemed to be contrary to the best interests of the
people of San Mateo County taking into consideration the policies and pur-
poses expressed in this ordinance and the rights of private landowners to
make reasonable use of their property.
Section 10,203. ISSUANCE OF A PERMIT OR A PERMIT RENEWAL BY PLANNING DIRECTOR.
The County Planning Director may issue one-year timber harvesting permits or renew
permits when the following situations exist:
1. no new truck roads are to be constructed;
2. no new tractor trails are to be constructed;
3. the retail value of the forest products after harvesting, skidding and
splitting (if this is required to sell the product) will not exceed
$5000.00 for 12 consecutive months from any one ownership.
Section 10,204. ISSUANCE OF PERMIT BY THE PLANNING COMMISSION. Permits which
cannot be issued by the Planning Director, or are referred to the Planning Commission
by the Planning Director, shall be issued only after a public hearing. Prior notice
of said hearing shall be sent by the Planning Commission to property owners within
2500 feet of the parcel to be harvested, and to domestic water suppliers which water-
shed includes all or part of the parcel to be harvested.
Permits shall be issued upon a finding that the applicants have complied with and
will adhere to the requirements of this ordinance, all special conditions and all
applicable laws, and further, that there be no basis for denial under Section
10,202.
Section 10,205. SPECIAL CONDITIONS. The Planning Commission, or on appeal, the
Board of Supervisors, shall have the authority to provide for any reasonable special
conditions to a permit that it may deem necessary to carry out the purposes of this
ordinance as provided in Section 10,000.
In the case of permits issued by the Planning Director, he shall have the same
authority to set special conditions as does the Planning Commission.
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Section 10,206. PROTECTION OF WATERSHEDS SERVING DOMESTIC WATER SUPPLIERS.
In order to protect the health and welfare of the citizens of San Mateo County,
and recognizing the critical role domestic water suppliers play in the county, the
Planning Commission, or on appeal the Board of Supervisors, shall have the authority
to establish stricter conditions to a permit for timber harvesting operation within
the watershed above the points of diversion for such domestic water suppliers.
Chapter 4. APPLICATION
Section 10,250. APPLICATION - WRITTEN APPLICATION REQUIRED. An application
for a timber harvesting permit shall be filed jointly by the timberland owner,
timber owner and timber operator on a form provided by the Planning Commission.
The information required on"the application shall be limited to that which is
reasonably necessary to evaluate the proposed timber harvesting operation which
enforce the provisions of this ordinance.
All applications shall contain, but not be limited to, the following information:
1. Name, address and telephone number of the timberland owner and timber
owner, and forestry consultant, if any.
2. Name, address and telephone number of the timber operator and on-the-
premises supervisor. If not known at the time of filing, this information
is to be submitted at least one week prior to commencement of timber har-
vesting. Also, the timber operator must sign the application at least one
week prior to commencement of timber harvesting, agreeing to abide by all
the provisions of this ordinance and any variance granted by the Planning
Commission.
3. Signatures of the timberland owner, timber owner, and timber operator,
agreeing to abide by the provisions of this ordinances and any variance
granted thereunder and all applicable laws.
4. The San Mateo County Tax Assessor Parcel Number for the property on which
timber harvesting will take place.
5. The dates within which timber harvesting will take place. If the exact
date of commencement is not known at the time of filing, the Planning Com-
mission shall be notified in writing at least one week prior to commence-
ment of timber harvesting.
6. The approximate acreage of the harvest area, and the approximate acreage
containing over 80% old growth conifer trees.
7. The cutting specification or specifications to be followed.
8. The type of forest product or products to be harvested.
9. The estimated volume to be harvested.
10. The desired haul route, together with points of disposal or utilization of
forest products.
11. A copy of the fire plan required by Section 916.1 of the Forest Practice
Rules for the Redwood Forest District.
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12. Copies of the necessary permits and documents from the State Division of
Forestry, the State Fish and Game Department, and the Bay Area Air Pollu-
tion Control District. If these documents are not available at the time
of filing, they shall be submitted at least one week prior to commencement
of the work authorized by the permit or document.
13. A statement authorizing the Planning Commission and persons authorized
by it and representatives of the State Forester to enter and inspect the
harvest area.
14. A statement as to whether or not tree marking is to take place.
15. If open burning is to take place, give size and location of slash and
debris piles and approximate time necessary to consume a pile once
ignited.
16. A statement explaining how property lines are marked and determined on
the ground where any harvest area, proposed truck road or proposed tractor
trail is to be located within 100 feet of a property line.
17. A statement as to what the timberland owner intends to do with his prop-
erty following timber harvesting.
18. Where it is desired that the timber harvesting permit be issued by the
Planning Director, a sworn statement by the timberland owner, timber
owner, and timber operator is required that
(a) no new truck roads are to be constructed,
(b) no new tractor trails are to be constructed,
(c) the retail value of the forest products after harvesting, skidding
and, if necessary, splitting, will-not exceed $5000.00 for 12 con-
secutive months from any one ownership.
19. A statement as to whether timber harvesting has occurred on any portion
of the proposed harvest area in the ten-year period prior to filing this
application.
Section 10,251. APPLICATION, TOPOGRAPHIC MAP REQUIRED. Together with the
written application, the applicant shall submit an accurate topographic map of a
scale not less than eight inches equals one mile, true scale printed upon the map.
The following information must be presented upon the map:
1. property lines indicating total ownership upon which timber harvesting is
to occur,
2. the harvest area (s) clearly indicating the type of timber stand (s) pro-
posed for timber harvesting,
3. location of existing and proposed truck roads, showing whether designed to
be permanent or temporary.
4. location of constructed tractor trails proposed within 400 feet of a stream.
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5. location of drainage structures required on truck roads and tractor trails.
Attached to the map and a part of the map shall be a specification list for
temporary or permanent drainage structures.
For temporary truck roads or tractor roads:
(a) type of drainage structure;
(b) if structure is to be a culvert, state diameter and length;
(c) a statement as to the adequacy of the structure to carry anticipated
flows.
(NOTE: Temporary structures shall be removed prior to November 15 of
each year and not replaced prior to April 1 of the year following. See
Section 10,501-4.)
For permanent truck roads:
(a) type of drainage structure;
(b) if structure is to be a culvert, state diameter, length and slope at
which structure is to be placed;
(c) contributing drainage area to the structure, in acres;
(d) formula used and calculations made to determine culvert sizes;
(e) schematic plans for structure if other than manufactured culverts;
(f) a statement as to the adequacy of the structure to carry anticipated
peak flows and the information used in arriving at such a statement.
6. location of all buildings in or within 500 feet of a harvest area.
7. location of existing and proposed log landings.
8. location of existing and proposed firebreaks.
9. location of all streams.
10. Location of all points of diversion, pumping or storage facilities for
domestic water suppliers in or within 500 feet of a harvest area as shown
oil a map prepared by the County Health Department on file with the Planning
Commission.
Section 10,252. FIELD WORK REQUIRED. In addition to filing Sections 10,250 and
10,251 above, the truck road, tractor trail and drainage structure locations as shown
and required on the map shall be designated on the ground by flagging or other such
means so that the county representative may examine the area and easily determine
their proposed locations. Property lines shall also be determined on the site where
any truck road, tractor trail or harvest area is proposed within 100 feet of a property
line. Additional field work shall be required as in Sections 10,450-1 (b), 10,450-2
(b), 10,450-3 (b), 10,452 and 10,453.
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The San Mateo County Planning Commission shall immediately forward a copy of the
application for a permit to the Deputy State Forester, Monterey, California. In
addition, a copy of the application for a permit shall be forwarded to the San
Mateo County Parks and Recreation Commission.
Section 10,253. APPLICATION FOR VARIANCE TO PROVISIONS. The Planning Commis-
sion, or Planning Director for those permits to be issued by him, may approve,
conditionally approve, or reject an application for a variance to any provision
of this ordinance as an alternate to any requirement of this ordinance. Variance
requests which are commensurate with the provisions of this ordinance and which
accomplish silvicultural and protectional management of the land in conformance
with the purpose and policy of this ordinance, in the opinion of the Planning
Commission, will be approved.
Applications for variance must be accompanied by a statement of specific Section or
Sections of this ordinance which are to be varied from, as well as where, within the
harvest area, the variance would occur; what the applicant wishes to substitute in
place of the rule or regulation; and what the advantages would be if the variance
were to be granted. If necessary, a map may accompany the application for variance.
Section 10,254. APPLICATION FOR VARIANCE TO PROVISIONS - AFTER PERMIT IS
GRANTED. Permittees may request variances to the provisions of this ordinance and/or
modifications to the application approved by the Planning Commission by filing an
application for variance and paying the filing fee of $50.
Section 10,255. ACCEPTANCE OF APPLICATION. All items, Sections 10,250, 10,251,
10,252 and 10,253, must be submitted or completed in a clear and adequate manner before
an application for a permit will be accepted by the Planning Commission.
If, following office and field examination, the county representative determines that
the information submitted or field work is not acceptable due to inaccuracy or poor
workmanship, then the county representative shall inform the applicant of deficiencies
and advise the Planning Commission at the appropriate public hearing, or the Planning
Director if the permit is to be considered by him, that deficiencies are apparent and
the county representative cannot properly evaluate the proposed timber harvesting op-
eration until such deficiencies are corrected. The Planning Commission, or Planning
Director, may then deny the permit for material misrepresentation in the application
as required in Section 10,202-2 or continue the hearing to allow the applicant suffi-
cient time to correct the deficiencies, and the county representative to make recom-
mendations to the Planning Commission.
Section 10,256. APPLICATION A PART OF THE PERMIT. All the information contained
on the application for a timber harvesting permit which is not in conflict with this
ordinance or any other rules of governmental agencies shall be a part of the permit.
Those items contained on the application which are in conflict with this ordinance
but for which an application for variance has been received and granted shall be a
part of the permit. Information contained on the application which is in conflict
with this ordinance and for which no application for variance has been teceived, or
has been received but not granted, shall not be a part of the permit. Minor adjust-
ments and variations from the application, Sections 10,250, 10,251 and 10,252, such
as small changes in road and landing location, harvest area, cutting boundary, tree
marking, etc., may be approved by the county representative. Substantial or signi-
ficant changes must be brought before the Planning Commission as a request for a
variance as per Section 10,254.
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At the time of issuance, the applicants for a permit shall become jointly and indi-
vidually the permittees and shall be responsible for compliance with this ordinance,
special conditions, and provisions of any variance granted.
Chapter 5. FEES, BONDS SECURITY
Section 10,300. APPLICATION FEES. Applications for permits or permit renewals
which may be issued by the Planning Director:
(1) Permit application shall be accompanied by a non-refundable fee of $25.00.
(2) Renewal permit application shall be accompanied by a non-refundable fee of
$15.00.
Application for permits or permit renewals which must be considered by the
Planning Commission:
(1) Permit application shall be accompanied by a non-refundable fee of $1.00
per acre of harvest area with a minimum charge of $25.00 and a maximum
charge of $100.00.
(2) Renewal permit application shall be accompanied by a non-refundable fee
of 50
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Chapter 6. GENERAL TIMBER HARVESTING SPECIFICATIONS
Section 10,350. APPLICABLE LAWS AND REGULATIONS. All the provisions, except
as specified herein, of the following acts, statutes, ordinances and rules and regu-
lations adopted thereunder are incorporated herein by reference and shall apply to
all timber harvesting operations unless stricter provisions are contained in this
ordinance:
1. State Forest Practice Act
2. State Fish and Game Code
3. State Fire Laws
4. Porter-Cologne Water Quality Control Act
5. Bay Area Air Pollution Control District
6. All other applicable federal, State and local laws and regulations.
Section 10,351. SPECIAL RULES FOR EAST SIDE OF SKYLINE BOULEVARD. The Planning
Commission or, on appeal, the Board of Supervisors, may require the permittee to com-
ply with special conditions over and above those found in this ordinance where any
harvesting area is located on the east or bay side of Skyline Boulevard. The Board
of Supervisors herewith finds that this area is critical to the health, welfare,
environmental, ecological and aesthetic interests of the people of San Mateo County.
Section 10,352. PERMIT DOES NOT COVER SAWMILL ESTABLISHMENT. The issuance of
a timber harvesting permit shall not include the right to establish a sawmill, either
permanent or temporary.
Section 10,353. REGULATION OF NOISE. The Planning Commission or, on appeal,
the Board of Supervisors, may regulate days and hours of timber harvesting when, in
its opinion, such operations will create a serious public nuisance to resident popu-
lation. Regulations will concern themselves with controlling those operations which
create noise pollution.
Chapter 7. LOG HAULING ON PUBLIC ROADS
Section 10,400. LOG HAULING ON PUBLIC ROADS. Log hauling on public roads shall
be in accord with the following rules:
1. Log hauling on public roads is not permitted on Saturdays, Sundays or on
those days which are officially designated as non-working days for the
following holidays: New Years Day, Washington's Birthday, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
2. The Planning Commission or, on appeal, the Board of Supervisors, way res-
trict or not permit log hauling during periods of time when such hauling
will interfere with commute traffic.
3. The Planning Commission or, on appeal, the Board of Supervisors, may condi-
tionally accept or modify the haul route as specified in the management plan.
4. Permittee shall protect county roads from excessive damage and shall repair
any damage beyond normal wear and tear resulting from his timber harvesting
operation.
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5. The Planning Commission or, on appeal, the Board of Supervisors, shall
require the permittee to post special traffic signs and/or flagmen where
determined to be necessary to prevent a serious hazard to traffic. After
permit is granted county representative shall have the authority to regu-
late and/or require traffic signs and/or flagmen.
6. The Planning Commission may make any reasonable restriction on log hauling
routes, times and dates that in its opinion will prevent hazardous condi-
tions from arising during school busing times. The Planning Commission
shall immediately upon the filing of an application for a timber harvesting
permit, communicate in writing with the Superintendent of Schools, of all
School Districts through which a haul route may be granted, requesting that
the Commission be immediately informed in writing of the routes and hours of
school busing and the dates when busing will occur on the haul routes and
of any roadways the Superintendent of Schools considers to be hazardous to
student transportation if log hauling is conducted.
Chapter 8. CUTTING SPECIFICATIONS, LEAVE TREES, FELLING
Section 10,450. LEAVE TREE REQUIREMENTS. Other than in Skyline Scenic Corridor
and roadside areas, timber cutting must be done in accordance with the following spe-
cifications.
1. OLD GROWTH STANDS:
(a) Leave 40% by number of those live coniferous trees 18 inches d.b.h. and
larger, provided that the leave stand contains 25% of the 30 inches to
60 inches d.b.h. coniferous trees present prior to logging and 15% of
those coniferous trees above 60 inches d.b.h. present prior to logging.
No cutting of conifer trees less than 18 inches d.b.h. shall occur. In
addition to meeting the above requirement, each old growth stand must
meet the seed tree requirement as stated in Section 913.1 of the Forest
Practice Rules for the Redwood" Forest District. The timber operator is
encouraged to leave said coniferous trees over 30 inches d.b.h. in such
locations and grouped in such a manner as to minimize the risk of wind-
throw and maximize streamside, scenic and recreational values.
(b) At the option of the applicant, trees desired to be cut shall be marked
and the marking subject to approval by the Planning Commission. Stump
marks shall be provided. Applicant shall advise the county representa-
tive well in advance of the Planning Commission hearing if he determines
to premark.
2. PRIOR CUT STANDS:
(a) Leave 40% by number of those live coniferous trees measuring 18 inches
and larger d.b.h. present prior to timber harvesting. Thinning of
coniferous trees over 12 inches but less than 18 inches d.b.h. is per-
missible from dense thickets as long as leave trees in such thickets
shall number 50% and be the dominant trees with full, well formed crowns
on at least two of the four faces of the crown. No point within the cut
area shall be more than 75 feet from a conifer leave tree over 12 inches
d.b.h. located within the cut area. Further provided, no point within
the cut area shall be more than 40 feet from a conifer or hardwood leave
tree ten inches or more in d.b.h.
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(b) At the option of the applicant, trees desired to be cut shall be marked
and the marking subject to approval by the Planning Commission, or
Planning Director as the case might be. Stump marks shall be provided.
Applicant shall advise the county representative well in advance of the
Planning Commission hearing if he determines to premark.
3. HARDWOOD STANDS:
(a) Leave 40% by number of those live hardwood trees measuring four inchese
and over d.b.h. and 50% by number of those hardwood trees under four
inches d.b.h. present prior to timber harvesting. In addition, all
hardwoods over 36 inches d.b.h. shall be left uncut and undamaged by
the current operation. No point within the cut area shall be more than
75 feet from a hardwood leave tree over four inches d.b.h. located with-
in the cut area.
(b) At the option of the applicant, trees desired to be cut shall be marked
and the marking subject to approval by the Planning Commission or Plan-
ning Director as the case might be. Stump marks shall be provided. Ap-
plicant shall advise the county representative well in advance of the
Planning Commission hearing if he determines to premark.
Section 10,451. SCENIC AND ROADSIDE CORRIDOR SPECIFICATIONS. Timber harvesting
within specified roadside zones shall be conducted in a manner which will reduce the
visual impact of timber harvesting on passing motorists.
Consideration shall be given by the Planning Commission and the Board of Supervisors
to the fact that these areas are already designated as scenic corridors in some cases
and will be in other cases. The proposed or potential future uses will be considered
in making a determination of cutting requirements.
1. SCENIC CORRIDOR SPECIFICATIONS. The permittee may be required to comply
with special conditions attached to his permit covering timber harvesting
operations on any portion of the harvest area which is within the designated
Skyline Scenic Corridor. Within this scenic corridor, additional restrictions
will, if deemed necessary, concern themselves with maintaining the scenic cor-
ridor in an aesthetically acceptable condition. Timber harvesting within the
scenic corridor may be restricted up to the following limits:
(a) The permittee shall be permitted to remove at least 50% of those conifer
trees measuring 32 inches d.b.h. and larger, and at least 50% of those
conifer trees measuring less than 32 inches d.b.h. and more than 18
inches d.b.h. or at least 50% of those hardwood trees measuring 36
inches d.b.h. and less. The Planning Commission shall have the discre-
tion of determining what trees must' remain following timber harvesting.
However,the leave by volume shall not be required to exceed 50% of the
before harvest volume.
(b) The location of truck roads, tractor trails, and/or landings must meet
the approval of the Planning Commission prior to construction.
2. ROADSIDE CORRIDOR SPECIFICATIONS. Timber harvesting within 100 feet, as
measured along the ground surface, from the edge of the road berm along both
sides of all public roads (except Skyline Boulevard) shall be conducted as
set forth below, where necessary to protect aesthetic values.
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(a) The permittee shall be permitted to remove at least 50% of those conifer
trees measuring 32 inches d.b.h. and larger and at least 50% of those
conifer trees measuring less than 32 inches d.b.h. and more than 18
inches d.b.h. or at least 50% of those hardwood trees measuring 36
inches d.b.h. and less. The Planning Commission shall have the discre-
tion of determining what trees must remain following timber harvesting.
However, the percent leave by volume shall not be required to exceed
50% of the before harvest volume.
(b) The location of truck roads, tractor trails, and/or landings must meet
the approval of the Planning Commission prior to construction.
(c) In lieu of the roadside corridor specified in Section 10,451-2, the
county representative may delineate on the ground that area where the
ground surface is readily visible, or will be readily visible follow-
ing timber harvesting, to passing motorists, provided that the area
contained in such visual impact area shall not exceed the acreage con-
tained in a roadside corridor the length of the harvest area road front-
age with a fixed width of 100 feet. Upon establishment of a visul im-
pact area, the requirements of 10,451-2 (a) and (b) shall apply only to
the visual impact area.
3. FIELD WORK REQUIRED. For the county representative to properly advise the
Planning Commission, it is required that the applicant mark trees desired
to be cut, and flag proposed truck roads, tractor trails, and landings.
So as not to unnecessarily delay the consideration of a timber harvesting
permit before the Planning Commission, the applicant is advised to mark
trees and flag roads, trails and landings prior to submission of an appli-
cation for a timber harvesting permit. A county representative will assist
in this work if given sufficient advance notice.
Section 10,452. CUTTING TO MORE THAN ONE CUTTING RULE. If more than one cut-
ting rule shall be used within any individual timber harvesting operation or harvest
area, a line delineating the area to be cut under provisions of each shall be clearly
defined on the ground by paint or other means for the inspection of the county repre-
sentative prior to the Planning Commission hearing for the timber harvesting permit.
Section 10,453. EXCEPTIONS TO CUTTING RULES. The cutting requirements provided
herein shall not prohibit the cutting or removal of trees for the purpose of clearing
rights-of-way, log landings or firebreaks, or the cutting or removal of competing
hardwood trees from a predominant conifer stand for the purpose of promoting the
growth of the conifer trees.
A timber harvesting permit is required for such removal of competing hardwoods when
the hardwood is removed as a forest product.
Section 10,454. LEAVE TREES AND SPACING. For all cutting rules, leave trees
shall be thrifty vigorous trees with well formed full crowns, free from damage caused
by timer harvesting operations. With the exception of old growth conifer leave trees
over 30 inches d.b.h., all leave trees shall be well distributed within the harvest
area. For the purpose of these cutting rules, well distributed shall mean the spacing
of leave trees on any reasonably sized area of less than five acres and shall reflect
the before-harvest distribution of trees, reduced by a factor equal to the permissible
cut.
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Section 10,455. PROTECTING LEAVE TREES. For the purpose of protecting from
damage those leave trees and young growth required to be left standing after timber
harvesting and fire hazard abatement, as required in this ordinance and to maintain
the productivity of the forest lands and soils, every timber operator shall exercise
due diligence in the management and operation of felling, skidding and loading of
timber or any activity connected therewith, to prevent damage to those leave trees
and young growth.
Section 10,456. FELLING: Trees shall be felled to the fullest extent possible
that topography lean of tree, landings, utility lines, local obstructions and safety
factors permit, in line with skidding direction, away from roads, and with minimum
damage to leave trees and reproduction.
Trees shall be felled so that the branches will not enter a stream.
Section 10,457. PREVIOUS CUT STANDS. On timber harvesting operations in which
cutting has occurred within ten years preceding the current operation, stumps which
are the result of cutting trees within the preceding ten years will be counted as
trees cut during the current operation in determining percent of trees cut. This
paragraph shall be null and void ten years after adoption of this ordinance.
Section 10,458. FREQUENCY OF TIMBER HARVEST OPERATIONS. Conifer and hardwood
stand timber harvesting shall be limited to only one operation in any ten-year period
of time, provided that, following the ten-year period, minimum stocking has been
obtained. In the case of hardwood stands, substitute the word "hardwood" where coni-
fer or redwood appears in the definition of minimum stocking. To determine if minimum
stocking has been obtained, the applicant or his representative shall accompany the
county representative on a joint inspection of the proposed harvest areas.
Section 10,459. TANBARK OPERATIONS PROHIBITED. Peeling of tanoak trees for the
production of bark for commercial purposes is prohibited.
Chapter 9. GENERAL CONSTRUCTION SPECIFICATIONS
Section 10,500. LOCATION. The location of truck roads, tractor trails, fire-
breaks and landings shall not:
1. Adversely effect the stability of property owned by others;
2. Cause soil to be deposited on property owned by others;
3. Cause excessive erosion and landsliding;
4. Contribute significantly to the degredation of water quality.
Section 10,501. STREAM CROSSINGS. All truck road and tractor trail crossings
of streams will be provided with temporary or permanent drainage structures which
will adequately carry water under the road or trail without the water being contamin-
ated or polluted with soil or organic material throughout the entire period of timber
harvesting. All stream crossing structures shall be installed concurrently with truck
road and tractor trail construction. All stream crossings shall be subject to appro-
val by the Planning Commission or, on appeal, the Board of Supervisors.
1. Stream crossings which are to be placed in streams which are supporting a
fish population at the location of the crossing shall be installed so as
not to prohibit the passage of fish.
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2. Permanent drainage structures shall be approved only if their installation,
sizing, and location meets with the approval of the Planning Commission.
3. Materials to be used for permanent stream crossings must meet the approval
of the Planning Commission.
4. Temporary drainage structures and associated fill material shall be removed
on or before November 15 of each year and not replaced prior to April 1 of
the following year.
Section 10,502. INTERMITTENT STREAM CROSSING. Unless provided with permanent
drainage structures as provided for in Section 10,501, all fill material deposited
for truck road or tractor trail crossings of intermittent streams shall be removed
prior to November 15 and not replaced prior to April 1 of the following year. In
lieu of removing fill, the county representative may require an alternate method of
providing a near erosionless channel through which water shall be diverted.
Chapter 10. TRUCK ROADS
Section 10,550. LOCATION. All truck road locations shall be subject to the
approval of the Planning Commission. Truck roads which are approved as to location
by the Planning Commission and constructed in accordance with this Chapter shall be
exempt from the San Mateo County On-site Grading Ordinance. Roads which are not to be
or cannot be constructed in accordance with these specifications may require that on-
site grading permits be obtained prior to construction, or be subject to any special
conditions deemed appropriate by the Planning Commission.
Section 10,551. USE OF EXISTING ROADS. Truck roads existing prior to applica-
tion for a timber harvesting permit may be used regardless of location when, in the
opinion of the Planning Commission their use will result in less ground disturbance
and stream contamination than a new road constructed in accordance with this Chapter.
Section 10,552. ROAD CONSTRUCTION ON STEEP SLOPES. Truck roads shall not be
constructed on slopes where the cross-slope exceeds 70% or have road grades that
exceed 20% except that these percentages may be exceeded by a factor of 50% on 100
feet of each 1000 feet of raod construction.
Section 10,553. WIDTH OF ROADS. Truck roads shall be constructed .to singlelane
width (approximately 15 feet) with turnouts at reasonable intervals. Both roads and
turnouts shall be no wider than necessary to permit safe passage of log trucks and
equipment.
Section 10,554. ROAD CUT BANKS. Truck roads shall be constructed with no over-
hanging banks and any trees with more than 25% of the root surface exposed by reason
of road construction shall be felled concurrently with timber harvesting. Where road
cuts exceed 6 feet in vertical height all trees over 6" d.b.h. for a distance of 8
feet as measured along the ground at right angles from the top of cut may be required
to be cut by the county representative.
Section 10,555. SWITCHBACKS. Switchbacks, 180° turns, on truck roads shall be
constructed using a radius which will give an effective 1%:1 slope between the inside
edge of lower roadway to outside edge of upper roadway and not be constructed on
slopes over 40 percent as measured directly between the entrance and exit points of
the proposed switchback.
Section 10,556. FOLLOW CONTOUR OF LAND. Roads are to be laid out and constructed
in such a manner that the general contours of the land are utilized to the fullest ex-
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tent possible to avoid excessive cuts, fills and road grades that will increase erosion.
Chapter 11. TRACTOR TRAILS
Section 10,600. LOCATION. Pursuant to.the provisions of this ordinance, the
location of all tractor trails shall be subject to the approval of the Planning Com-
mission or county representative. Advance flagging and approval of constructed
tractor trails shall be required wherever necessary to ensure that the location
and design meets the provisions of this ordinance.
Section 10,601. LIMITATIONS. Tractor trails shall be limited in number ar.d
width consistant with sound forest management practices.
Section 10,602. SKIDDING. Due diligence shall be exercised in skidding opera-
tions to prevent damage to leave trees reproduction and other soil protective vege-
tation.
Section 10,603. STREAM CROSSINGS. All tractor trail stream crossings shall be
temporary.
Section 10,604. PARALLEL TO SLOPE. To minimize soil excavation, tractor trails
shall be constructed perpendicular to the contour as nearly as practicable.
Section 10,605. PARALLEL TO WATERCOURSES. Tractor trails shall not be constructed
parallel to natural watercourses where such construction will likely cause major soil
movement.
Section 10,606. EXISTING TRACTOR TRAILS. Tractor trails existing prior to appli-
cation for a timber harvesting permit may be used regardless of location when, in the
opinion of the county representative or Planning Commission, their use will result in
less ground disturbance and stream contamination than a new trail constructed in accord-
ance with this Chapter.
Chapter 12. LANDINGS
Section 10,650. LOCATION. Pursuant to the provisions of this ordinance, the lo-
cation of all landings shall be subject to the approval of the Planning Commission or
county representative. Advance flagging and approval of landings shall be required
wherever necessary to ensure that the location and design meet the provisions of this
ordinance.
Section 10,651. LIMITATIONS. Landings shall be kept to the minimum in size and
number consistant with sound forest management practices.
Section 10,652. SLOPE LIMIT. Landings shall not be constructed where the cross-
slope exceeds twenty-five percent.
Section 10,653. OPEN AREA. Whenever practicable, landings shall be constructed
in open areas.
Chapter 13. EROSION CONTROL
Section 10,700. MAINTENANCE OF WATER QUALITY. Not withstanding any provision of
this ordinance, it shall not be construed in any way to condone any activity which
causes significant degradation of water quality.
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Section 10,701. EROSION CONTROL. Tractor trails, landing, truck roads and
firebreaks shall be so located, constructed, used and left after timber harvesting
that water flow therefrom and water flow in natural watercourses shall limit erosion
to a reasonable minimum, and not impair the productivity of the soil or appreciably
diminish the quality of the water.
Section 10,702. STREAMSIDE BUFFER STRIP. Construction of truck roads, tractor
trails and landings shall only be permitted when it is clearly shown that there is a
protective strip between the proposed construction and the stream having sufficient
filter capacity to effectively remove waterborne sediment to prevent any serious risk
that construction and use of said facilities will cause significant degradation of
water quality. Where it is determined that the filter capacity of the protective
strip is insufficient, additional erosion control may include, but is not limited to,
any or all of the following:
1. Increased width of the protective strip;
2. Decreased interval between waterbreaks;
3. Treatment of the travelled surface to protect soil from erosion;
4. Treatment of fill slopes to protect soil from erosion which may include in-
stallation of down drains;
5. Installation of slope obstructions between the toe of the fill and the stream;
6. Seeding or planting of disturbed areas where bare soil is exposed to protect
the soil from erosion.
If, in the opinion of the Planning Commission, an adequate protective strip cannot be
provided then the truck road, tractor trail, and/or landing shall not be approved.
Section 10,703. WATERBREAKS. Waterbreaks shall be constructed in all truck roads,
tractor trails and firebreaks no later than November 15. Waterbreaks shall:
1. Be located in minimal fill areas;
2. Be effective in diverting surface water from the truck road, tractor trail
or firebreak;
3. Provide unrestricted discharge into an area having sufficient filter capacity
to effectively remove waterborne sediment to prevent a serious risk of causing
significant degradation of water quality;
4. Be installed at such intervals as is necessary to reasonably prevent surface
water on or from such truck roads, tractor trails and firebreaks from accu-
mulating in sufficient volume or accelerating to sufficient velocity to cause
excessive erosion.
Section 10,704. WATERBREAK INTERVAL. The following table will aid in determining
waterbreak interval:
1. On grades of 10% or less - at intervals of 100 to 200 feet;
2. On grades of 11-25% - at intervals of 75 to 150 feet;
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3. On grades of 26-49% - at intervals of 50 to 100 feet;
4. On grades of 50% or more - at intervals of 30 to 75 feet.
Advance flagging of waterbreak location shall be required wherever necessary to insure
that the location and spacing of the waterbreaks is adequate to prevent water flow from
creating a serious risk of causing significant degradation of water quality.
Section 10,705. WATERBREAKS ON PERMANENT ROADS. On permanent truck roads, water-
breaks shall be cut a minimum of 12 inches into the firm road surface and shall be con-
structed so that they will not be rendered ineffective by the passage of*motorized
vehicles. Such breaks may be spread over sufficient length of road to permit passage
of vehicles.
Section 10,706. WATERBREAKS ON TEMPORARY TRUCK ROADS, TRACTOR TRAILS AND FIRE-
BREAKS. On temporary truck roads, tractor trails and firebreaks, waterbreaks shall
be cut a minimum of six inches into the firm soil and shall have a continuous firm
embankment of suffient height so as to discourage attempts to pass over or around them
with motorized vehicles.
Section 10,707. OUTSLOPED DRAINAGE. Outsloped drainage structures may be con-
structed in lieu of waterbreaks. Such structures may be outsloped dips or the entire
travelled surface may be outsloped with sections of berm removed at periodic intervals
to permit water to flow from the travelled surface. (Note: Location and spacing of
outflow points is the same as for waterbreaks.)
Section 10,708. EMERGENCY MEASURES. In an emergency, should weather and/or soil
conditions prevent installation of waterbreaks as specified above prior to November 15,
then the drainage of truck roads, tractor trails and/or firebreaks shall be maintained
by hand to prevent excessive erosion until permanent facilities can be installed.
Section 10,709. WHEN WATERBREAKS ARE NOT FEASIBLE. Wherever terrain or any other
factor precludes proper diversion of waterflow from tractor trails as required herein,
slash shall be scattered on said tractor trails in sufficient quantity to retard water-
flow thereon and hold erosion to a minimum.
Section 10,710. BERMS. Roadside berms shall be constructed where necessary to
guide surface waterflow to the point of planned diversion and prevent unneccessary
erosion of fills and side cast material.
Section 10,711. SLOPE STABILIZATION. To provide an effective cover, all side
cast and fill material that exceeds five feet in slope distance at right angles to
the road shall be seeded, planted or treated for prevention or reduction of soil
erosion. Such work shall be completed within 15 days following the first rain in
the fall season, but in no case later than November 15.
Section 10,712. STREAM PROTECTION. Streams shall be kept free of slash.
Section 10,713. REMOVAL OF TEMPORARY STREAM AND INTERMITTENT STREAM CROSSINGS.
All temporary drainage facilities and associated fill material shall be removed from
temporary truck road and tractor trail crossings of streams and intermittent streams
prior to November 15 and not replaced before April 1 of the following year.
Section 10,714. WINTER SHUT-DOWN PERIOD. The operation of heavy equipment such
as trucks and tractors within the harvest area is prohibited between November 15 and
April 1. During this period, when the soil is not so wet that operation of heavy
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equipment may cause excessive damage to the land, the county representative may
authorize the operation of heavy equipment. Such authorization shall be in writing
and shall be based on the individual circumstances of each timber harvesting opera-
tion and may'be revoked by the county representative at any time either by telephone,
in writing or in person. Once revoked, said authorization can be reinstated only in
writing by the county representative.
Section 10,715. SPECIAL RULES FOR WINTER OPERATIONS AUTHORIZED PER SECTION
10,714.
1. Use of temporary truck roads is prohibited
2. The installation of temporary stream crossings is prohibited
3. All skidding operations shall be confined to that area designed to deliver
forest products to one landing. All erosion control structures, bars,
dips, and the like required by this ordinance shall be installed prior
to vacating one landing and moving to another.
4. The permittees shall install all erosion control structures required by
this ordinance concurrently with the timber operations.
Section 10,716. RESPONSIBILITY FOR INSTALLATION AND INITIAL MAINTENANCE OF
EROSION CONTROL FACILITIES. The timber operator is responsible to ensure that all
erosion control facilities are constructed prior to November 15 of the current year
and that said erosion control facilities are maintained in affective condition through
April 1 of the following year. Should the timber operator fail, after being contacted
in writing, to provide the required erosion control measures, the county is authorized
to perform the required work to correct the violation and to assess the timber opera-
tor accordingly, and charge all reasonable costs against the timber operator's secu-
rity deposit.
Section 10,717. RESPONSIBILITY FOR CONTINUED MAINTENANCE OF EROSION CONTROL
FACILITIES. Upon expiration of timber operator's period of responsibility, the
timberland owner is responsible to ensure that erosion is effectively controlled.
Should the timberland owner fail, after being contacted in writing, to effectively
control erosion, the county is authorized to perform the work required by this
ordinance and to assess the timberland owner accordingly, and charge all reasonable
costs against the timberland owner's security deposit. Said security deposit, as
per Section 10,303, shall encompass two years following completion of the timber
operator's term of responsibility.
Section 10,718. CONTINUING RESPONSIBILITY OF TIMBERLAND OWNER. After the
termination of the two-year maintenance period, the landowner shall be responsible
for corrections of any damage to surface waters as the result of the timber har-
vesting operations.
Chapter 14. FIRE HAZARD REDUCTION
Section 10,750. SLASH TREATMENT. -All slash created by current timber harvesting
shall be lopped in no case later than April 1 of the year following the creation of
the slash.
Section 10,751. SLASH TREATMENT ADJACENT TO ROADS AND BUILDINGS. The area within
50 feet, as measured along the ground surface, of dwellings, appurtenant structures and
the edge of travelled surface of public roads shall be kept free of slash.
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Section 10,752. SNAGS. All snags over twenty feet in height and eight inches
d.b.h. within the harvest area shall be felled prior to April 1 of the year following
tiniber harvesting.
Section 10,753. FIREBREAKS. Wherever practicable and useful, considering fac-
tors such as soil erosion, practicality of defending the firebreak in event of fire,
extent of uncontained slash, proximity of more defensible existing barries and other
factors relating to the effectiveness of and need for firebreaks vs. the extent of
damage and disturbance caused by their construction, all areas of slash shall be con-
currently with timber harvesting, broken-up into blocks surrounded by firebreaks of
not less than fifteen feet in width from which all inflammable material has been
cleared. Existing roads, trails, streambeds or other natural fire barriers may be
considered as firebreaks when not less than the minimum width and clear of all in-
flammable material as required herein. Streams may be considered as firebreaks re-
gardless of width.
Section 10,754. FIREBREAKS ON WINTER OPERATIONS. Areas of slash created between
November 15 of one year and April 1 of the following year shall have firebreaks con-
structed concurrently with timber harvesting provided however, that in the event
construction of the required firebreaks concurrently with timber harvesting is rendered
impossible as a result of weather conditions, the required firebreaks shall be con-
structed as soon thereafter as weather conditions will permit, but in no event later
than June 15 of the aforesaid following year to constitute compliance with this rule.
Section 10,755. PROTECTING LEAVE TREES. Slash and debris shall not be bunched
or bulldozed adjacent to leave trees, during and after construction of truck roads,
tractor trails, landings and firebreaks.
Section 10,756. BURNING OF SLASH AND DEBRIS. All open burning shall be done
only with .the approval of the State Forester and the Bay Area Air Pollution Control
District. Open burning will be subject to certain meteorological conditions as speci-
fied by the State Forester and the Air Pollution Control Officer.
Chapter 15. INSPECTIONS, VIOLATIONS, REVOCATION, APPEAL
Section 10,800. PERMISSION TO ENTER HARVEST AREAS. The filling for application
for a timber harvesting permit shall constitute a grant of permission for county per-
sonnel concerned with administering this ordinance to enter the subject harvest area
at their convenience from the date of application to the termination of the waterbreak
maintenance period for the purpose of inspecting said harvest area for compliance with
these rules and applicable law. The county will be supplied with a key or combination
to locks installed on access control devices or shall be permitted to install a county
lock.
Section 10,801. INSPECTIONS. The Planning Commission shall cause sufficient
inspections to be made of the harvest area to assure compliance with' the provisions
of this ordinance and the requirements of applicable law. Upon completion of any
inspection, the permittee shall be given a written notice of any violations observed
at the time of inspection for correction thereof.
Section 10,802. FINAL INSPECTION. Upon notification by the permittee that
operations have been completed upon any harvest area, the Planning Commission shall
cause a final inspection to be made of said area. At the completion of any final
inspection, the Planning Commission shall give notice to the permittee of any vio-
lations for correction thereof.
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Section 10,803. VIOLATIONS. Violations of this ordinance shall be punished
as provided for in Sections 1200-1203 of the San Mateo County Ordinance Code.
Section 10,804. OPERATING WITHOUT PERMIT - MISDEMEANOR. Any timber land owner,
timber owner or timber operator who engages in timber harvesting or conspires with
another to engage in timber harvesting without a valid timber harvesting permit to do
so from the Planning Commission or the Planning Director is guilty of a misdemeanor.
Section 10,805. PERMIT REVOCATION. The Planning Commission may, upon giving
notice to the permittee, revoke any permit, or revoke and reinstate any permit upon
suitable conditions, if the timber operator fails, neglects or refuses to fulfill any
of the requirements of this ordinance or conditions of the permit or violates any
provisions of applicable law. Due to the very nature of timber harvesting, minor
violations or variations to rules and regulations will occur from time to time. In-
frequent, minor violations and variations will be documented by the county represen-
tative and administered at staff level. Should repeated violations, or a major vio-
lation occur, then the county representative shall bring the matter to the Planning
Commission after proper notices have been given. The Planning Director may request
the District Attorney (without approval of the Planning Commission or the Board of
Supervisors) to secure an injunction to stop all timber harvesting should time be of
the essence, the Planning Director shall immediately notify the Planning Commission
and Board of Supervisors in writing of his action.
Section 10,806. APPEAL. The applicant, or any other person who is aggrieved by
the issuance or non-issuance of the permit or any conditions thereof, may appeal.
1. Permits considered by the Planning Director may be appealed to the Planning
Commission by filing a written protest with the Secretary of the Planning
Commission within ten days of the issuance or denial of said permit.
2. Permits considered by the Planning Commission may be appealed to the Board
of Supervisors by filing a written protest with the Secretary of the Planning
Commission within ten days from issuance or denial of said permit. The Board
of Supervisors shall hear such appeal within 30 days, and its decision shall
be final.
Section 10,807. SEVERABILITY. If any section, subsection, paragraph, sentence,
clause or phrase of this ordinance is for any reason held to be invalid or unconsti-
tutional, such validity or constitutionality shall not affect the validity or consti-
tutionality of the remaining portions of this ordinance, it being expressly declared
that this ordinance and each section, subsection, paragraph, sentence, clause aud
phrase thereof would have been adopted, irrespective of the fact that one or more
other section, subsection, paragraph, sentence, clause or phrase be declared invalid
or unconstitutional.
Section 2. EFFECTIVE DATE. This ordinance shall be and is hereby declared to
be in full force and effect as of thirty days from and after the date of its passage
and shall be published once before the expiration of fifteen (15) days after its pas-
sage, with the names of the Supervisors voting for and against the same in a newspaper
of general circulation published in the County of San Mateo.
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APPENDIX VH-d
TOWNSHIP, COUNTY OF OAKLAND, STATE OF MICHIGAN
TOWNSHIP ORDINANCE NO.
FORESTRY AND WOODLANDS PROTECTION ORDINANCE
EFFECTIVE DATE:
An ordinance to protect the trees and related natural resources of
Township, Oakland County, Michigan; to regulate the use of land areas subject to devel-
opment; to protect economic property values, aesthetic and recreational values, and
other natural resource values associated with the growth of trees and other vegetation
in this township; to provide for permits for the use of these resource areas; and to
provide for penalties for the violation of this ordinance adopted to secure the pub-
lic health, safety, and general welfare under the authority of Act 246 of the Public
Acts of 1945, as amended.
The Township Board of the Township of
Oakland, State of Michigan, ORDAINS:
, County of
ARTICLE I - SHORT TITLE
This ordinance shall be known and may be cited as the
Township Forestry and Woodlands Protection Ordinance.
ARTICLE II - PURPOSE
Section 1. Consistent with the letter and spirit of Act 246 of the Public Acts of 1945,
the Township Board of Township finds that rapid growth,
the spread of development, and increasing demands upon natural resources
have had the effect of encroaching upon, despoiling, or eliminating many of
the trees and other forms of vegetation and natural resources and processes
associated therewith which if preserved and maintained in an undisturbed
and natural condition, constitute important physical, aesthetic, recreation
and economic assets to existing and future residents of the Township. Spe-
cifically, the Township finds (i) that woodland growth protects public health
through the absorbtion of air pollutants and contamination, through the re-
duction of excessive noise and mental and physical damage related to noise
pollution, through its cooling effect in the summer months; (ii) that wood-
lands provide for public safety through the prevention of erosion, silta-
tion, and flooding; and (iii) that trees and woodland growth are an essen-
tial component of the general welfare of Township
by maintaining play areas for children and natural beauty, recreation, and
an unreplaceable heritage for existing and future Township residents.
Section 2. Therefore, the purposes of this ordinance are:
(a) To provide for the protection, preservation, proper maintenance and
use of trees and woodlands located in this Township in order to
minimize disturbance to them and to prevent damage from erosion
and siltation, a loss of wildlife and vegetation, and/or from the
destruction of the natural habitat;
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(b) To protect the woodlands (including trees and other forms of vege-
tation) of this Township for their economic support of local pro-
perty values when allowed to remain uncleared and/or unharvested
and for their natural beauty, wilderness character, or geological,
ecological, or historical significance;
(c) To provide for the paramount public concern for these natural re-
sources in the interest of health, safety and general welfare of
the residents of this Township;
ARTICLE III - GENERAL PROVISIONS
Section 1. Lands to Which Ordinance Applies. This ordinance shall apply to all lands
within the jurisdiction of Township upon which any
of the following conditions exist:
(a) All lands of which there are (on the effective date of this ordi-
nance) or in the future there shall be found growing trees, shrubs,
or similar woodly vegetation with a trunk diameter of three (3)
inches or more;
(b) Other lands with smaller forms of woody growth which are subject
to the permit regulations of the Flood Plain and Wetlands Protec-
tion Ordinance of this Township.
Section 2. Construction of Language, Interpretation, and Abrogation.
(a) Rules of Construction. The following rules of construction apply
to the text of this Ordinance.
1. In case of a difference of meaning or implication between
the text of this Ordinance and any caption or illustration,
the text shall control.
2. Particulars provided by way of illustration or enumeration
shall not control general language.
3. Ambiguities, if any, shall be construed liberally in favor
of protecting the resources indicated in Article two (2).
4. Words used in the present tense shall include the future;
and words used in the singular number shall include the
plural and the plural the singular, unless the context
clearly indicates the contrary.
5. Terms not specifically defined in this Ordinance shall have
the meaning customarily assigned to them.
(b) Abrogation and Conflict of Authority. Nothing in this Ordinance
shall be interpreted to conflict with present or future state sta-
tutes in the same subject matter; conflicting provisions of this
Ordinance shall be abrogated to, but only to, the extent of the
conflict. Moreover, the provisions of this Ordinance shall be con-
strued, if possible, to be consistent with and in addition to rele-
vant state regulations and statutes.
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In their interpretation and application, the provisions of this
ordinance shall be held to be minimum requirements and shall be
liberally construed in favor of the governing body and shall not
be deemed a limitation or repeal of any other powers granted by
State statutes.
It is not intended by this ordinance to repeal, abrogate or impair
any existing easements, covenants, or deed restrictions. However,
where this ordinance imposes greater restrictions, the provision
of this ordinance shall prevail. All other ordinances inconsistent
with this ordinance are hereby repealed to the extent of the in-
consistency only.
(c) Validity as Applied. The Township Board declares that this Ordi-
nance is essential to the health, safety, economic and general wel-
fare of the people of Township and is based
upon reasonable standards. However, a person owning lands subject
to the provisions of this Ordinance and contesting restrictions
imposed on said lands under this Ordinance may upon written re-
quest require the Township Board to hold a public hearing on the
matter; this remedy shall be in addition to any other available
remedy under this Ordinance. At such a hearing the person shall
be given a reasonable opportunity to present his case to the Board
and to submit his own technical evidence if he so desires. If such
evidence clearly convincingly demonstrates that strict enforcement
of the restrictions under this ordinance prevent the person from
obtaining a reasonable or fair economic return from his property,
the Board may grant a variance to permits otherwise required under
this ordinance. However, such variances shall be limited by ex-
press written conditions which provide maximum protection for the
natural resource values enumerated in Article two (2); in the ab-
sence of other factors, mere economic hardship which is not unrea-
sonable shall not provide a valid basis for such variances.
Section 3. Severability. If any section, clause, provision or portion of this ordi-
nance is adjudged unconstitutional or invalid by a court of competent juris-
diction, the remainder of this ordinance shall not be affected thereby.
Section 4. Definitions.
The following terms, phrases, words and their derivatives shall have the
meaning given herein, unless the context otherwise requires:
(a) Commission means the Planning Commission of
Township organized under P.A. $o. 168 of the Public Acts of 1959.
(b) Remove and removal shall include the cutting of trees and the in-
jury and/or destruction of any form of vegetation, by, whatever
method., on any lands subject to this Ordinance under section one
(1) of this article.
(c) Person shall include any individual, firm, partnership, association,
corporation, company, organization or legal entity of any kind, in-
cluding governmental agencies conducting operations within the town-
ship.
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(d) Locate shall mean construct, place, insert or excavate.
(e) Owner shall mean any person who has dominion over, control of, or
title to woodlands.
(f) Structure shall mean any assembly of materials above or below the
surface of the land or water, including but not limited to houses,
buildings, bulkheads, piers, docks, landings, dams, waterway ob-
structions, towers, utility transmission devices.
(g) Development shall include any lawful land use authorized under the
zoning ordinance of this Township.
(h) Material shall include soil, sand, gravel, clay, peat, mud, debris
and refuse, or any other material organic or inorganic.
(i) Operations shall include the locating, moving or deposition of any
material, or any construction use or activity, or a combination there-
of which in any way modifies the conditions on lands subject to this
ordinance under section one (1) of this Article as they exist on
the effective date hereof.
(j) Woodlands shall include all lands which are subject to this Ordi-
nance under section one (1) of this Article.
Section 5. Compliance. No land shall hereafter be used and no structure shall be lo-
cated, extended, converted or structurally altered without full compliance
with the terms of this ordinance and other applicable regulations which ap-
ply to uses within the jurisdiction of this ordinance.
Section 6. Other Regulations.
This Ordinance does not,obviate the necessity for the applicant to obtain
the assent or permit required by any other agency before proceeding with
operations under a permit approved under this Ordinance. Obtaining such
other permits as may be required is solely the responsibility of the ap-
plicant until such permits have been issued.
ARTICLE IV - WOODLANDS PROTECTION
Section 1. Prohibited Acts.
Except as hereinafter provided in this article, it shall be unlawful for
any person without obtaining a written permit therefore from the Township
Board to:
(a) Remove or damage (or permit to be removed or damaged) any tree, or
similar woody vegetation with a trunk diameter of three (3) inches
or more.
(b) Remove or permit to be removed any tree, or similar woody vegetation
of a smaller diameter which is growning in this Township on lands
subject to and regulated by the Township
Flood Plain and Wetlands Protections Ordinance.
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Where a final subdivision plat or final site development plan has
been approved by the Township Board, such approval, together with
any additional terms and conditions attached thereto, shall consti-
tute a permit under this Ordinance.
Section 2. Standards.
The Commission shall establish specific standards to guide the development
of woodlands in this Township, including the spacing of trees, the clearing
of shrubs and brush, the density of vegetation growth and preservation per
acre, forestry and tree replacement practices. However, since the environ-
mental values, soil characteristics, tree growth, and related natural re-
source parameters will remain unique for each parcel of land and for each
development application - each permit application shall be reviewed on an
individual basis. Nonetheless, the following criteria must be considered
and balanced with respect to each permit application under this Ordinance:
(1) Residential living units shall blend into the natural setting of
the landscape for the enhancement of sound, orderly economic growth
and development and for the protection of property values in this
Township.
(2) The preservation of woodlands, trees, similar wood vegetation, and
related natural resources and values, as more fully described in
article two (2), shall take priority over all forms of development -
particularly industrial and commercial development - when there are
no location alternatives.
(3) The protection and conservation of irreplaceable natural resources
from pollution, impairment, or destruction shall remain the para-
mount factor.
(4) No application shall be denied solely on the basis that some trees
are growing on the private or public property under consideration.
Other factors which demonstrate a public need for woodland preser-
vation must be stated.
(5) The total acreage of woodlands per capita existing in the Township
shall be considered.
(6) Each application shall be reviewed to measure the likelihood that
some of the parcels of land in question may be required for recrea-
tion and^pr other public acquisition purposes in the near future.
(7) The relationship of streets,' highways and other transportation cor-
ridors to the woodland area shall be considered, along with alter-
natives for new transportation routes and for the location of the
proposed 'development.
(8) All recommendations by the Commission under .this Ordinance shall
be consistent with total, comprehensive community planning for this
Township.
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(9) The burden of demonstrating (i) that there are no feasible and
prudent alternatives to the development proposed in a permit appli-
cation under this ordinance and (ii) that denial of any requested
permit will prevent an owner of property in this Township from
securing a reasonable or fair economic return from his property -
shall be on the applicant.
Section 3. Exception.
No permit shall be required under this Ordinance for the removal or trim-
ming of dead, diseased, and/or damaged trees or other woody vegetation,
provided that the damage resulted from a nonhuman cause and provided fur-
ther that the removal or trimming is accomplished through the use of stan-
dard forestry practices and techniques.
Section 4. Permitted Acts.
The following operations and uses are permitted on lands subject to the pro-
visions of this Ordinance as a matter of right, but remain subject to the
permit provisions of section one (1).
( i)
( ii)
(iii)
( iv)
( v)
Conservation of soil, vegetation, water, fish and wildlife;
Outdoor recreation: including play and sporting areas, field trails
for nature study, hiking and horseback riding, boating trapping,
hunting and fishing where otherwise legally permitted and regulated;
Grazing, farming, gardening and harvesting of crops, and forestry
and nursery practices where otherwise legally permitted and regulated;
Operation and maintenance of existing dams and other water control
devices, if in compliance with state statutes;
Driveways and roads where alternative means of access are proven to
be impractical.
ARTICLE V - PROCEDURE AND APPLICATION DETAILS
Section 1. Form of Application.
(a) All applicants for a permit to do any of the acts permitted by this
Ordinance shall present six copies of the permit application to-
gether with other required information and materials to the Commis-
sion. Thereafter, procedural matters shall be controlled by section
two (2) of this article.
(b) All applications and copies thereof must be accompanied by or in-
clude the following information:
( i) Name and address of applicant and of applicant's agent, if
any, and whether applicant is owner, lesee, licensee, etc.,
if applicant is not owner, the written consent of the owner,
duly acknowledged, must be attached.
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( ii) Amount and type of material proposed to be removed and the
proposed type of use or operation.
(iii) Purpose of proposed removal or operation.
( iv) Survey and topographical map of the property upon which
such removal, operation or use is proposed, prepared in
the manner prescribed in subsection (c) below.
( v) Description of the proposed manner in which material will
be removed or deposited, structure installed or use carried
out.
(c) The permit application shall~be accompanied by a survey and topo-
graphical map drawn to a scale of no smaller than one inch equals
30 feet, prepared and certified substantially correct by a register-
ed land surveyor or engineer, and including the information listed
below. Whenever the cost of the proposed operation does not exceed
($100.00), the plans and specifications need not be prepared by a
licensed practitioner:
( i) Name and address of owner of record of the affected property,
and of applicant if other than owner, location and dimensions
of all boundary lines, names of owners of record of adjoining
properties and of properties directly across any road, graphic
scale, north arrow and date.
( ii) Existing contour data for the entire property with a verti-
cal interval of no more than 10 feet, and contour data at
an interval of no more than one foot for all areas to be
disturbed by the proposed operation, and extending for a
distance of at least 50 feet beyond the limits of such areas.
Indicated elevations shall be based on an established datum
which specify the relationship to sea level.
(iii) Specification of the extent of all areas to be disturbed,
the extent to which removal or other operations are propos-
ed, the depth of any excavation or fill, and the angle of
.response of all slopes of deposited materials and/or sides
of channels or excavations resulting from removal operations.
( iv) An area map at a scale of one inch equals 200 feet showing
property lines and proposed changes in the location and ex-
tent of existing watercourses and wetland areas.
( v) If not otherwise included in subparagraph iii above, the spe-
cific number of trees to be cut which have a measured trunk
diameter of three (3) inches or more, plus a plan and cost
estimate for their replacement.
Section 2. Basic Procedure.
All applications for permits under this Ordinance shall be made to the Com-
mission. After appropriate deliberations, and a public hearing if one is
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requested in writing by the applicant, the Commission shall make a recom-
mendation to the Township Board to approve, deny, or approve with condi-
tions, the requested permit. Within a reasonable time thereafter, at a
regular business meeting, the Township Board shall grant or deny the per-
mit or shall grant the permit subject to specific written conditions. Spe-
cific written reasons for a denial shall be provided to the applicant. All
decisions of the Board may be reviewed by an appropriate circuit court.
Section 3. Permit Conditions and Fee.
(a) The commission may make a part of such permit any conditions it may
deem advisable to implement the purposes of this Ordinance. For
the permit to remain in force, any removal or operation must be
maintained (and all work must be done) so as to comply with the
conditions and specifications of the permit.
(b) Every application for a permit shall be accompanied by a non-refund-
able application fee of fifty dollars ($50.00).
Section 4. Scope of Permits.
All removals, uses and operations permitted or approved by such permits
shall be conducted in such a manner as will cause the least possible dam-
age and encroachment or interference with natural resources and natural
values and processes described in article two (2).
The Township Board shall upon the adoption of a resolution directing the
issuance of a permit:
(a) Impose such conditions on the manner and extent of the proposed re-
moval, operation, use or activity as are necessary to-ensure that
the intent of this Ordinance is carried out;
(b) Fix a reasonable time within which any removal or operation must
be completed:
(c) Require the filling with the Township of a cash or surety perfor-
mance bond, in such form and amount as determined necessary by the
Commission to ensure compliance with the approved permit.
Section 5. Property Inspection.
(a) All removal and other operations conducted under permits granted
under this Ordinance shall be open to inspection at any time by any
agency or agent of the Township or State.
(b) The Commission, its agents, surveyors, or other employees may make
reasonable entry upon any lands within the Township for the purpose
of making any investigation, survey, or study contemplated by this
Ordinance. An investigation of woodland areas may be made by the
Commission on its own initiative and shall be made upon written
request of any three titleholders of land abutting lands covered by
section one (1) of article three (3).
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(c) The permit applicant or his agent proceeding with approved re-
movals or operations shall'carry on his person or have readily
available the approved permit and show same to any agency or agent
of the Township or state whenever requested.
ARTICLE VI - PENALTIES AND ENFORCEMENT
(a) Any person found guilty of violating any of the provisions of this
ordinance shall be punished by a fine not to exceed $100.00 or im-
prisonment not to exceed 90 days, or by both such fine and imprison-
ment in the discretion of the court. The Commission, in addition
to other remedies, may institute any appropriate action or proceed-
ing to prevent, abate or restrain the violation. Each day's con-
tinuance of a violation shall be deemed a separate and distinct of-
fense.
(b) The grant or denial of a permit shall not have any effect on any
remedy of any person at law or in equity; Provided, that where it
is shown that there is a wrongful failure to comply with this ord-
inance, there shall be a rebuttal presumption that the violation
was the proximate cause of the injury to the land of any person
bringing suit.
(c) Any person violating the provisions of this Ordinance shall become
liable to the Township for any expense or loss or damage occasioned
by the Township by reason of such violation. This shall include
without limitation by reason of enumeration attorney fees and the
cost of replacement of removed trees and other woody vegetation.
ARTICLE VII - JUDICALLY INVALIDATED PERMITS
Any decision regarding a permit application under this Ordinance shall be
judically reviewable. In the event that, based upon the proceedings and
decision of an appropriate court of the State, a taking is declared, the
Township may within the time specified by such court, elect to:
(a) Institute condemnation proceedings to acquire the applicant's land
in fee by purchase at fair market value; or
(b) Approve a permit application with lesser restrictions or conditions.
ARTICLE VIII - EFFECTIVE DATE
This Ordinance shall take effective immediately.
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SECTION VIII
HILLSIDES
A. Introduction
In comparison to the regulation of other sensitive areas, the his-
tory of hillside development regulation is quite extensive. Consequently,
hillside regulations are quite sophisticated in their ability to match
the resource capabilities of hillsides with the requirements of develop-
ment. A major reason for this high level of regulatory sophistication is
the series of disasters resulting from poorly designed hillside develop-
ment. As with floodplain regulations, the willingness to develop land-use
regulations for sensitive areas seems tied to the frequency or magnitude of
"natural" disasters. However, there is nothing "natural" about hillside
.disasters which damage homes, degrade water supplies, or increase flood
hazards. In almost every case such disasters are the result of insufficient
predevelopment investigation, poordevelopment design, or inappropriate
construction practices.
The experience of the Los Angeles area is a case in point of the
relationship between hazard conditions and preventative regulation of hill-
sides development. In the early 1950s, as a result of the decreasing
availability of flat land open to development within the metropolitan area,
development pressures on the hillsides of the city and county increased.
In these early years, hillside development generally followed standard
flat-land practices. Instead of developing the hillsides in a manner com-
patible with hillside geology, the hillsides were simply flattened by cut-
and-fill construction. As millions and millions of cubic yards of earth
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were moved from one place to another, little notice was given to under-
lying geology, drainage patterns, or soil conditions. And the hillsides
that were left were developed as if they were flat rather than sloping
land.
With the advent of each wet season, it became apparent that there
was something seriously wrong with these developmental and regulatory
practices. Various parts of the city and county experienced severe prob-
lems with erosion, land subsidence and settlement, and landslides. In
the 50s1 the resulting damages totaled several millions of dollars.
By 1953 both the city and county of Los Angeles recognized that
something was wrong and began experimenting with various regulations designed
to improve previous developmental practices. By 1963 a series of regulations
had been developed and were being applied on a broad and relatively consis-
tent scale. They included grading regulations, density restrictions, and a
newly defined role for engineering-geologists in the regulatory process.
By the end of 1963, the city and county had developed a set of regulations
which would minimize future damage in hillside areas.
These regulations were put to the test in early 1969. The months of
January-February 1969 marked the heaviest rainfall in Los Angeles County in
over 85 years. Of the 11,000 hillside sites developed since the new regu-
lations went into effect in 1963, damage was limited to a total of $182,000.
In the same storm, damage to sites developed previous to 1963 amounted to
more than 6.3 million dollars. On a per-unit basis, sites developed under
the post-1963 regulations experienced an average damage of $16, or 1/10 of
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the average $160 damage for each site developed previous to 1963. Clearly,
the regulatory process was effective.
The success of the new regulations in Los Angeles is appropriately
measured in dollars. Poorly designed and constructed hillside developments
frequently result in substantial costs to the public, either for repairs
or for protective measures to prevent further damage. Increased runoff
and sedimentation from denuded hillsides requires increased public expendi-
tures for flood control and storm water management. If these costs were
absorbed in specialized onsite design regulations, then the general public
would be spared the additional expense. However, once the basic develop-
ment pattern for an area is established, the public must either provide
protection or live with the threat of disaster. In either case it is an
expensive undertaking as was recently discovered by the citizens of Orange
County. California, where poorly regulated hillside development was par-
tially responsible for a 500 million dollar remedial flood-protection pro-
gram. And in Seattle a Ipcal agency recently spent several millions to
shore up hillsides which threatened both the lowlands and development on
the slope itself.
Not only does poorly regulated hillside development result in increased
public expenditures for remedial protection from disaster, additional dollars
must be spent for various public utilities and public services in such areas.
Development in hillsides is more expensive than development in flatter ter-
rain. Sewer lines and water lines in hilly areas require special engineer-
ing and sometimes specialized equipment. Roads need the same specialized
engineering and construction practices. Similar specialized attention must
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be given to public structures, such as schools, fire stations, and police
stations. These expenditures amount to public subsidies for the benefit
of hillside residents at the expense of citizens living in more accessible
terrain.
Since the stability of each hillside depends upon the unique combina-
tion of vegetation, climate, soil, and underlying geology, which varies
from region to region, problems of hillside development also vary. In the
Southwest, erosion of hillsides is a severe problem, especially in Arizona
where sparsely vegetated hillsides raise concern for the scarring of steeply
sloping areas. Erosion of New Jersey, Maryland, and Virginia hillsites
creates special problems forsiltation in downstream areas. Landslides are
a major problem along the Pacific Coast, particularly around San Francisco and
Los Angeles, and in the Pacific Northwest. Pennsylvania and West Virginia's
local concern focuses on the occurrence of abandoned mine shafts which under-
lie some hillsides.
Because of the variety erf local concern and approaches to hillside
development, regulations must be tailored to each specific case, thus requir-
ing the collection of data and the implementation of various techniques in
each area. Consequently, it is impossible to specify the "best" approach
to hillside regulation since local circumstances vary so widely. In the
following material we identify those environmental factors which resulted in
the varied regulatory approaches and discuss the necessary information or
expertise required to implement any single approach.
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B. Hillsides and the Public Response
Hillsides are a different kind of critical area. Unlike ground-
water, they are not a renewable resource, nor do they, like woodlands or
wetlands, have clearly defined benefits for the public good. Hillsides
are geological features on the landscape whose slope and soils are in a
balance with vegetation, underlying geology and the amount of precipitation.
Our major interest in hillsides is to maintain this equilibrium. Since we
are more interested in the potential damage from hillsides to public health
and safety than in their positive contributions, the major way hillsides
serve the public interest is by staying where they are.
Development of hillsides affects the equilibrium of vegetation,
geology, slope, soil, and precipitation to one degree or another, and the
public objectives can be defined in terms of that disturbance:
1. Disturbance of hillsides can result in the loss of slope and
soil stability as well as increased erosion. The removal of vegetation
from hillsides deprives the soil of the stabilizing function of roots, as
well as the moderating effects on wind and water erosion of leaves and
branches. Loss of soil stability increases erosion and thus decreases
downstream water quality as a result of siltation. Downstream wetlands
can be injured in this way. Spring thaws or strong rains on unstable slopes
can produce mass movements, such as landslides, slumps, and flaws, particu-
larly in steeply sloping areas.
2. Disturbance of hillsides can increase runoff. Development may
alter the natural drainage pattern of a hillside, producing increased runoff
and erosion. Removal of vegetative cover decreases percolation of precipi-
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tation into the soil,thereby reducing the amount of groundwater recharge
and adding water to runoff that would ordinarily be transpired by trees
and shrubs. Construction of impervious surfaces,such as roads and build-
ings, decreases the amount of groundwater percolation and ^hus increases
the amount of runoff. Increased runoff, in addition to producing intensified
erosion, also creates downstream flood hazards.
3. Disturbance of hillsides can destroy a community's aesthetic
resources. A range of hills frequently marks a community's boundaries in
sloping areas, as well as provides an attractive setting for homes and
buildings. Degradation of hillsides as result of erosion, mass movement,
loss of vegetation, and damage to downstream areas deprives a community of
its attractive and distinctive setting and decreases real estate values.
In these three areas, hillside development can have .a far-reaching
impact upon a community's land, water, economic, and aesthetic resources.
Yet hillsides can be developed in a manner compatible with hillside ecology.
What are the natural constraints we must consider in regulating hillside
development?
1. Mass Movement and Erosion
Though the slope and soil of a hillside are generally balanced with
the amount of precipitation, vegetative cover, and the underlying geology,
hillsides are constantly in motion. Most typically this perpetual downward
movement of hills is the result of the almost imperceptible and gradual
effects of weathering and erosion. Alternate freezing and thawing of rocks
and the chemical action of water gradually disintegrates them into soil parti-
cles. The downward pull of gravity, aided by the force of running water or
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frozen water, moves these materials down the slopes. These types of hill-
side movement are part of the hydro-geologic cycle which creates new soil
by weathering and, through the transporting power of streams, carries it
into valleys and plains. (See Figure VIII-1.)
We are only concerned with hillside movement when rocks and soils
are transported at a rapid rate or in large quantities as a result of land-
slides, slumps, mudflows, and other forms of mass movement or as a result
of rapid erosion. Rock formations and soils are held in place by friction.
Thus, any increase in the load can cause a landslide. Since water between
Figure VIII-1
Erosion and weathering
Weathering of
exposed rock
produces soil
Topsoil, subsoil and
bedrock removed by
erosion and deposited
in valleys, streams
or at base of hillside
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the rocks and particles acts as a lubricant, rocks and soils heavily satu-
rated by spring thaws or periods of intense precipitation can overcome this
friction and cause a slide. Moreover, since saturated materials are heavier
than drier ones, heavy rains or melting water can overload a slope's retain-
ing capacity. Earthquakes may also disturb the friction between rock and
soil particles and cause a slide. In addition to the retaining power of
friction, many slopes are held in place by accumulated debris or other forma-
tions at the bottom or foot of the hill. Loss of this support through ero-
sion or development can also cause a landslide. (See Figure VIII-2.)
Figure VIII-23
Landslide
Rock, soil or
mixture
Slope failure
due to heavy rains
and loss of vegetative
cover
Retaining toe removed
\ by development
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Slumps and mudflows, though less dramatic than landslides, are
other forms of mass movement. Both of them result when the soil is over-
saturated, thereby decreasing the friction between the particles. Slumps
occur in homogeneous materials, such as clay soils, and are frequently seen
along highway grades where the collapsed materials bulge at the base of the
slump. (See Figure VIII-3.) Mudflows occur in saturated heterogeneous
materials, such as gravels and silt, and are common in arid regions during
heavy rains.
Figure VIII-34
Cross section of a slope undergoing slump
Earthflow
Disturbance of hillsides susceptible to the mass movement of materials
in landslides, slumps, and mudflows usually occurs in two ways: decreasing
stability and increasing ground water load.
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Vegetation not only aids slope stability with roots, but also con-
sumes a great deal of water; thus removal of grasses, shrubs, and trees
can increase soil saturation by the release of more water for absorption
by the soil. Even in those circumstances when it is possible to replace
natural vegetation with artificial landscaping, there can be severe con-
sequences. It is estimated that one of the chief causes of slope failures
in the Los Angeles area was the replacement of natural vegetation with
lawns and various exotic shrubbery. In contrast to the natural vegetation,
the suburban landscape required extensive quantities of water to support
its growth. Increases in the amount of water found their way to subsurface
geology and reduced the friction between a layer of clay and bedrock. With
reduced friction, the slope failed.
Even in vegetated areas the degree of moisture in the soil, particu-
larly during seasonal rainfall or melt, may be too much to allow for any
development, which would increase the water content and create slide, slump,
or flaw hazards. A good index for such areas is the average height of the
water table. If it is near the surface, development should be prohibited,
not only because of potential mass movement, but also because of the likeli-
hood of polluting groundwater resources.
The mechanical alteration of the arrangement of rocks, soils, and
the particles making up the slope also increases the possibility of mass
movement. Though grading and road construction on the slope or the dis-
turbance of the retaining formation at the base of a hill may not cause
mass movement, these activities can make the slope more susceptible to
slides, slumps, and flows. Particular care should be taken in the West and
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Southwest and other areas of frequent seismic activity, of periodically
heavy rains, or rapid melting of accumulated heavy snowfall.
These dramatic mass movements of slopes in slides, slumps, and
flows are less frequent agents of hillside movement than the slower, less
catastrophic action of erosion. Erosion is a function of the degree of
slope, soil type and condition, and vegetative cover. The greater the
degree of slope, the more susceptible the hillside to erosion. To a lesser
extent, the erosion rate is also dependent upon the length of slope.
Steeply sloping areas are particularly vulnerable to erosion, and
certain soils are more susceptible to erosion than others. In general, the
less permeable or capable of absorbing and retaining water a soil
is, the more liable it is to erosion from running water. Thus clays and
other soils which do not absorb water are more easily eroded than sands or
gravels, which absorb precipitation.
Vegetative cover plays an important role in moderating erosion.
Leaves and organic litter cushion the impact of precipitation as well as
increase the permeability of a soil. Hillside development can deprive a
slope of its protective cover of grasses, shrubs, and trees, and while
dried hay may be scattered over a disturbed slope or vegetation may be
replaced, some soils will support only specialized vegetation. In arid
areas and in regions where the soil mantle is very thin, even a short
period of no cover, especially during periods of heavy precipitation or
melting, can erode enough of the soil to make replacing lost vegetation
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difficult, if not impossible. In the red clay hills of northern Mississippi
and Georgia loss of vegetative cover results in rapid erosion of scant top-
soil, leaving its highly unpermeable clay subject to extensive erosion.
Replanting these hillsides has taken decades of experimentation and work.
Rapid erosion of hillsides causes many more problems than the loss of
hillside soil. Since the effects of hillside erosion as a result of disturb-
ance are felt throughout the entire drainage basin, what happens on the hill-
side will eventually be reflected in the larger watershed. The impact of
increased runoff may thus be far greater in downstream areas than on the hill-
side itself. The increased sediment load can choke streams, fill up wetlands,
and increase turbidity—the amount of suspended particles in the water of
lakes and streams—thereby making these water systems unsuitable for drinking
water and for supporting many species of plants and animals.
The mechanical alteration of slopes by grading or levelling not only
destroys the vegetative cover, it also alters the character of a slope.
The degree of slope may be increased, thereby increasing erosion, and more
easily eroded soils or rocks may be uncovered. The most extreme alteration
of a. hillside is to level it. This and similar radical changes of hillsides
can have far-reaching consequences ranging from rapid erosion, disturbance
of groundwater hydrology, to alteration in stream flow and drainage patterns.
In altering the slope or foot of a hill or removing vegetation, care
must be exercised that as little disturbance as possible is made to the
equilibrium of the slope. Areas of periodically heavy rains or melting, with
scant soil cover, or frequent seismic activity, or with very steep slopes
are particularly vulnerable to disturbance. In these and all other hilly
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areas as well, particular care must be taken in understanding the hill-
side geology so that retaining formations are not disturbed or the arrange-
ment of soil and rock is not altered to the point of producing slides,
slumps, and flows. Vegetative cover must also be maintained in order to
prevent rapid erosion, loss of hillside soils, and damaging siltation of
downstream areas.6
2. Runoff and Drainage Patterns of Hillsides
A crucial factor in the stabilization of hillsides is the develop-
ment of a stable drainage system. The combination of degree of slope, soil
type, vegetative cover, underlying geology, and precipitation pattern
determines the particular form of streams and tributary watercourses, which
carry the 35-40 per cent of precipitation that is not retained by the soil
or used by plants. On a vegetated, mature hillside the drainage pattern is
relatively stable, changing only slowly as gradual erosion alters the slope.
Generally, a stable system is rather complex, consisting of many connected
watercourses which feed one stream or a few major ones. On slopes with no
vegetation and exposed soils, either as the result of fires, massive move-
ment, or human disturbance, the drainage pattern is rather simple, becoming
more complex as watercourses erode the divides between them and develop
into a few major streams with tributary creeks and rills.
A gullied slope is a familiar and unattractive result of disturbance
of a hillside's drainage pattern. Roads and other constructions cutting
across streams or the grading and levelling of slopes make runoff water
seek new channels. The development of new watercourses and drainage systems
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increases erosion and the rate of runoff flow, resulting in downstream
damage from siltation and flooding.
Usually vegetation is also disturbed by. hillside development,
causing additional problems from increased runoff. Vegetation moderates
runoff in three ways. Grass, shrubs, and trees not only stabilize soils
and moderate erosion, they also absorb large quantities of precipitation
which is transpired by their leaves into the atmosphere. In cold areas,
trees—especially evergreens—shade accumulated snowfall, allowing it to
melt gradually. Vegetative litter and roots retain and slow the flow of
runoff, as well as aid in the percolation of precipitation into ground-
water reserves. Thus loss,of vegetation increases runoff by releasing
precipitation that would either be used by plants or absorbed and retained
by their roots and litter.
Increasing impervious surfaces on hillsides is one of the more fre-
quent ways in which hillside drainage are altered by development. Roads
may cut across stream channels, disturbing the drainage pattern, and they,
along with buildings and parking lots, decrease the amount of water retained
by the soil, thereby increasing runoff. Not only is runoff and its associa-
ted problem of downstream siltation and flooding increased, but less preci-
pitation is able to enter groundwater reserves.
Hillside development must proceed with firm understanding of drainage
systems. Not only must a stable drainage pattern be maintained, but vegeta-
tive cover must be preserved in order to prevent! rapid runoff and erosion,
downstream siltation and flooding and loss of groundwater recharge.
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3. Hillsides are Aesthetic Resources
Hillsides are distinctive features of a local landscape, providing
a community with an attractive setting. Often they are natural boundaries
which establish the political identity of the local unit of government.
For instance, communities such as Berkeley, Walnut Creek, and Richmond
are sprinkled in the valleys among the many hills in the San Francisco Bay
area. Hillsides also provide attractive vistas of a region, as well as
opportunity for recreational activities in the woods on their slopes. One
index of the aesthetic value of hillsides is the premium of real estate
sites with "a. view." But it is relatively difficult to quantify the aes-
thetic resources of a hillside in providing a varied landscape and commun-
ity identity.
A comparison of the illustrations in figure 4 suggests the ways in
which, on the one hand, the aesthetic resources of hillsides may be de-
stroyed by some forms of land use and, on the other, they may be preserved.
Long lines of nearly identical housing units ring the hills of Daly City,
California, and large segments of hills have been removed in Tucson, Ari-
zona, leaving flat-topped hills and filled-in lowlands. Other communities
where erosion of the scant soil cover is rapid, such as Phoenix, Arizona,
have permanently scarred their hillsides. Of course these and other
developments of hillsides are not only unattractive but also destructive
to the stability of hillside geology and drainage. Scattered projects
which retain most of the vegetation and distinctive features, such as hill-
tops and outcroppings, and follow the natural terrain are not only attracr
tive, but also safe and ecologically sound ways of developing hillsides.
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Figure VIII-4
Destructive and compatible hillside development
Destructive
development
Compatible
development
Grading hilltops
Gully
scarring
ulltop retained
Utilities
above ground
Housing too dense
Housing not
following terrain
Vegetation
retained
Utilities
buried
Scattered housing
following terrain
C. Current Practice in Hillside Regulation
1. The Intent of Regulation
Most land-use regulations begin with a statement of purpose or
intent. The function of this statement is simply to identify the public
purpose served by the regulation. In the previous section, several im-
portant public values in hillside regulation were identified, including
protection from mass movement and erosion, excess runoff and siltation,
and preservation of aesthetic resources. in developing local regulations
it is desirable to spell these values out rather than relying upon vague
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generalizations such as "preserving our hillsides" or "maintaining our
unique local environment." The closer local regulations are tied to speci-
fic health, safety, and welfare concerns, the more solid the legal defense
of the regulation will be.
The following statements of purpose are taken from two local ordi-
nances which establish and regulate the development of special hillside
districts. These statements specify the community's particular social,
economic, environmental, or aesthetic objectives in creating such regula-
tions. Each of these objectives is then reflected in the actual standards
and regulatory processes defined in the remainder of the ordinance or act.
Pacifica, California It shall be the purpose of the Hillside
Preservation District to promote the follow-
ing City objectives which shall be considered
as guidelines:
(a) To maximize choice in types of en-
vironment available in the City and particularly
to encourage variety in the development pattern
of the hillsides;
(b) The concentration of dwellings and
other structures by clustering and/or high-rise
should be encouraged to help save larger areas
of open space and preserve the natural terrain;
(c) To use to the fullest current under-
standing of good civic design, landscape archi-
tecture, architecture, and civil engineering to
preserve, enhance, and promote the existing and
future appearance and resources of hillside
areas;
(d) To provide density and land-use incen-
tives to aid in ensuring the best possible de-
velopment of the City's natural features, open
space, and other landmarks;
(e) To encourage the planning,design, and
development of building sites in such a fashion
as to provide the maximum in safety and human
enjoyment while adapting development to, and
taking advantage of, the best use of the natural
terrain;
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(f) To preserve and enhance the beauty
of the landscape by encouraging the maximum
retention of natural topographic features,
such as drainage swales, streams, slopes,
ridge lines, rock outcroppings, vistas,
natural plant formations, and trees;
(g) To prohibit, insofar as is feasible
and reasonable, padding or terracing of build-
ing sites in the hillside areas;
(h) To provide a safe means of ingress
and egress for vehicular and pedestrian traffic
to and within hillside areas, while at the same
time minimizing the scarring effects of hill-
side street construction;
(i) Utility wires and television lines
shall be installed underground;
(j) Outstanding natural physical features,
such as the highest crest of a hill, natural
rock-out-croppings, major tree belts, etc.,
should be preserved;
(k) Roads should follow natural topography
wherever possible, to minimize cutting and grad-
ing;
(1) Imaginative and innovative building
techniques should be encouraged to create build-
ings suited to natural hillside surroundings;
and;
(m) Detailed and effective arrangements
shall be formulated for the preservation, main-
tenance, and control of open space and recrea-
tional lands resulting from planned unit develop-
ment.
Obviously, Pacifica's statement of purpose is quite inclusive. Since the
objectives covers a whole range of local concerns, this statement is a
solid introduction to the regulation.
Walnut Creek, California It is therefore the intent of the City that
undeveloped land in hillside areas be placed
in a Hillside Planned Development District,
to be identified by the initials H-P-D, in
order to accomplish the following:
(a) To preserve significant features of
a hill area in essentially their natural state
as part of a comprehensive open space system;
(b) To encourage in hill areas as an
alternative approach to conventional flatland
practices of development;
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(c) To minimize grading and cut-and-fill
operations consistent with the retention of
the natural character of hill areas;
(d) To minimize the water-runoff and soil-
erosion problems incurred in adjustment of the
terrain to meet onsite and offsite development
needs;
(e) To achieve land-use densities that
are in keeping with the general plan; however,
in order to retain the significant natural
features of the hill areas, densities will
diminish as the slope of the terrain increases;
(f) To insure that the open space as
shown on any development plan is consistent
with the open-space element shown on the Gen-
eral Plan; and areas and to retain the sense
of identity and imageability that these hill
areas now impart to the City of Walnut Creek
and its environs. (Sec. 1, Ord. 1146, eff.
September 13, 1972.)
The Walnut Creek example narrows the purposes of the ordinance. While not
as complete as Pacifica, it is nevertheless a good statement of purpose.
The statement of purpose or intent summarizes the specific objectives
of the local community in regulating hillside development. While the em-
phasis of this report focuses on environmental concerns, it is important to
note that a statement of purpose should include the various social and eco-
nomic objectives which also apply. The statement of purpose or intent is
the basic foundation for the remainder of the regulation.
2. Key Features of the Regulatory Approach
There are three principal approaches to the regulation of hillside
development: 1) slope-density provisions, which decrease allowable devel-
opment densities as slope increases; 2) soils-overlay provisions, which
assign use and density on the basis of s"oil characteristics in sloped areas;
3) the guiding principles approach, which is relatively free of precise
standards but which emphasizes case-by-case evaluation on the basis of a
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number of specific policies. Grading and erosion controls are important
supplements to these three techniques.
a. Slope-Density Provisions—Slope-density provisions are assuming
an increasingly larger role in the regulation of hillside development.
These provisions, which state what degree of density may be built on a
particular slope, are becoming a primary means of hillside protection.
Their purpose is to define the percentage of a particular parcel of land
which can be developed on the basis of that parcel's average slope. The
greater the slope, less of the parcel may be developed. The lesser the
slope, more of the parcel may be developed. (See Figure VIII-5.)
Figure VIII-5
Slope-density development
. Vegetation retained
High density development
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The basic environmental rationale supporting the slope-density
approach is simple. Other factors being equal, as slope increases so
does the potential for environmental degradation. This includes, for
example, the probability of slope failure, increased erosion, sedimenta-
tion, and runoff. Limiting development according to the degree of slope
encourages development into areas which have the least potential for
environmental damage while protecting steeper, more sensitive land from
development pressures.
Slope-density provisions achieve several of the typical local
•
objectives spelled out in the purpose or intent of regulation. In lower-
ing densities as a function of slope, the potential for environmental
degradation is decreased. Economic costs to the community in terms of
public safety and other public services are reduced when steep slopes are
more restricted. Aesthetic values are maintained if development is en-
couraged in gently sloping areas and steeply sloped, dominant landscapes
are maintained in their natural state. In these and other ways, slope-
density provisions make good environmental sense.
Another attractive feature of slope-density provisions is the sub-
stantial flexibility in setting the exact standards. These standards as
we shall see, are easily adapted to reflect specific local concerns. In
a community composed entirely of sloped areas, the standards may be far
less restrictive than in a community intent on maintaining the natural
quality of a few dominant sloping areas. In a community with a history
of steep-slope failures or with extensive erosion problems, a very restric-
tive slope-density provision makes good sense. Each jurisdiction utilizes
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the same basic concept, but each is able to adjust the provision to meet
specific local needs. For example, in Pacifica and Thousand Oaks, Cali-
fornia, all lands at or exceeding an average slope of 35 per cent must be
retained in their natural state. However, in Weber County, Utah, lands
with an average slope of 35 per cent or greater may be developed with lot
sizes ranging from 10,000 to 75,000 square feet.
Still, there are a variety of shortcomings to this approach. While
one can state that, in general, the potential for degradation increases as
a function of slope, in some instances may be more a problem on relatively
gentle slopes than on steeper ones. Erosion may be more a function of vege-
tative cover and soil type than degree of slope. In other cases runoff in
gently sloping areas may exceed that of steep-slope areas. Though many other
factors affect the potential for hillside damage, the main strength of slope-
density provisions is in the recognition of the fundamental relationship be-
tween slope and the potential for degradation. Since they are a useful device
in the absence of a great deal of site-specific information, they are parti-
cularly appropriate for local communities with limited technical resources.
When combined with more exacting site-specific informational requirements,
they can be both flexible for developers and dependable for local communities
in maintaining critical environmental values.
Another shortcoming of slope-density provisions is the method by
which average slope is determined. One corner of a parcel may be steeply
sloping and fall under highly restrictive regulations. However, the rest of
the parcel may be gently sloping and the average slope may thus be low enough
to allow development of the entire area. Regulations meet this problem of
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how to determine average slope by specifying that any slope above a cer-
tain percentage cannot be developed and thus must be excluded from the
average slope equation. Thus in communities such as Pacifica, California,
all slopes over 35% are protected, regardless of what portion of a parcel
contains such steep areas.
There are three principal variations on the slope-density approach:
slope-lot size, slope-natural area, and slope-dwelling units. With slope-
lot size, minimum lot size increases with average slope. With slope-natural
area, the amount of land to be left in its natural state increases with
slope. On the basis of slope-dwelling unit, the number of permissible dwell-
ing units falls as slope increases. In some local jurisdictions, each of
these variations is contained in the ordinance. In others, two of the three
are used. Commonly, however, only one is chosen.
1. Slope-lot size—the earliest slope-density provisions grew out of
efforts to define a relationship between average slope and required
minimum lot size. Marin County, California, may have been the first
to define such a relationship in the late 1950s. Since that time,
a number of local jurisdictions have chosen this basic route.
Table VIII-1 compares the slope-lot size requirements of three
jurisdictions. From this table it should be apparent that local
conditions play a key role in determining minimum lot size in rela-
tion to average slope. In Santa Fe, New Mexico, hillsides are
particularly vulnerable to erosion. In Phoenix, Arizona, hillsides
are easily scarred. In Orange County, California, erosion, scarring,
and slope failure are all questions of local concern.
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Table VIII-1. SLOPE-LOT SIZE REQUIREMENTS
Percent Average
Slope
5
10
15
20
25
30
35+
40
50+
*Proposed
Santa Fe, N.M.
.25 Acres
.50 Acres
1 Acre
2 Acres
5 Acres
No Develop.
No Develop.
No Develop.
No Develop.
Regulation
Phoenix , Az .
No Req.
.55 Acres
.90 Acres
1.30 Acres
2.00 Acres
3.33 Acres
5.00 Acres
5.00 Acres
5.00 Acres
Orange Co. , Ca.
No Req.
No Req.
No Req.
.16 Acres
.22 Acres
.44 Acres
1.00 Acres
5.00 Acres
10.00 Acres
Along with regulating lot sizes according to slope, local juris-
dictions must also be careful to include coverage requirements.
The amount of land which is covered by impervious surface is an
important variable in the determination of developmental effects
on hillside. Runoff, for example, is directly related to imper-
vious surface as well as slope. When a slope is covered with im-
pervious surface, runoff increases dramatically, thereby increas-
ing the potential for erosion of the hillside in addition to sil-
tation of the down-watershed area.
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One effective regulatory response to the hazards of imper-
vious surface is found in coverage maximums, which specify
the amount of land that may be covered by impervious sur-
face. For example, in the proposed Santa Fe, New Mexico,
regulation, lot sizes of up to one acre are restricted to a
maximum of 30 per cent lot coverage for structures. At two
acres and above, this maximum drops to 10 per cent lot cover-
age for structures. In the proposed Orange County ordinance,
coverage maximums are also a function of lot size: the smaller
the lot size (7,000 sq. ft.) the higher the allowable coverage
(40 per cent); the larger the lot size (10 acres), the lower
the allowable coverage (5 per cent).
In steep-slope areas, such as Orange County, large lot sizes
may be required. Orange County proposes a 10-acre minimum on
slopes greater than 50 per cent, allowing a maximum land cover-
age of 5 per cent. For a 10-acre lot, then Orange County pro-
poses to set the coverage maximum at one-half acre in the
steepest slope area. In contrast, a less rugged area of 20 per
cent average slope allows a coverage maximum of 40 per cent on
a 7,000 square foot minimum lot, amounting to some 2,800 square
feet of coverage. Coverage maximums in this case provide effec-
tive -support to the environmental rationale of the basic slope-
density relation. The concept is simple. If, for example, a'
land area of some 100 acres were classified in the 50 per cent
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average slope category, the Orange County proposal would
establish up to 10 dwelling units with a maximum impervi-
ous surface of 5 acres. If these same 100 acres were
classified in the average slope of 20 per cent, some
625 dwelling units would be allowed which would cover a
total of 40 acres in impervious surface. At a lower average
slope, both density and coverage could increase, while at
higher average slopes density and coverage would decrease.
In the design of minimum lot size-slope relationships, this
is an important concept. Liberal coverage allowances in
steep-slope areas can reduce the environmental effectiveness
of the ordinance.
2. Slope-natural state—some jurisdictions are facing the question
of coverage more directly. The slope-density relation specifies
some percentage of the site which is to be retained in a natural
or undisturbed state. On the land so specified, only uses which
do not require topographical change or major construction such
as conservation or recreation are allowed. Table VIII-2
presents a comparison of three jurisdictions which specify the
per cent of each site to be retained in a natural state as a
function of average slope.
Once again, there is some variation in the local application of
the "natural-state" provision. In most categories, Thousand
Oaks, California, requires a larger percentage of the site
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to be retained in a "natural state." Chula Vista, California,
requires less a percentage than the others in the low-slope
categories^but more than both at the average slope of 30 per
cent. The variations are another reflection of the rule of
local conditions.
Table VIII-2. Slope-Natural State Requirements
Percent Average
Slope Chula Vista, Ca. Pacifica, Ca. Thousand Oaks, Ca.
10
15
20
25
30
35
40
13.75
31.25
43.75
62.50
90.00
90.00
90.00
32
36
45
57
72
90
100
32.5
40.0
55.0
70.0
85.0
100.0
100.0
3. Slope-dwelling units—the final variation of the slope-density
provision is found in the specification of the number of dwell-
ing units allowable according to the degree of slope. This is
commonly accompanied by provisions which establish minimum
lot size as a function of slope or which establish the per cent
of-the site to be retained in "natural-state" according to slope.
Table VIII-3 identifies its application in three jurisdictions.
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Table VIII-3. Slope-Dwelling Units Requirements
Percent Average
Slope
5
10
15
20
25
30
35
40
Walnut Creek, Ca.
No Req.
3.5
3.0
2.5
2.0
1.5
1.0
.5
Phoenix, Az.
No Req.
1.8
1.1
.7
.5
.3
.2
.2
Thousand Oaks, Ca.
No Req.
2.0
11.6
1.2
.8
.4
.1
.1
Once again, the relationship between average slope and dwelling
units per acre can be seen to reflect varying local needs. In
most categories, Phoenix is the most restrictive, with Walnut
Creek the most permissive. Yet in the higher average slope
categories, it is Thousand Oaks which places the maximum re-
straints.
The use of the basic slope-density equation has grown from the
determination of minimum lot size and buildings per acre to
the determination of the area which must be retained in a
natural state. In one community, Chula Vista, California, it
has also extended into the identification of the maximum area
which may be graded as a function of slope. (See p. 375 for
grading provisions.)
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In all cases, it retains the dominant environmental rationale
of protecting the natural functions of hillsides. This pro-
tection occurs under the basic principle that steep-slope
areas are more sensitive than areas of lesser slope.
Slope-density is also flexible. As should be apparent from
the foregoing tables, the exact specifications tied to
average slope can be quite varied. Highly erodible or easily
scarred slopes may require lower densities than slopes which
are less erodible or less easily scarred. Slide-sensitive
slopes may preclude the placement of structures altogether.
Thus slope-density requirements are adaptable to local needs.
b. Soil Overlays—a second approach' to the regulation of hillside
development is through the use of soil overlay maps. The overlays themselves
are usually developed by the Soil Conservation Service in cooperation with
local agencies on a cost sharing basis. A soil overlay map identifies soils
in particular areas which make them suitable or unsuitable for particular
types of development. The use of overlays places an exacting dimension on
one important variable in hillside areas. With the more precise knowledge
generated by such soils surveys, local communities are able to fine-tune
their regulatory approach. Those sloped areas which present special environ-^
mental problems can be identified and dealt with while those areas with rela-
tively few constraints can be treated in a more lenient fashion.
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McHenry County, Illinois, has developed "Soils Overlay Regula-
tions," which are applied in addition to the requirements of the primary
zoning districts. Under this overlay regulation, a special "Steep Soils
Overlay District" has been established based on a special series of soil
types which have slopes greater than 12 per cent. Since these soils are
particularly vulnerable to erosion and problems of sewage disposal, the
district places additional restrictions on any primary use. If the pri-
mary use is residential, the regulations specify certain procedural re-
quirements for any " onsi'te sewage disposal, sewage lagoons, oxidation
ponds, landfills, or extensive site modification. ..."
The small town of Mine Hill in Morris County, New Jersey, is using
a soil survey to regulate development in sensitive slope areas. The limi-
tations of certain soils are based on an analysis of the Morris County
Soil Survey Map. Eight separate soil types on slopes in excess of 15 or
25 per cent are identified as "unbuildable." The ordinance simply states
that "Applicants shall not place structures or construct improvements on
those lands indicated in Schedule V as unbuildable." Since soil surveys
have not been completed for most of the state, New Jersey is perhaps more
fortunate than many states. In the case of Mine Hill, a private consultant
adopted this environmental information into ordinance form. If such infor-
mation is available (and relatively current), it is an excellent foundation
from which key features of a hillside development regulation may be devel-
oped.
The Soil Conservation Service Department of Orange County, New York,
cooperated with the Department of Planning to produce a set of regulations
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based on a variety of soil types also. One interesting feature of this
ordinance is a minimum -lot-size formula which is used in large lot zoning
districts where there will be no public sewer systems. The formula con-
siders the various soil types found in a particular area to arrive at a
minimum lot size to arrive at a sliding lot-size scale, based on the
capability of the land to support septic systems. The lot size in gently
sloping, well-drained, erosion-resistant soils would be much smaller, for
example, than lot size in moderately sloping, poorly drained, highly
erosive soil areas.
Orange County, New York's subdivision regulations divides the
county's many soil types into 15 major groups. Since each group is defined
according to certain properties, such as slope, and erosion and runoff po-
tential, each one has certain restrictions on development. Two of the major
groups, which apply to sloped areas and have special restrictions on devel-
opment, are excerpted below:
Orange County, New York
GROUP XII. SOILS DEVELOPED IN SANDS AND SILTS THAT ARE
INFLUENCED BY STEEP SLOPES, MODERATELY STEEP
TO STEEP
A. Characteristics: The soils in this group
are all soils that occur on slopes rang-
ing from 15 through 25 per cent. Slope
percentages in some units are combined.
The range of these soils is 15 through 35
per cent. These soils are rated rapid for
surface runoff.
B; Use and Requirements:
1) Septic systems shall not be installed
on these soils.
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2) Buildings shall not be constructed on
these soils except in cases where
50 per cent of the area where the build-
ings are to be constructed is less than
15 per cent slope (or 4,000 square feet).
3) Erodability on these soils is low to
medium, and erosion may be a problem on
the "C" slopes.
GROUP XIII. SOILS DEVELOPED IN SANDS, SILTS, AND CLAYS THAT
ARE DOMINATED BY VERY STEEP SLOPES
A. Characteristics: The soils in this group
are all soils that occur on slopes ranging
from 25 through 45 per cent. These soils
are rated very rapid for surface runoff.
B. Use and Requirements:
1) Septic systems shall not be installed
on these soils.
2) Buildings with and without basements
shall not be installed on these soils
except in cases where it can be proven
that erosion and sluffing will not
occur, or necessary measures have been
taken to prevent them.
3) Erodability on these soils is high, and
erosion and sluffing may be a severe
problem.
Through the use of soil surveys. Orange County has been able to re-
fine their regulations to reflect the special capabilities of their critical
areas. Some sloped areas are more suitable for development than are others.
Some are simply unbuildable because of the nature of their physical proper-
ties. Such exacting information, when translated into ordinance form, makes
the job of the local planning agency easier.
One important feature of most ordinances based on soil, information
is providing allowances for additional or more precise information. A
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common failing of soil surveys is simply that in reviewing several hundred
square miles of land it is possible to make an inaccurate evaluation. It
is even more possible that the quality of the information is accurate only
on a large scale and that refined information will show some significant
variation in a site-by-site evaluation. Consequently, most ordinances
based on soil surveys allow, and indeed require, prospective developers to
submit site surveys. If the results of the site survey conform with the
initial findings, then the ordinance applies. If the results show some
significant variation, then another class of standards applies.
The use of soil surveys to regulate hillside development is an im-
portant advance. Along with the factors of runoff and slope, the poten-
tial of soils to erode or slide allows regulations to be tailored to speci-
fic areas. This is in obvious contrast to hillside-development regulations
which apply across the board to any land with a slope greater than some
minimum percentage. Clearly, the more detailed information of soil surveys
enables the setting of priorities on a rational basis among various land
areas. Some hillside property is more sensitive to erosion than others;
some more sensitive to runoff than others; some more sensitive to failure
than others. This information enables the local community to make impor-
tant regulatory distinctions. A developer in hillside area x might be re-
quired to take extensive protective measures against erosion while another
developer in hillside area y might be required to take similar measures
against runoff. For any single site, preventative measures could be focused
on the greatest needs of that area.
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On the negative side, soil overlays are not an inexpensive under-
taking, and without careful monitoring of development changes, information
may become quickly dated. There are also some problems with accurate in-
formation on a large scale becoming inaccurate on a smaller scale. Fur-
ther, data on soil characteristics give: little information about the con-
straints of underlying geology, nor is such knowledge equivalent to a hy-
dro logical survey. Soil surveys are but one piece of environmental informa-
tion which can focus the regulatory approach but which in themselves do not
account for all factors affecting hillside stability.
Still, if the information on soils is available and reasonably cur-
rent, there are few more precise sources of information to be used in the
regulation of hillside development. With the knowledge of the sensitivity
of particular soils, land-use regulations can be more finely tuned to the
characteristics of an important natural system.
c. The Guiding Principles Approach—third major approach to the regu-
lation of hillside development is the use of various evaluative principles.
While determining the base district as residential, commercial, or indus-
trial sets the primary type of land use in the hillside area, an overlay
district is also applied to all lands within the jurisdiction whose average
slope exceeds some minimum per cent. The key feature of the overlay dis-
trict is a set of guiding principles or policies which are utilized by an
evaluative body in reviewing development proposals.
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The principles themselves may or may not be connected to more exact
development standards. In a pure principle approach, no precise standards
are contained within the overlay district regulations. In a modified prin-
ciples approach, precise standards are applied in conjunction with the
evaluation principles. Slope-density provisions, for example, may be sup-
plemented by evaluative principles in a modified approach. Two examples
of the pure principle approach are found in the Irvine, California, Hillside
Development Overlay District and a proposed Hillside Overlay District for
Boise, Idaho.
Irvine, California
The policies of the City of Irvine with regard
to development in hillside areas are as follows:
A. To preserve the most visually significant
slope banks and ridgelines in their natural
state by clustering developments into mean-
ingful neighborhood units.
B. Minimize the effects of grading and insure
that the natural character of the hillsides
is retained.
C. Preserve visually significant rock outcrop-
pings, native plant materials, natural hydro-
logy, and areas of historical or visual sig-
nificance identified by the General Plan or
through the Environmental Impact Report Pro-
cedure to the maximum extent possible.
D. To encourage variety in housing types, pad-
ding techniques, grading techniques, lot
sizes, site design, density, arrangement,
and spacing of homes and developments.
E. To encourage innovative architectural, land-
scaping, circulation, and site design.
F. To discourage mass grading of large pads and
excessive terracing.
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G. To provide safe circulation of vehicular
and pedestrian traffic to and within the
hillside areas and to provide access for
emergency vehicles necessary to serve the
hillside areas.
H. To provide safety against unstable slopes
or slopes subject to erosion and deterio-
ation in order to protect human lives and
property.
I. To permit only those developments which
are not detrimental to the public health,
safety, and welfare.
In the Irvine example it is apparent that the range of evaluative policies
can be quite broad. The policies stress aesthetic values as well as economic,
social, environmental,and public safety values. In contrast, the following
Boise proposal tends to emphasize aesthetic and environmental values only.
Boise, Idaho To this end, the following points shall serve as
a basis for evaluating all hillside development
proposals.
1. All development proposals shall strive for
maximum retention of the natural morpho-
logical features and qualities of the site
and development shall seek to enhance these
natural features and qualities.
2. All development proposals shall take into
account and shall be judged by the appli-
cation of current understanding of land-
use planning, soil mechanics, engineering
geology, hydrology, civil engineering,
environmental and civic design, architec-
ture,and landscape architecture in hill
areas. Such current understanding includes
but is not limited to:
a. Planning of development to fit the top-
ography, soils, geology, hydrology, and
other conditions existing on the proposed
site;
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b. Orienting development to the site so
that grading and other site prepara-
tion is kept to an absolute minimum;
c. Shaping of essential grading to compli-
ment the natural land forms and pro-
hibiting all successive padding and/or
terracing of building sites;
d. Developing large tracts in workable
units on which construction can be com-
pleted within one construction season
so that large areas are not left bare
and exposed during the winter-spring
runoff period;
e. Accomplishing all paving as rapidly as
possible after grading;
f. Allocating to open space and recreation
uses those areas not well suited to devel-
opment, as evidenced by competent soils,
geology,and hydrology investigations
and reports;
g. Landscaping of areas around structures
and blending them with the natural land-
scape ;
h. Placement, grouping,and shaping of man-
made structures to complement one an-
other and the natural landscape, provid-
ing visual interest, and creating a
"sense of place" within the development;
i. Demonstrating a concern for the view of_
the hills as well as the view from the
hills;
j. Use of a variety of housing types in
residential areas to permit steep slopes,
wooded areas, and areas of special scenic
beauty to be preserved as scenic ease-
ments, through the use of density trans-
fers; .such alternatives may include
attached dwellings, apartments and condo-
miniums, residential clusters,and groups
of various housing types;
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k. Special consideration in the design of
such visual elements as street lighting,
fences, sidewalks, pathways,and other
street "furniture" to enable maximum
identity and uniqueness of character to
be built into each development;
1. Minimizing disruption of existing plant
and animal life.
There is a great deal of evaluative expertise required in order to implement
the overlay policies. Indeed, generalizations such as "preserve the most
visually significant slope ..." and to "discourage mass grading . . -"
and "planning of development to fit the topography, soils, geology, hydrol-
ogy • • -/" leave a wide area for discretion. Success of this approach
relies almost exclusively on the effectiveness of the evaluative process.
To use a pure principle approach requires a great deal of specific
infonnation about a site. Since the interpretation of the information deter-
mines the effectiveness of its regulation, technical and scientific expertise
is necessary. Without these resources, which are often unavailable to local
agencies, the principle approach becomes ineffective. Thus, while this ap-
proach contains the seeds of innovative hillside regulation, it may also
contain the potential for a degraded local hillside resource.
In recognition of these drawbacks, a number of communities use a
modified-principles method,in which the principles are supplemented by a
set of minimum standards which apply exclusively to hillside development.
In this case/ the principles and standards are contained in the regulations
of an overlay district. The base district still sets the primary uses of
the area, which may range from planned unit development to exclusive resi-
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dential or commercial. Within the context of the base district and the
minimum standards defined in the overlay district, proposed developments
may then be evaluated according to the set of guiding principles. In such
cases, the principles are used to determine whether bonuses should be
awarded on the basis of a development's innovation or adequacy. These
bonuses may be given for innovative site design, extensive open space com-
mitments, or preserving a special landmark or natural resource. Once again,
the evaluation is central to the effectiveness of this method, but with
supplemental standards there is less room for effectiveness than in those
communities which elect the pure-principle approach.
An example of the use of the modified principle approach is found in
the Walnut Creek, California, Hillside Planned Development Permit Process. In
this process, prospective developments are subject to slope-density minimums.
However, base density may be adjusted within a defined range if the evaluative
body determines that the proposal meets one of the following characteristics:
Walnut Creek, In order to encourage hillside developments
California which take into consideration the above factors,
adjustments may be made in the base density in
the recommendation for approval and approval of
an H-P-D permit, pursuant to any of the follow-
ing:
(i) The existence of open space beyond that re-
quired by subsection (h);
(ii) The existence of amenities or on site or off
site improvements which are not normally
found or required in residential developments;
(iii) The existence of a mixture of housing types
which provides a variation in the appearance
of the development and allows a range of
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Walnut Creek, housing prices for differing income levels,
California (cont'd.) and has a projected population which is
comparable to or lower than the projected
population of a single housing type;
(iv) The existence of landscaping of a type,
size and quantity which exceeds that required
by this section;
(v) The existence of a topographical feature, in-
cluding but not limited to a cliff or deep ra-
vine , of a magnitude which causes the weighted
incremental slope [average slope] to be signi-
ficantly greater than would be the case if the
topographic feature was not considered; and
(vi) The offer to an acceptance by the City of
land in excess of the park land dedication
requirements of Section 10-1.516 of this
Code.
Of the principles focused on relatively specific local objectives, the
necessity for evaluative expertise is not so demanding. For example, a com-
munity may specify a certain percentage of open spaces in its hillside areas.
If the proposed development can be shown to exceed this goal, then some form
of bonus might be granted. This method could be applied to virtually any
area of local concern such as low-income housing, varied developments, and
school dedication.
The strength of the guiding-principle approach lies in its ability to
encourage innovative hillside development. However, when this method is
used without any minimum standards, increased evaluative expertise is re-
quired of the review group. If such expertise is not available, indiscrimin-
ate developments resembling those of flaljland practices may result. Con-
versely, if the expertise is available, the flexibility allowed the developer
may produce unique, environmentally sensitive development projects. Still,
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it is important to consider, as one planning director urges, that "90 per
cent of the development industry will come in with the minimum and try to
avoid all they can. The other 10 per cent are interested in doing some-
thing really worthwhile and look upon these guidelines as an opportunity to
do so." Thus many jurisdictions choose a modified planning principles
approach whereby minimum standards must be met and some flexibility is re-
tained. This modified method avoids the extensive expertise requirements
of the pure principle approach without placing a straightjacket upon any
innovative developmental concepts.
3. Grading Control: A Supplement to Hillside-Development Regulations
Grading controls are a necessary supplement to hillside development
regulations. They may be found within the hillside regulation or as a sup-
plementary regulation to the hillside ordinance. As the most potentially
destructive part of the construction process, regulation of grading is cru-
cial in maintaining the stability of a hillside. Five minutes with modern
earthmoving equipment can do more to alter hillside terrain than 500 years
of natural processes.
Grading control can be directly included in the hillside regulation
itself. With this method, limits are set on the maximum amount of grading
which can occur on any given parcel. This approach is generally tied to
slope-density provisions which state that as a slope increases the amount
of land to be retained in its natural state also increases. Conversely, as
slope decreases, the amount of land to be retained in its natural state
decreases. In this indirect way, steep-slope areas are subject to less grad-
i-
ing than are gently sloping areas. In the Chula Vista, California, Hillside
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Modifying District, the percentage of any parcel which can be graded is
directly tied to average slope. For example, in a parcel jvd.th a 5 per cent
average slope, 93.75 per cent of the parcel may be graded,while in a par-
cel with an average slope of 30 percent, only 10 per cent of the site may
be graded. The slope-density approach thus sets basic guidelines to grad-
ing. While not establishing exact standards on how the grading occurs, it
does establish the maximum area which can be graded.
Beyond this broad standard, most local agencies require a permit
before any grading is allowed. Obviously, local agencies allow some ex-
ceptions for only light grading activities. Commonly, the exceptions spec-
ify that no permit is required if the aggregate volume of earth graded does
not exceed a minimum of 100 cubic yards, or so many square feet. Any con-
struction which exceeds these limits would require a grading permit.
In order to be considered for a grading permit, the application must
generally be accompanied by a grading plan, which is submitted in conjunction
with the development permit application. The grading plan must include in-
formation concerning the existing physical characteristics of the area as
well as data on anticipated changes as a result of the grading operation.
Further, it also calls for a description of the grading process itself
which may include exact times and location of proposed earth moving activi-
ties. The Placer County, California, Grading Regulation suggests the usual
content of a grading plan: The following information shall be required,
unless waived by the Director:
1. A vicinity map showing the location of the site or
sites involved.
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2. An accurate plot plan showing:
a) The exterior boundaries and dimensions of the
property on which the grading is to be performed.
b) Dimension of the area covered by the application.
c) Buildings, roads, utilities, or other improve-
ments within the area and adjacent thereto.
3. A map drawn to a scale approved by the Department showing:
a) Accurate contours at two (2) foot intervals for slopes
up to 20% and five (5) foot intervals for slopes over
20% showing the topography of the ground to be graded
and filled or cleared and the topogtaphy of the fifteen
(15) feet adjacent to such area. Elevation to be based
on USGS datum.
b) The location of observed springs, swampy areas, areas
subject to flooding, land slides, and mud flows.
4. A statement of the land capabilities of the property on
which the grading is to be performed, including soil name,
soil group, hydrologic group, slope, runoff potential, soil
depth, erosion potential, and natural drainage.
5. A report and map showing the existing and proposed tree and
vegetative cover of the site. (Ref. Sec. 9.07.)
6. A subsurface soil and geological report including subsurface
investigations, as may be required in Sec. 9.05 of this
Ordinance.
7. A report of the materials involved in the work, including:
a) classification
b) suitability of material for the proposed construction
c) erosion potential
d) recommendations for construction procedures to obtain
the required stability and compaction.
8. A grading plan including the following:
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a) Cross section showing both the original and proposed
ground surfaces, with grades, slopes and elevation
noted.
b) Detailed plans of all drainage devices, walls cribbing,
dams, or other protective devices to be constructed
in connection with, or as a part of, the proposed work.
c) A map showing the drainage area and estimated runoff
of the area served by any drains and proposed methods
of runoff disposal. (Ref. Sec. 9.10).
d) A soil stabilization report including final ground-
cover, landscaping, and erosion control. (Ref. Sec.
9.07).
e) Erosion control measures to prevent soil loss when the
grading is in process. (Ref. Sec. 9.12).
f) A description of equipment and methods to be employed
in processing and disposing of soil and other material
that is removed from the grading site, including the
location of disposal sites.
g) A schedule showing when each stage of the project will
be completed, including estimated starting and comple-
tion dates, hours of operation, and days of week of
operation. (Ref. Sec. 9.58).
h) Specifications controlling construction methods and
materials in construction of the work, including:
1) Provisions for control of grading operations within
the construction area and on public roads.
2) Safety precautions to be observed and facilities
to be provided.
3) Compliance with laws and local regulations.
4) Control of dust (Ref. Sec. 9.14).
5) Other related matters-
9. Supplementary Data - When requested by the Director, the
applicant shall procure and furnish at his own expense
additional engineering, geologic,and legal reports, plans
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or surveys, and other material necessary to determine
evaluate site conditions and the effect of the proposed
work on abutting properties, public ways,and public
welfare and safety within the purpose of this Division.
10. A statement of the credentials of the person or persons who
make the investigation or prepared the reports and plans.
Sec. 9.05 SUBSURFACE INVESTIGATIONS
For the purpose of preparing the soil and geological reports,
subsurface investigations shall be performed throughout the area
to sufficiently describe the existing conditions.
In particular, subsurface investigations shall be conducted where
stability will be lessened by proposed grading or filling or where
any of the following conditions are discovered or proposed:
1. At fault zones where past land movement is evidenced by
the presence of a fault gorge,
2. At contact zones between two or more geologic formations,
3. At zones of trapped water or high water table, (Ref. Sec. 9.10)
4. At bodies of intrusive materials,
5. At historic landslides or where the topography is indicative
of prehistoric landslides,
6. At adversely sloped bedding plains, short-range folding, over-
turned folds, and other geologic formations of similar im-
portance ,
7. At locations where a fill slope is to be placed above a cut
slope,
8. At proposed cuts exceeding twenty (20) feet in height, unless
in extremely competent rock,
9. Locations of proposed fills exceeding twenty (20) feet in
height,
10. Where side hill fills are to be placed on existing slopes
steeper than 16%,
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11. Wherever groundwater from either the grading project or
adjoining properties is likely to substantially reduce
the subsurface stability. (Ref. Sec. 9.10).
While the Placer County example is inclusive in the scope of infor-
mation required, local agencies might pare it down to focus on specific
local concerns. Clearly, seismic hazards may not play the same role in
central Missouri as they would in jurisdictions adjacent to active faults.
Still, with this level of information local agencies are better prepared
to evaluate the feasibility of grading in their hillside area.
With the plan and requisite information, local agencies commonly
elect one of two approaches in the evaluation of the grading information.
In the first method, the plan is evaluated by the resident local expert, such
as the city engineer, building engineer, or the planning director. The
evaluator * s authority range from disapproval of the permit application to
requirements for modification to approval.
Often, the evaluator is left with the authority to adjust informa-
tional requirements for the plan itself. If, for example, the development
is proposed in a particularly sensitive hillside area, the evaluator may
«
require more detailed information concerning an important feature of the
resource area. In the same way, the evaluator may modify the grading pro-
cess or may require more extensive use of various protection devices.
In this evaluative approach there are few if any minimum standards defined
in the relevant grading provision.
Examples of this approach are taken from Los Gatos, Pacifica,
and Placer County, California.
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Los Gates, Calif. No grading for which a grading permit is re-
Sec. 18-A.13: quired by the Town of Los Gatos regulations
Grading shall be authorized except upon the securing
of Architectural and-Site Approval. The
Architecture and Site Committee shall not
grant approval for such grading except upon
a finding that the purpose for which the grad-
ing is proposed is essential for the establish-
ment or maintenance of a use which is expressly
permitted herein and that the design, scope,
and location of the grading proposed will be
compatible with adjacent areas and will result
in the least disturbance of the terrain and
natural land features. All grading for which
no permits or approval are required shall be
subject to the provisions set forth in Section
18-A.14 of this Article.
In Los Gatos, the evaluation is made by the Architectural and Site Committee.
The section contains few guidelines, leaving the committee wide latitude in
evaluating a plan.
In Pacifica, the relevant section of the ordinance spells the criteria
a little further but still leaves the evaluation to the experts. In this
case, the plan must be approved by both the Planning Director and the City
Engineer.
Pacifica, California No grading or excavation permit shall be issued
Sec. 9-4.2211: by the City for any location in a P-D District
Grading and excava- or Hillside Preservation District unless the
tion permits permit has the approval of the Director of
Community Development and the City Engineer, who
shall ensure that the issuance of the permit
will not result in effects inconsistent with
the purposes of this article or Article 22.5 of
this chapter if such P-D District falls within the
HPD District. For P-D District within the HPD
District, the Director of Community Development
and the City Engineer may, at their discretion,
refer the permit to the HPR Board for its review.
Approval of the permit shall be contingent upon
the following conditions;
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(a) The grading plan and work shall be
directly related to an approved specific
plan.
(b) Any grading and excavation shall be neces-
sary for the establishment or maintenance
of an approved specific plan.
(c) The design, scope, and location of the
grading and excavation will cause mini-
mum disturbance of the terrain and natural
features of the land commensurate with
the purpose of the grading and excavation
work.
(d) All persons performing any grading and ex-
cavation operation shall put into effect
all necessary safety precautions to mini-
mize erosion, protect any watercourses and
other natural features, protect the heal'th
and welfare of all persons, and protect pri-
vate and public property from damage of any
kind.
(e) The City shall place certain conditions on
time limits and necessary site restoration
and shall undertake measures to assure ful-
fillment of such conditions, for any grad-
ing and excavation work.
Placer County, California, establishes more specific criteria for
evaluation of grading plans.
Sec. 9.03 GENERAL CRITERIA
All grading and clearing operations, when a permit is required
under these regulations, shall be designed:
1. To preserve, match,or blend with the natural contours and
undulations of the land.
2. To retain trees and other native vegetation, to stabilize
hillsides, retain moisture, .reduce erosion, siltation, and
nutrient runoff,and preserve the natural scenic beauty.
3. To minimize scars from cuts and fills.
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4. To reduce the amount of cuts and fills and to round off
sharp angles at the top and toe and sides of all necessary
cut-and-fill slopes.
5. To limit development on steep or hazardous terrain.
6. To compensate for geologic hazards and adverse soil condi-
tions and their effect on the future stability of the develop-
ment.
7. So that all cleared slopes, including ski slopes, cuts and fills,
and other areas vulnerable to erosion shall be stabilized.
8. So that construction, clearing of vegetation, or disturbances
of the soil be limited to those areas,of proven stability.
9. So that the natural geologic erosion of hillsides, slopes, graded
areas, cleared areas, filled areas or streambanks will not be
exceeded.
10. So that sediment or other material deposited in any lake, its
flood plains, or its tributaries, or any other public or pri-
vate lands will not exceed that which would have been deposited
if the land had been left in its natural state.
In the absence of minimum standards, evaluation of grading plans places
total reliance upon the expertise of the evaluator. There are no simple
rules or devices to serve as basic indicators of the feasibility of the grad-
ing proposal. Further, this method presumes a great deal of technical know-
ledge which is rarely found in the smaller local planning agencies. Clearly,
this method of expert evaluation has its pitfalls. If the real expert is
available, then perhaps this approach lends both flexibility and sensitivity
to the development process. If not, the local agency, may find its evaluative
process ineffective.
The second type of approach to grading control combines a series of
basic development standards with expert evaluation. Typically, the standards
cover cuts, fills, grading on steep slopes, composition of materials used in
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fills, and perhaps such features as retaining walls and the placement of
excavated materials.
Standards relating to cuts are mainly concerned with the steepness
of the finished slope. Table VIII-4 identifies a range of standards:
Table VIII-4. Cuts-Steepness of Finished Slope
Jurisdiction Steepness of Finished Slope
Santa Fe, N.M.* l' Horizontal to I1 Vertical
Palo Alto, Calif. 1-1/2' Horizontal to I1 Vertical
Phoenix, Az. 1-1/2' Horizontal to I1 Vertical
Boise, Id.* 2' Horizontal to I1 Vertical
Allegheny, Pa. 3" Horizontal to 1' Vertical
*Proposed
**Model Ordinance
The standards for the steepness of slope resulting from cuts varies
considerably. These standards reflect specific local concerns in the capa-
bility of hillsides to support various cuts. The most restrictive standard
of 1' Horizontal to 1' Vertical applies to sloped areas that are quite sen-
sitive to any alteration. Cuts in such areas could produce slope failure
or other hazards. Some flexibility in the standard may be allowed by such
regulations, depending upon the evaluation of the local city engineer.
Standards could then be adjusted to reflect the specific capacities of the
particular parcel under consideration.
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In a few cases, standards define some maximum limits of proposed
cuts. In Boise, for example, the proposed ordinance suggests that cuts
be limited to a height of 30' and a length of 400'. In Weber County,
Utah, the maximum is placed in the height only of the cut, in this case
it cannot exceed 25'. However, most ordinances do not place maximum
boundaries of the size of the cut, but rather on its finished dimensions.
Standards for fills commonly include provisions affecting the type
of material used for the fill, degree of compaction required, and the steep-
ness of the finished slope. Table VIII-5 compares various requirements
relating to fills. As should be evident, the standards for fill fall
*
into a closely defined range. There is variation in the requirements for
finished slope but this reflects the special characteristics of the local
area. As a general rule, those areas experiencing some difficulty in pre-
venting slope failure should require more exacting minimum standards relat-
ing to the final finished slope of the fill. The city engineer or registered
engineering geologist would be able to indicate the relative state of sta-
bility.
Standards regulating the type of fill material generally prohibit the
use of organic material, which, upon decomposition, would present severe sta-
bility, problems. Also, many ordinances prohibit the use of rocks which ex-
ceeds one maximum diameter, usually 8 inches. If large, various sized rocks
were allowed, the stability of the slope would be less than that of smaller
more uniform material, which is more easily compacted and stabilized by
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Table VIII-5. Standards for Fills
Jurisdiction
Orange County,
Calif.
Materials
- No Organic
- No Rock
greater
than 8" in
diam.
Compaction*
minimum to
90% of max.
Density
Steepness of finished
slope
Not greater than
2' Horizontal to
I1 Vertical .
Allegheny, Pa.**
(Model)
Weber County,
Utah
Palo Alto,
Calif.
Phoenix,
Ariz.
- No Organic
- Compacted
- Setback
for Sturc-
tures
- No Organic
- No Organic
- No Organic
- No Rock
greater
than 8" in
Diameter
No minimum
3' Horizontal to
I1 Vertical
Minimum to
90% of max.
Density
Minimum to
90% of Max.
Density
Minimum to
90% of max.
Density
Not greater than
2' Horizontal to
I1 Vertical
Not greater than
1 and 1/2' Horizontal
to 1' Vertical
Not greater than
land 1/2' Horizontal
to I1 Vertical
Boise*, Idaho*** - No Organic
95% of Max.
Density
Not greater than
2' Horizontal to
I1 Vertical
*Contpaction of fill materials is usually required in fill areas which sup-
port structures.
**Allegheny Ordinance is a Model Grading Ordinance.
***Boise Ordinance is proposed.
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vegetation. Further, the surface of the fill area must generally be covered
with topsoil, which allows revegetation in order to prevent erosion, sedi-
mentation and further loss of stability.
Standards for the compaction of the fill fall within a narrow range,
depending upon the structures which will be placed upon it. Buildings,
roads, and parking lots require a high percentage of density in order to
support their weight.
Minimum standards such as those outlined here provide the community
with at least some basic assurance that grading will not destroy the hillside
outright. Further, these standards lessen the requirements for expert evalu-
ation, providing at least some, even though crude, criteria for evaluation.
This approach is useful to smaller agencies with limited evaluative resources.
4. Maintenance of Cover and Erosion Control
A crucial factor in maintaining the stability of a hillside in pre-
serving as much vegetation as possible, or assuring that exposed soil is
revegetated or otherwise protected from runoff and erosion. Some of the
preceding regulatory approaches consider this necessity. Slope-natural
state provisions, for example, require a certain percentage of a developed
slope to be retained in its natural state, thereby protecting vegetation
cover. Soil overlays identify easily erodible soils and .limit, disturbance
of them and cover as a result of development. Guiding principles may explic-
itly provide for the maintenance of vegetation and other erosion-prevention
387
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measures, as may grading regulations. However, vegetation removal and
erosion are best handled by separate erosion control ordinances which are
important supplements to hillside regulations. (These are discussed in
detail in Section IV "Streams and Creeks.")
D- Developing -Hillside-Protection Programs
Each major approach to the regulation of hillside development re-
quires different types and amounts of site information. But how that infor-
mation is evaluated is a crucial factor. Of the three methods the pure-prin-
ciple approach would require the most extensive information, but in order to
be an effective approach there must be evaluative expertise. Consequently,
in choosing among regulatory methods it is wise to first determine a local
community's evaluative capability. Another important factor in informational
requirements is the characteristics of the local setting and the key hillside
problem areas, such as erosion, slope failure, or runoff. Some problems will
require different or more precise information than others. Also, community
attitudes, such as maintaining natural on seminatural areas on hillsides,
may require detailed wildlife and vegetation surveys. Still, in addition
to these general considerations of environmental information, each of the
three major regulatory approaches has unique requirements.
1. Slope-Density Requirements—If slope-density provisions use hill-
side districts, the community must be able to identify the appropriate bound-
ary of the district. This can generally be accomplished through the use of
USGS maps. Districts can include all slopes greater than some minimum, which may
388
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range from everything over 5 per cent to everything over 20 per cent. Be-
yond the initial district designation, slope density also requires site-
specific information in order to determine such things as number of dwell-
ing units permitted, minimum lot size, and open space requirements. In a
number of jurisdictions, this information is also used to determine which
land should be entirely excluded from development. For example, in Ander-
son, California, no development is allowed on slopes exceeding 30 per cent
while in Pacifica, California, no development is allowed on slopes exceed-
35 per cent. In the Town of Lenox, N.Y. no development is allowed on slopes
exceeding 10 per cent when the slope is in a conservation district. Site-
specific information must thus account for these various requirements.
The chief source of information for slope-density provisions is a
contour map. (See figure VIII-6.)
Figure VIII-6
Contour map
389
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The contour map, which must use contour intervals of 10 feet or less,
supplies the necessary data to use the following formula for determining
the average slope of a parcel. Average slope is usually expressed as a
percentage and is determined by the formula S= .0023 I L , where:
A
S - the average slope in per cent
.0023 is a conversion factor of square feet to acres
I = contour interval in feet
L = the combined length of the contour lines in scale feet
A = the gross area in acres of the parcel or lot
The conversion factor (.0023) translates I (contour interval in feet)
times L (the combined length of contour lines in scale feet) into the com-
mon unit of acres, thus solving the apples (feet) and oranges (acres) prob-
lem. I (contour interval in feet) is the distance in feet between the con-
tour lines which connect points of the same elevation. In order for this
equation to be accurate to one per cent, the contour interval must be 10 feet
or less. For this reason, USGS topographical maps are inappropriate since
their usual interval of 20 feet yields an unacceptable error of five per cent.
Moreover, the horizontal map scale should be at least 1": 200' to determine
"L." L (the combined length of the contour lines in scale feet) is determined
from the map with the use of a planemeter. This device, looking somewhat like
a pizza cutter, is traced around each contour line. -The length of each line
is summed to determine the combined length of all lines. A (the gross area
in acres of the parcel or lot) is readily available from the legal property
description. With this information and after subtracting out all undevelop-
390
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able (if any) segments of the property that are too steeply sloping accord-
ing to regulation, the average developable slope may easily be determined.
Average slope is then used to determine allowable number of dwelling units,
minimum lot sizes, open space requirements, or the maximum area which may
be graded.
Although many cities and counties have the appropriate contour maps,
requiring the developer to provide a survey and contour map of the land is
not an unreasonable demand. Since these maps are useful for many purposes
and are even necessary in the design and construction process, developers
rarely complain about such requirements. Consequently, information for
slope-density provisions is not expensive.
Further, the task of determining average slope is relatively simple
and easily within the capabilities of most planning agencies. Since the
slope-density approach has a minimum informational requirement, it is useful
for a large, well-staffed planning agency as well as a one or three person
agency.
2. Soil Overlays—soil overlays, on the other hand, require far more
extensive information before the writing of an ordinance or regulation.
«
Usually this information is gathered on a cost-sharing basis between the
local agency and the local or regional soil conservation agency. In a few
cases, the information is already available as a result of previous investi-
gations for other local or state agencies. In any event, the information
requirements for soil overlays are quite high and rarely within the capabili-
ties of a local planning agency.
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Although it is an expensive undertaking, once the information is
available it is easily adaptable to ordinance form. With uses closely
tied to soil capabilities, it is an excellent regulatory device which re-
quires little more than a continued reference to soil groups and soil
types in order to determine special developmental standards. Since the
information suffers some of the common maladies of large-scale surveys,
ordinances generally require specific soil interpretations at the site in
order to effectively evaluate conformance with the initial survey and also
to allow for changes in the initial survey. Small-scale surveys are within
the resource limits of most developers and, as with contour maps, are quite
useful in the development process. Developers, therefore, rarely complain
about these additional requirements.
With thc."'information available, requirements for evaluative exper-
tise are minimal. Since no evaluative formulas are required and there is
generally little room for negotiation on the essential information, the need
for staff expertise is slightly less than slope-density provisions and far
less than for the pure-principle approach. While additional resources such
as consultants, are necessary to develop the soil survey and translate it to
ordinance form follow up information is provided by the developer.
3. Guiding Principles—information requirements and evaluative ex-
pertise are quite demanding for the pure-principle approach. Since the
principles tend to cover a variety of local objectives, the number of areas
•
for which information is needed is large. Further, since any single princi-
ple can be evaluated in a number of ways, the possible range of information
392
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on any single subject area could also be quite large. When the number of
concerns is combined with varying information requirements for any single
one, the planning staff, planning commission, and council assume an ex-
tensive review responsibility. Except for areas with unique community re-
sources, it is doubtful that an agency can assemble the information and
expertise. Clearly, this approach is beyond the capabilities of the small
city or county staff and even stretches the resources of medium-sized com-
munities .
Because of the expertise and information requirements, the success
of the pure-principle approach depends upon the involvement of the local
and state agencies. The Soil Conservation Service, for example, may be
called to evaluate the nature, distribution', and strength of soils on the
proper grading procedures to minimize hazards, or necessary corrective de-
signs. The USGS can evaluate hydrological impacts or geological conditions,
and a select group of local citizens might be formed to evaluate proposals in
their personal areas of expertise. In any event, this approach requires in-
formation and evaluation which are not normally available at the local level.
If this approach is to be taken, local jurisdictions are well advised to re-
view their internal evaluative capability as well as the availability of out-
side resources.
4. Other Requirements—aside from the informational requirements of
•\
the basic approach selected, developers are commonly expected to furnish
other information. This information, which focuses on the characteristics
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of the site both before and following the development, is an environmental
impact statement of a very special nature.
Most regulations commonly call for information on the present condi-
tion of soils, geology, and hydrology, as well as the anticipated condition
of them after development. One example of these requirements is taken from
the proposed ordinance for Boise, Idaho. Since a number of local, regional,
state and federal agencies played a role in drawing up the proposal, the
requirements reflect a variety of perspectives on key environmental questions.
Boise, Idaho
(proposed)
Soils Report
a. Any area proposed for development shall be investigated to
determine the soil characteristics, and a soils engineering
report shall be submitted with every application. This re-
port shall include data regarding the nature, distribution
and strength of existing soils, conclusions and recommenda-
tions for grading procedures, design criteria for corrective
measures, and opinions and recommendations covering the ade-
quacy of sites to be developed;
b. The investigation and subsequent report shall be completed
and presented to the Commission by a professional engineer
registered in the State of Idaho, and experienced and know-
ledgeable in the practice of soils mechanics;
c. Recommendations included in the report and approved by the
engineer shall be incorporated into the design plan or
specifications;
d. Any area which presents one or more of the following limiting
factors shall not be subjected to development unless the en-
gineer can demonstrate conclusively to the Commission that
these limitations can be overcome in such a manner as to pre-
vent hazard to life, hazard to property, adverse affects on
the safety, use or stability of-a public way or drainage
channel, and adverse impact on the natural environment;
394
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i. Water table within six (6) feet of the surface at any
time of the year;
ii. Natural slopes greater than 15 per cent;
iii. Soils with a high shrink-swell potential, that is,
soils where the co-efficient of linear extensibility
(COLE) is equal to or greater than 0.06, or where the
Potential Volume Change (PVC) (as used by the Federal
Housing Administration) is equal to or greater than 4;
iv. Soils with a unified classification of CH, MH, OL, OH,
or PT [unstable soil types] .
2. Geology Report
a. Any area proposed for development shall be investigated to
determine its geological characteristics and a geology re-
port shall be submitted with every application. This report
shall include an adequate description, as defined by the
Commission, of the geology of the site, conclusions and recom-
mendations regarding the effect of geologic conditions on the
proposed development, and opinions and recommendations cover-
ing the adequacy of sites to be developed.
b. The investigation and subsequent report shall be completed
and presented to the Commission by a professional geologist
registered in the State of Idaho, and experienced and know-
ledgeable in the practice of engineering geology;
c. Any area in which the investigation indicates geological
hazards shall not be subjected to development unless the
geologist can demonstrate conclusively to the Commission that
these hazards can be overcome in such a manner as to prevent
hazard to life or limb, hazard to property, adverse affects
on the safety, use or stability of a public way or drainage
channel, and adverse impact on the natural environment.
3. Hydrology Report
a. Any area proposed for development shall be investigated to
determine its hydrological characteristics, and a hydrology
report shall be submitted with every application. This re-
port shall include an adequate description, as defined by the
Commission, of the hydrology of the site, conclusions and
recommendations regarding the effect of hydrologic conditions
on the proposed development, and opinions and recommendations
covering the adequacy of sites to be developed;
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b. The investigation and subsequent report shall be completed
and presented to the Commission by a qualified registered
professional experienced and knowledgeable in the science
of hydrology and in the techniques of hydrologic investi-
gation;
c. Any area in which the investigation indicates hydrological
hazards shall not be subjected to development unless the
developer can demonstrate conclusively to the Commission
that these hazards can be overcome in such a manner as to
prevent hazard to life or limb, hazard to property, adverse
affects on the safety, use of stability of a public way or
drainage channel, and adverse impact on the natural environ-
ment;
d. Flood frequency curves shall be provided for the area pro-
posed for development.
In addition to information on soils, geology, and hydrology, another
increasingly common requirement is for a survey of existing vegetative cover
and how it will be altered. This is particularly important in wooded areas
where trees and shrubs serve so many environmental functions. The purpose
of this requirement is to ensure that the vegetative cover is retained to
the maximum feasible extent. Since it is often the case that the'process of
development is much easier and less expensive with the absence of trees and
other vegetation, a vegetation survey enables local jurisdictions to more
fully evaluate the positive features of the site. In this way, important com-
munity resources can be preserved.
396
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NOTES
1. Charles A. Yelverton, "The Role of Local Governments in Urban Geology"
Environmental Planning and Geology in the Urban Environment, eds.
Donald R. Nichols and Catherine C. Campbell (Washington, D.C.: U.S.
Government Printing Office, 1971), pp. 80-81
2. Livingston and Blaney, Foothills Environmental Design Study, Report No. 3
to the City of Palo Alto, California, May 1970, "Public Costs Are Exten-
sive in Hillside Areas." Indeed, the report concludes, "... that over
a 20-year period the cummulative cost of city purchase of all land would
be less than the public cost for residential development averaging 2 or
4 units per acre. ..." (pp. 51.)
3. Don J. Easterbrook, Principles of Geomorphology (New York: McGraw-Hill,
1969), p. 225.
4. Easterbrook, p. 227.
5. For further reading on mass land movement and components of slope sta-
bility see Easterbrook, Chapter II.
6. For a more detailed consideration of erosion; types of erosion and pro-
cesses involved, see: Hugh Hammon Bennett, Soil Conservation (New York:
McGraw-Hill, 1939), Chapter 9.
397
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BIBLIOGRAPHY
Association of Engineering Geologists, Los Angeles Section. Environmental
Geology in Southern California, edited by Richard Lung and Richard Proctor.
Arcadia, California. October 1966 (reprinted 1969). 387 pp. figs., plates.
A compilation of the wealth of geological information about
Southern California for use by both geologists as well as such
interested laymen as planners, developers, and public administrators.
Detwyler, Thomas R. and Melvin G. Marcus and others. Urbanization and Envi-
ronment . Belmont, California. 1972.
Of interest in this work are the second and sixth chapters; "The
Geologic and Topographic Setting of Cities," and "Soil and the City."
The first considers the geologic landscape on which cities are built
and examines the criteria by which sites for cities are selected. It
also lists some of the problems that have arisen as a result of poor
choice. Chapter six is a similar consideration but relating speci-
fically to soil. It discusses erosion and siltation, degradation of
soil, and the results of improper siting of development, including
ground subsidence, landslides, earthquake damage, etc. There is a
final section on Soils and Planning which touches upon the idea that
consideration of soil and geologic characteristics will be necessary
to prevent unnecessary damage from natural hazards.
Easterbrook, Don L. Principles of Geomorphology. New York. 1969.
An excellent basic textbook on gemorphology, the study of the move-
ment of land and land masses of the earth. It includes discussions
of erosion, stream and hillside stability and geologic hazards. Well
illustrated and concise.
Flawn, Peter T. Environmental Geology; Conservation, Land-Use Planning, and
Resource Management. New York. 1970. 313 pp.
This book discusses the properties of the materials that make up the
earth and the processes that affect those materials with regard to
the presence of humans. There are chapters on the engineering pro-
perties of soil and the geological consequences of civilization and
industrialization. Chapter six, conservation and management, con-
siders proper mamagement of the environment and alternatives to
present practices.
Nichols, Donald R., and Catherine C. Campbell, Coeditors. Environmental
Planning and Geology, proceedings of the Symposium on Engineering Geology
398
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in the Urban Environment arranged by the Association of Engineering Geologists
for their October 1969 National Meeting in San Francisco. Published coopera-
tively by the Geological Survey, U.S. Department of the Interior and the
Office of Research and Technology/ U.S. Department of Housing and Urban Devel-
opment (Washington: U.S.G.P.O., December , 1971). 204 pp.
This is probably the most comprehensive treatment of the relationship
between geology and urban development yet produced. It includes a
wealth of information and ideas about the ways geological studies
can improve development and minimize hazards.
399
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DATA NEEDS AND TECHNICAL ASSISTANCE
Data needs for hillsides can be broken down into the following:
soil type, topography (degree of slope), geologic hazards, and hydrology.
Soil type and degree of slope are the major factors that determine
the potential for erosion on a hillside. The SCS soil survey maps available
for many counties indicate both the slope and soil type and classify the
land according to its use suitability. Although this' classification of
land into management groups is primarily concerned with agricultural use,
the maps do indicate the soils and slopes that should be left to natural
cover and wildlife use. The SCS surveys are available through the local
SCS people to help you evaluate them. (See Appendix E, page 512.)
In some areas of the country seismic zones, slumps, and slides are
common. You may want to check with the state geological survey or the U.S.G.S.
to find out if your community has any hazards associated with it. The geo-
logical survey hydrologists can also help you analyze the relationship of a
hillside to the watershed. (See Appendices G and H, pp. 517 and 518.) What
streams or wetlands will be effected by its erosion? How easily might it be
stabilized once erosion has occurred?
The vegetation of a hillside may represent a unique community; a north
facing slope may support plant species usually found much farther north, or
a prairie may occur on a southern slope. A plant and wildlife inventory by
SCS, Cooperative Extension Service, or state wildlife people might be useful
in determining the value of plant communities on the hillsides. (See Appendices
B and E, pp. 505 and 512.)
400
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A SELECTED LIST OF COMMUNITIES WITH HILLSIDE REGULATIONS
Anderson, Cali fornia
Planning Department
1887 Howard Street
Anderson, California 96007
Boise, Idaho
ADA Development Council
525 W. Jefferson
Boise, Idaho 83702
Claremont, California
City Planning Department
P.O. Box 232
Claremont, California 91711
Chula Vista, California
Department of Planning
276 Fourth Avenue
Chula Vista, California 92010
Colorado Springs, Colorado
City Planning Commission
Box 1575
Colorado Springs, Colorado 80901
Contra Costa County, California
Planning Commission
P.O. Box 951
Martinez, California 94553
Irvine, California
Planning Department
P.O. Box DZ
Irvine, California 92664
Kentucky-
Northern Kentucky Area Planning
Commission
P.O. Box F
llth and Lowell
Newport, Kentucky 41072
Los Gatos, California
Planning Department
P.O. Box 949
Los Gatos, California 95030
Oak Ridge, Tennesse
Planning Department
Municipal Building
Oak Ridge, Tennessee 37830
Pacifica, California
Planning Department
170 Santa Maria
Pacifica, California 94044
Palm Springs, California
Planning Department
3200 Tahquitz-McCallum Way
Palm Springs, California 92262
Phoenix, Arizona
Planning Department
801 Municipal Building
Phoenix, Arizona 85003
Pittsburgh, Pennsylvania
City Planning Department
Public Safety Building
Pittsburgh, Pennsylvania 15219
Red Wing, Minnesota
Red Wing Advisory Planning Commission
Red Wing, Minnesota 55066
Redwood City, California
Planning Department
P.O. Box 391
Redwood City, California 94064
Richmond, California
City Planning Department
City Hall, Civic Center
Richmond, California 94804
401
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Roslyn, New York
Planning Department
Town Hall
Roslyn, New York 11576
San Diego, California
Planning Department
City Administration Building
202 C Street
San Diego, California 92101
San Mateo, California
Department of City Planning
Civic Center
San Mateo, California 94403
Santa Barbara County, California
Planning Department
P.O. Drawer PP
Santa Barbara, California 93102
Santa Clara, California
Planning Department
1500 Warburton Avenue
Santa Clara, California 95050
Santa Fe, New Mexico
Planning Department
P.O. Box 909
Santa Fe, New Mexico 87501
Santa Rosa, California
Planning Department
P.O. Box 1678
Santa Rosa, California 95403
Thousand Oaks, California
Planning Department
401 W. Hillcrest Drive
Thousand Oaks, California 91360
Walnut Creek, California
Walnut Creek Community Development
Department
1445 Civic Drive
Walnut Creek, California 94596
Weber County, Utah
County Planning Department
County Building
Ogden, Utah 84401
West Covina, California
Planning Department
1444 W. Garvey Avenue
West Covina, California 91790
402
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Grading Regulations;
Allegheny County
Department of Planning
1500 Allegheny Building
429 Forbes Avenue
Pittsburgh, Pennsylvania 15219
Orange County, California
Planning Commission
400 Civic Center Drive West
Santa Ana, California 92701
Phoenix, Arizona
City Planning Department
801 Municipal Building
Phoenix, Arizona 85003
Palo Alto, California
Department of Planning and Community Development
250 Hamilton .Avenue
Palo Alto, California 94301
Portola Valley, California
Planning Department
Town Hall
Portola Valley, California 94025
San Francisco, California
Department of City Planning
100 Larking Street
Civic Center
San Francisco, California 94102
Tahoe, California
Tahoe Regional Planning Agency
P.O. Box 8896
South Tahoe, California 92502
403
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APPENDIX VHI-a—SLOPE DENSITY
EXCERPT FROM THE PACIFICA MUNICIPAL CODE
REGARDING: P-D REGULATIONS
H-D ORDINANCE
Article 22. Planned Development District (P-D)
Sec. 9-4.2201. Scope (P-D).
Subject to all other regulations set forth in this chpater, uses shall be
permitted and regulations shall apply in the Planned Unit Develpment District
(P-D) as set forth in this article. (Sec. 4.16, Ord. 363)
Sec. 9-4.2202. Purpose (P-D).
The purpose of the Planned Development District (P-D) is to allow diversifica-
tion of the relationships of various buildings, structures, and open spaces
in planned building groups, while insuring substantial compliance with the
district regulations and other provisions of this chapter, in order that the
intent of this chapter that adequate standards related to the public health,
safety, and general welfare shall be observed without unduly inhibiting the
advantage of large scale site planning for residential, commercial, or indus-
tiral purposes. The amenities and compatibilities of the P-D District shall
be insured through the adoption of a development plan and specific plans show-
ing proper orientation, desirable design character, and compatible land uses.
To this end, the use of the Planned Development District (P-D) is encouraged.
Sec. 9-4.2203. Uses permitted (P-D)
The uses permitted in the Planned Development District (P-D) shall be the uses
designated on the approved development plan; provided, however, in the event
such approved usage does not conform to the General Plan of the City, the
General Plan shall be amended to conform to the development plan simultaneously
with the amending of the zoning map classifying the parcel P-D.
(Sec. 4.162 (C), Ord. 363)
Sec. 9-4.2204. Development standards (P-D).
The following provisions shall apply .in the Planned Development District (P-D),
which district shall also be subject to the other provisions ci>f this chapter;
provided, however, where conflicts in regulations occur, the regulations set
forth in this section or in the development plan or specific plans approved
pursuant to the provisions of this section shall apply:
(a) Size. The minimum size of any parcel for which an application
for a P-D District shall be accepted shall be five (5) contiguous acres,
except as otherwise provided for the Hillside Preservation District in this
subsection. The entire parcel shall be in one ownership, or the application
404
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shall be made by, or with the written authorization for such action on
behalf of, all property owners concerned and the applicant, together with
a statement signed by interested owners that they agree to be bound by
the regulations and conditions which shall be effective within the district.
Any parcel of land, regardless of size, in the Hillside Preservation Dis-
trict (HPC) shall meet the requirements and provisions of the HPD regula-
tions, except as otherwise set forth in this chapter. The five (5) acre
minimum standard for P-D Districts shall not apply to the Hillside Preserva-
tion District.
(b) Other regulations. Regulations for area, coverage, density,
yards, parking, height, and open ground area for P-D District users shall
be governed by the regulations of the residential, commercial, or industrial
zoning districts most similar in nature and function to the proposed P-D
District uses as determined by the Commission and the Council. Regulations
for public improvements and subdivisions shall be governed by applicable laws
of the City. Exceptions to such regulations by the Commission and the Council
shall be permitted when the Commission and Council find that such exceptions
encourage a desirable living environment and are warranted in terms of the proposed
development, or units thereof, in accordance with the regulations and limita-
tions set forth in this article.
(Sec. 4.162(A) and (B), Ord. 363, as amended by Sec. 2, Ord. 69-C.S., eff.
December 27, 1972)
Sec. 9-4.2205. Development plans: Applications: Fees (P-D).
(a) Simultaneously with an application to classify a parcel to a
Planned Development District (P-D), the applicant shall submit a development
plan showing the area involved and/or a narrative containing the following
elements: -«•
(1) The circulation pattern, indicating both public and
private streets;
(2) All parks, playgrounds, school sites, public buildings,
open space, and other such uses;
(3) The land uses, indicating the approximate areas to be
used for various purposes, the acreage and percentage of total area in each
land use, the population densities, the lot area per dwelling unit (excluding
public street area), the percentage of area covered by buildings, and land
uses on adjacent parcels;
(4) A map showing the topography of the proposed district at
one foot contour intervals in areas of cross slope of less than five (5%) per-
cent, at two (21) contour intervals in areas of five (5%) percent through ten
(10%) percent cross slope, and at five (51) foot contour intervals in areas
exceeding ten (10%) percent cross slope;
(5) The following studies of the proposed development:
(i) An economic analysis in conformance with a form provided
by the City;
(ii) A market analysis for proposed commercial developments;
(iii) An environmental impact statement which shall include
the following major elements in conformance with an outline provided by the
City and the provisions of the Environmental Quality Act of the State (1970):
(aa) The environmental impact of the proposed action;
(ab) Any adverse environmental effects which cannot be
avoided if the proposal is implemented;
405
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(ac) Mitigation measures proposed to minimize the
impact;
(ad) Alternatives to the proposed action;
(ae) The relationship between local short-term uses of
man's environment and the maintenance and enhancement of long-term productivity;
and
(af) Any irreversible environmental changes which would
be involved in the proposed action 'should it be implemented;
(iv) A general list of price ranges (both sale and rental)
for proposed residential developments; and
(v) A geological analysis which shall contain an adequate
description of the geology of the site and conclusions and recommendations re-
garding the effect of geological conditions on potential grading, excavations/
street and utility improvements, and structures.
For any development proposal within the Hillside Preservation District
which is less than five (5) acres, the provsiions of subsections (i), (ii), and
(iii) of this subsection shall be required unless conditions warrant the waiver
of said provisions by the Commission; and
(6) A development schedule indicating the approximate data on which the
construction of the project can be expected to begin, the anticipated rate of
development, and the completion date. There shall also be included, if applicable,
a delineation of units or segments to be constructed in progression.
(b) Development plans and, thereafter, specific plans shall be approved by
the City before building permits may be issued for areas classified P-D for
which development plans have not been approved prior to the adoption of the provi-
sions of this chapter. The procedure for the approval of such plans shall be
as set forth in subsection (a) of this section and Section 9-4.2208 of this
article.
(c) Each application for the classification and/or approval of development
plans shall be accompanied by a fee as set forth in Article 37 of this chapter.
(Sec. 4.163, Ord. 363, as amended by Sec. 2, Ord. 69»-C.S., effective December
27, 1972)
Sec. 9-4.2206. Development plans; Hearings; Approval (P-D).
The Commission shall set a public hearing within forty-five (45) days after
the filing of any complete development plan application unless the Commission
otherwise receives a written request by the applicant to extend this time.
For any proposal within the Hillside Preservation District, the HPR Board shall
make its recommendation to the Commission within thirty (30) days after the
filing of any complete development plan application. The Commission, after
a public hearing, may recommend the establishment of a Planned Development Dis-
trict (P-D), and the Council, after a publie'hearing, may, by ordinance, es-
tablish a P-D District provided they find the facts presented at the hearings-
establish that:
(a) The proposed P-D District can be substantially completed within the
time schedule submitted by the applicant;
(b) Each unit of the development, as well as the total development, can
exist as an independent development capable of creating an environment of sus-
tained desirability and stability or adequate assurance that such, objectives
will be attained;
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(c) The land uses proposed will not be detrimental to the present or
potential surrounding uses but will have a beneficial effect which could not
be achieved through other districts;
(d) The streets and thoroughfares proposed are suitable and adequate to
carry anticipated traffic, and increased densities will not general traffic
in such amounts as to overload the street network outside the P-D District;
(e) Any proposed commercial development can be justified economically at
the location proposed and will provide adequate commercial facilities for the
area;
(f) Any exceptions from the standard district requirements are warranted
by the design of the project and amenities incorporated in the development
plan; and
(g) The area surrounding the development can be planned and zoned in
coordination and substantial compatibility with the proposed development, and
the P-D District uses proposed are in conformance with the General Plan of
the City or that changes in the General Plan are justified.
(Sec. 4.164, Ord. 363, as amended by Sec. 2, Ord. 69-C.S., eff. December 27, 1972)
Sec. 9-4.2207. Development plans; Denial: Approval with conditions (P-D).
(a) If, from the facts presented, the Commission or the Council is unable
to make the necessary findings, the application to establish a P-D District
shall be denied.
(b) The Commission may recommend disapproval of the development plan as
submitted or may recommend approval of such plan, subject to specified amend-
ments and modifications. No amendments or modifications to the development
plan shall be recommended or made without the consent of the applicant. If
the applicant does not agree to the suggested changes, the Commission shall
recommend disapproval of the development plan.
(c) The Commission shall not make a favorable recommendation to the Council,
nor shall the Council adopt an ordinance classifying a parcel P-D, without
first having approved the development plan.
(d) The approved development plan shall become a part of the zoning map, sub-
ject to the provisions of subsection (e) of this section, as provided in Sec-
tion 9-4.302 of Article 3 of this chapter. All modifications or amendments to
the development plan shall be made in accordance with the procedures set forth
for the amendment of this chapte. If, in the opinoin of the Commission or
the Council, the development in a P-D District is failing or has failed to
meet the requirements of the development plan, or any part thereof, the Com-
mission or Council may initiate proceedings to reclassify the property to another
zoning district.
(e) Development plans approved in accordance with the provisions of this
article shall become null and void if a specific plan, or the first of multi-
phase specific plans, is not filed with the Commission within one year after
the effective date of the ordinance adopting the approved development plan. The
provsions of this subsection shall be subject to reasonable extensions of
such time upon a showing by the applicant of extraordinary or uncontrollable
circumstances warranting such extensions.
(Sec. 4.165, Ord. 353, as amended by Sec. 2, Ord. 69-C.S., eff. December 27, 1972)
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Sec. 9-4.2208. Specific plans: Submission (P-D).
Prior to the issuance of a building permit in any parcel zoned P-D or within
a defined Hillside Preservation District, the owner or applicant shall submit
the following:
(a) A tentative subdivision map;
(b) Proposed landscaping plans;
(c) Proposed engineering plans, including site grading, street improve-
ments, drainage, and other public utilities, which plans shall be tentative
in nature, and their approval shall not be construed to mean that the plans
will constitute the final improvement plans for the subdivision. The City
Engineer, after detailed design studies, may require modifications and/or addi-
tional plans and specifications. Such additional requirements requested by
the City Engineer after the design studies may be made without a public hearing;
(d) For proposed developments within the Hillside Preservation District,
a proposed grading plan based on the following criteria:
(1) The front boundary;
(2) Streets;
(3) Lots;
(4) Storm drainage systems;
(5) Existing and proposed contours;
(6) Slope ratios for heavy grading;
(7) The location of easements for drainage;
(8) The location of benches on slopes;
(9) Retaining walls; and
(10) Cross-sections of critical slope areas.
Such grading plan shall be reviewed by the HPR Board in relationship to adopted
City policy on hillside grading;
(e) Proposed building plans, including floor plans and exterior elevations
indicating the treatment of surfaces;
(f) Proposed plans for recreational facilities;
(g) Proposed parking plans;
(h) Proposed plot plans, showing building locations on each lot,
building setbacks, and lot dimensions; and
(i) Where applicable, as a result of findings on site conditions and
detailed site planning, supplemental information or modifications to the en-
vironmental impact statement prepared pursuant to the provisions of subsection
(iii) of subsection (5) of subsection (a) of Section 9-4.2205 of this article.
(Sec. 4.166, Ord. 363, as amended by Sec. 2, Ord. 69-C.S., eff. December 27.
1972)
See* 9-4.2209. Specific plans; Hearings; Commission action (P-D).
(a) The Commission may approve, approve conditionally, or disapprove
the.specific plans as presented. No developments shall be permitted in any
P-D District, or any unit thereof, until the specific plans for such district,
or unit thereof, have been approved or approved conditionally by the Commisssion.
(b) Prior to taking action on the specific plans submitted, the Com-
mission shall conduct a public hearing in accordance with the procedures set
forth in Section 9-4.3303 of Article 33 of this chapter.
(c) The owner or developer may submit specific plans for a portion or
unit of the parcel zones P-D provided the development, plan indicated the inten-
tion of the development of such parcel by units and established a time schedule
for such development. (Sec. 4.167, Ord. 363).
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Section 9-4.2210. Modification of regulations (P-D)
(al Regulations for lot area, coverage, density, yard requirements,
parking, building, height, fences, and landscaping for P-D Districts shall
be as for the residential, commercial, or other zoning district most similar
in nature and function to the proposed P-D District land uses, as determined
by the Commission.
Such regulations may be modified, as provided in subsection (b) of
this section, in any P-D District when the following conditions have been
determined by the Commission to exist:
(1) There is improved site design utilizing progressive concepts
of building groupings;
(2) Provision :has been made for substantial usable open space
(maximum slope ten (10%) percent) for the use of the occupants of the area
or the general public;
(3) The insightliness of cut and fill areas has been reduced by
the planting of trees, shrubs, and ground overs;
(4) A better community environment or improved public safety has
been created by the dedicationof public areas or space; and
(5) Utility and all other service distribution lines will be put
underground.
(b) Upon making the findings set forth in subsection (a) of this section,
the regulations set forth in said subsection (a) may be modified up to the
following limits:
(1) For each square foot of reduction in lot size, equal amounts
of land shall be dedicated to the City and be improved for open spaces for
park, recreation, and related uses to be permanently set aside for the private
recreational use of the development under a plan which will assure the City of
the continued availability of such land and the development and maintenance there-
of for the purpose proposed.
(2) Front, side, and rear yards may be reduced to zero; provided
however, where single-family dwellings are proposed and where no side yards are
proposed (row houses), there shall be no more than five (5) dwelling units in
any contiguous group. In such cases, the rear yard depths shall be twenty-five
(25')feet except where the lot or lots abut a park or open space.
(3) The reduction of public rights-of-way and/or the requirement
for the installation of sidewalks may be made subject to the requirement of
providing comparable open space, as set forth in subsection (1) of this sub-
section.
(4) The gross population density and building intensity of any
area proposed for development shall remain unchanged and conform to the basic
overall density and building intensity requirements of the '.zoning district
most closely conforming to the proposed development, as determined by the
Commission. However, lot dimensions, building setbacks, and areas shall not
be required to meet the specific requirements of this chapter provided a more
functional and desirable use of the property is made.
(5) Height limitations may be removed, permitting high-rise
construction, provided such additional stories of dwelling structures shall not
increase gross population densities set forth in the approved developiBe.nt33la.ii and
such heights shall mean appropriate reduction in building coverage and adherence
to the objectives set forth in this section and in Section 9-4.2252 of Article
22.5 of this chapter.
(Sec. 4.168, Ord. 363, as amended by Sec. 2, Ord. 69-C.S., eff. December 27, 1972)
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Sec. 9-4.2211^ Grading and excavation permits (P-D).
No grading or excavation permit shall be issued by the City for any location
in a P-D District or Hillside Preservation District unless the permit has
the approval of the Director of Community Development and the City Engineer
who shall ensure that the issuance of the permit will not result in effects
inconsistent with the purposes of this article or Article 22.5 of this chapter
if such P-D District falls within the defined HPD. For a P-D District within
the HPD District, the Director of Community Development and the City Engineer
may, at their discretion, refer the permit to the HPR Boarld for its review.
Approval of the.permit shall be contingent upon the following conditions:
(a) The grading plan and work shall be directly related to an approved
specific plan.
(b) Any grading and excavation shall be necessary for the establishment
or maintenance of an approved specific plan.
(c) The design, scope, and location of the grading and excavation will
cause minimum disturbance of the terrain and natural features of the land
commensurate with the purpose of the grading and excavation work.
(d) All persons performing any grading and excavation operation
shall put into effect all necessary safety precautions to minimize erosion,
protect any watercourses and other natural features, protect the health and
welfare of all persons, and protect private and public property from damage
of any kind.
(e) The City shall place certain conditions on time limits and necessary
site restoration, and shall undertake measures to assure fulfillment of such
conditions, for any grading and excavation work.
(Section 2, Ord. 69-C.S., eff. December 27, 1972)
Article 22.5 HILLSIDE PRESERVATION DISTRICT (HPD)
Sec. 9-4.2250. Intent; Designation of Zoning Section Maps (HPD).
It is the intent of the Hillside Preservation District to place special con-
trols on any proposed developments, public or private, within hillside areas
of the City in order to:
(a) Preserve and enhance their use as a prime resource;
(b) Help protect people and property from potentially hazardous
conditions due to grades and geology;
(c) Assure that any development be economically sound; and
(d) Encourage innovative design solutions.
The Hillside Preservation Distric.t is shown by the shaded areas on the
Zoning Section Maps made a part of this chapter and shall be considered as an
overlay district to the zoning districts incorporated within. In cases of
conflict between such zoning districts and the overlay, Hillside Preservation
District, the provisions of this article for the Hillside Preservation District
shall prevail.
(Sec. 1, Ord. 69-C.S., eff. December 27, 1972)
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Sec. 9-4.2251. Hearings and notices (HPD)
For any public hearing under the provisions and regulations of this article,
the Commission shall give notice thereof by at least one publication in a
newspaper of general circulation, published and circulated within the City,
at least ten (10) days prior to such hearing and by mailing a postal card
notice not less than ten (10) days prior to the date of the hearing to the
owners of the property directly affected, and within a radius of 300 feet of
the exterior boundaries of property directly affected, using for such purpose
the last known name and address of such owners as shown upon the assessment roll
of the County. The failure of any owner to receive such notice shall not in-
validate the hearing proceedings.
(Sec. 1, Ord. 69-C.S., eff. December 27, 1972)
Sec. 9-4.2252. Purpose (HPD)
It shall be the purpose of the Hillside Preservation District to promote the
following City objectives which shall be considered as guidelines:
(a) To maximize choice in types of environment available in the City
and particularly to encourage variety in the development pattern of the hill-
sides ;
(b) The concentration of dwellings and other structures by clustering
and/or high rise should be encouraged to help save larger areas of open space
and preserve the natural terrain;
(c) To use to the fullest current understanding of good civic design,
landscape architecture, architecture, and civil engineering to preserve, en-
hance, and promote the existing and future appearance and resources of hillside
areas;
(d) To provide density and land use incentives to aid in ensuring the
best possible development of the City's natural features, open space, and
other landmarks;
(e) To encourage the planning, design, and development of building
sites in such a fashion as to provide the maximum in safety and human enjoyment
while adopting development to, and taking advantage of, the best use of the
natural terrain;
(f) To preserve and enhance the beauty of the landscape by encouraging
the maximum retention of natural topographic features, such as drainage swales,
streams, slopes, ridge lines, rock-out-croppings, vistas, natural plant forma-
tions, and trees;
(g) To prohibit, insofar as is feasible and reasonable, padding or
terracing of building sites in the hillside areas;
(h) To provide a safe means of ingress and egress for vehicular and
pedestrian traffic to and within hillside areas while at the same time minimizing
the scarring effects of hillside street construction;
(i) Utility wires and television lines shall be installed underground;
(j) Outstanding natural physical features, such as the highest crest
of a hill, natural rock-out-croppings, major tree belts, etc., should be
preserved;
(k) Roads should follow natural topography wherever possible to minimize
cutting and grading;
(1) Imaginative and innovative building techniques should be encouraged
to create buildings suited to natural hillside surroundings; and
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(m) Detailed and effective arrangements shall be formulated for the
preservation, maintenance, and control of open space and recreational lands
resulting from planned unit development.
(Sec. 1, Ord. 69-C.S., eff. December 27, 1972)
Sec. 9-4.2253. Hillside Preservation Review Board (HPR Board)
(a) Established. There is hereby established a Hillside Preservation
Review Board for the City.
(b) Membership: Appointment. The Hillside Preservation Review Board
shall consist of seven (7) members: two (2) registered architects; at least,
but not limited to, two (2) persons who are expertise in any of the following
fields: landscape architecture, civil engineering, geology, biology, real
estate, or similar applicable areas of expertise; and three (3) citizens of
the City representing the public at large. If it is not possible to fill the
member positions of the architects and/or other fields of expertise, these
positions shall be assumed by citizens at large. All members shall be
appointed by the Mayor with the approval of the Council.
(c) Membership: Terms: Vacancies. Of the members of the Hillside
Preservation Review Board first appointed, one shall serve for a term of one
year, two (2) shall serve for a term of two (2) years, two (2) shall serve for
a term of three (3) years, and two (2) shall serve for a term of four (4)
years. Vacancies shall be filled by appointment for the unexpired portion of
the term. The members first appointed shall draw lots to determine their
individual terms under the staggered terms set forth in this subsdction.
(d) Member ship; Terms; Limitations. All appointees to the Hillside
Preservation Review Board shall serve not more than two (2) full consecutive
terms on the Hillside Preservation Review Board and in no case more than
eight (8) years.
(e) Membership; Appointment to other boards, committees, and commissions.
Any appointee to the Hillside Preservation Review Board affected by the provi-
sions of subsection (d) of this section may be appointed, upon the expiration
of his term, to any other board, committee, or commission.
(f) Membership; Removal. The provisions of this article shall not be
construed to limit the power of hte Council to remove any appointee to the
Hillside Preservation Review Board by three (3) affirmative votes of the
Council.
(g) Membership: Reappointinent. Any appointee, upon the expiration of
one year from the termination of his term, may be reappointed to the Hillside
Preservation Review Board for not to exceed two (2) full additional consecutive
terms.
(h) Purpose; Hillside Preservation Review Board. The HPR Board shall:
(1) Review and recommend to the Commission on all phases of hill-
side preservation and development policies as provided in Section 9-4.2252 of
this article;
(2) Assist the staff in evaluating HPD development proposals;
(3) Review and conduct open meetings with the developer concerning
such proposals at which the public is urged to participate; and
(4) Provide liaison with the Commission on HPD policies and
proposals.
Sec. 1, Ord. 69-C.S., eff. December 27, 1972)
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Sec. 9-4.2254. Scope (HPD).
Subject to all other regulations set forth in this chapter, uses shall be
permitted and regulations shall apply in the Hillside Preservation District
as set forth in this article.
(Sec. 1, Ord. 69-C.S., eff. December 27, 1972)
gee. 9.4.2255. Uses permitted (HPD).
The uses permitted in the Hillside Preservation District shall be the uses
designated on the approved development plan of the applicant and as such
uses are consistent with appropriate and '.applicable elements of the adopted
General Plan of the City, such as, but not necessarily limited to, land use,
housing, open space, parks and recreationa, conservation, transportation,
seismic safety, and any subsequent additions and changes to the General Plan
and its elements as may be adopted by the City from time to time.
(Sec. 1, Ord. 69-C.S., eff. December 27, 1972)
Sec. 9.4.2256. Development procedures and standards (HPD).
Applicants of any development proposal within the Hillside Preservation Dis-
trict shall pursue the procedures and standards set forth for the P-D District,
specifically Sections 9-4.2204 through 9-4.2211 of Article 22 of this chapter,
as now enacted or hereafter amended. Public agencies including special dis-
tricts, proposing developments and improvements on their lands within the HPD
in conjunction with the uses and activities for which such lands are held shall
be exempt from pursuing a P-D classification, but such developments and improve-
ments shall adhere to the objectives of the HPD and specifically to the standards
set forth in Sections 9-4.2258 of this article.
(Sec. 1, Ord. 69-C.S., eff. December 27, 1972)
Sec. 9-4.2257. Grading control (HPD).
No land over thirty-five (35%) percent slope prior to grading shall be developed
except at the specific discretion of the City and taking into consideration
the recommendations of the Hillside Presrvation Review Board and wher e it can
be shown that a minimum amount of development is in the spirit of, and not in-
compatible with, the objectives of this article. In no case shall restrictions
be placed which result in.the use of such lands being unreasonably withheld.
The following formula indicates those mi-nimum percentages of the ground
surface of a site which shall remain in a natural state (no cut or fill, but
including recreation and landscape areas), or be developed solely for recrea-
tional purposes, based on the average percent slope of the parcel in question
after the deduction of land over thirty-five (35%) percent slope. Access streets
and driveways, but not including parking areas, may be given credit toward
inclusion in the.definition of "natural state" described above where it may
be deemed beneficial to the City or where it can be shown that location and
alignment requiring extensive runs of such streets and driveways cannot other-
wise be practically altered.
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The following formula is an acceptable method of determining average
slope:
S = 0.00229 I L
A
Where S = Average percent slope of site, after deducting any
portion of site of over 35% slope
I = Contour interval, in feet
L = Summation of length of contours, in feet
A = Area in acres of parcel being considered..
The minimum percent of site to remain in a natural state (no cut
or fill but including recreation and landscape areas), or be developed
solely for recreational purposes> shall be based on the following relation-
ship:
U = 30 + (S - 5)2
Where U = Percent of site to remain in condition as described above
S = Average percent slope of site, after deducting any
portion of site of over 35% slope.
The following represents a graphic illustration of this formula:
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In areas where the slope exceeds thirty-five (35%) percent and some
development of such areas is deemed acceptable by the City, at least ninety
(90%) of such lands should remain in uncovered area as described above, unless
such restriction based on the topography would be confiscatory.
Notwithstanding the requirements for the minimum percent of the site
shall remain in a natural state or be developed for/ recreational purposes, it
is recommended that a minimum of 100 square feet of usable recreational open
space, as defined in Section 9-4.280 of Article 2 of this chapter, be provided
for each dwelling unit. (Sec. 1, Ord. 69-C.S., eff. December 27, 1972)
Sec. 9-4.2258. Minimum street standards (HPD).
Minimum street standards in the Hillside Preservation District shall be as
follows:
(Sec. 1, Ord. 69-C.S., eff. December 27, 1972)
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Sec. 9-4.2259. Parking requirements (HPD).
Parking in the Hillside Preservation District shall be provided
off-street, and in no cases may parking;lanes be provided except as approved
in a development plan. The intermittent widening of streets for emergency
parking and turnarounds at convenient places shall be encouraged.
The following on-site parking standards shall be the minimum acceptable
for residential units within hillside areas. The City may require more parking
where topography, special traffic, building, grading, or other circumstances
warrant it. The uncovered parking spaces may include areas such as driveways
outside garages or carports and off-street parking bays, except that each re-
quired space shall be accessible at all times.
(a) Single-family detached dwelling units. Two (2) covered spaces,
plus two (2) uncovered spaces. The uncovered spaces may be ^incorporated within
a parking area shared by spaces for other units; provided, however, in no case
shall the total number of spaces so located together be less than the same of
the separate requirements for each unit and shall be locatdd no farther than
100 feet from each dwelling unit entrance.
(b) Two and multiple-family dwelling units. For each dwelling
unit, one covered space, plus one-half (1/2) uncovered space for each bedroom
more than one in each unit. In cases where a one-half (1/2) space occurs in
a total figure, the standard shall be increased to the next whole figure.
(c) Guest spaces. In addition to the standards set forth in sub-
sections (a) and (b) of this subsection, a minimum of one guest space shall be
provided for every ten (10) dwelling units, or fraction thereof.
(Sec. 1, Ord. 69-C.S., eff. December 27. 1972)
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APPENDIX Vlll-b—SOILS OVERLAY
EXCERPT
SOILS OVERLAY - MINE HILL. NEW JERSEY
8.600 CONSTRAINTS ON DEVELOPMENT BY SOIL TYPE
8.610 Purpose and Objective
The purpose of this section is to prevent inappropriate develop-
ment from taking place in Mine Hill Township in those areas
characterized by certain soil types, slopes and water levels
without proper corrective action if possible. Inappropriate
development in these areas increase soil erosion and sedimentation
thereby intensifying flooding by clogging drainage structures.
Sedimentation reduces reservoir life and destroys the recreational
use of water bodies.
Inappropriate development on'certain soils permits the introduc-
tion of toxic materials into water aquafiers and encourage
pollution. It destroys ecological and natural resources to the
detriment of the Township and region. It requires expenditures
of public funds to correct deficiencies. Inappropriate develop-
ment destroys the taxable value of property by causing damage to
the environmental character of the land.
8.620 Soils Map and Other Data
The Soil Survey Map of the Morris County Soil Survey shall govern
as to the type of soil in a particular area. Applicant shall
submit current soil Logs and topographic surveys to support de-
velopment proposals or to update Soil Survey data.
8.630 Soil Limitations
Soil limitations by soil code is contained in Schedule V following:
SCHEDULE V
Soil Code Problems and Development Limitations
0131/A-12 Unbuildable, flood plain
1017/BC-15 Moderate erosion, severe limitations on ponds and athletic
fields
1017/D-15 Unbuildable, slopes in excess of 15 percent
101B/BC-15 Moderate erosion, severe limitations on ponds, athletic
fields, woods and grading
101B/D-15 Unbuildable, slopes in excess of 15 percent
101B/EF-15 Unbuildable, slopes in excess of 25 percent
101R/EF-15 Unbuildable, slopes in excess of 25 percent
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Soil Code
1317/B-12
1317/C-3
1317/C-12
1317/D-12
1417/B-12
1427/B-12
1X37/B-12
1X29/B-15
1X29/C-15
1X39/B-15
1X39/C-15
2X19/BC-15
2X19/D-15
2X19/EF-15
B313/B-12
B323/B-12
B233/A-12
U21N/B
Z21N/B
Z21N/D
Z21N/C-12
Z23/B
Problems and Development Limitations
No specific problems
Severe erosion; special soil erosion and sedimentation
controls required
Moderate problems generally, severe limitations on ponds,
parking areas, athletic fields
Unbuildable, slopes in excess of 15 percent
No specific problems
Poor drainage, high water table, brief ponding, generally
severe development problems
Same as above with occasional flooding, generally severe
development problems
Poor drainage, brief ponding, moderate erosion problems,
low density of development
High erosion problems, generally severe development
problems
High water table, brief ponding, generally severe de-
velopment problems
Same as above
Extremely rocky, generally severe development problems
Unbuildable, slopes in excess of 15 percent
Unbuildable, slopes in excess of 25 percent
No specific problem
High water table, brief ponding, generally moderate
development problems
Very high water tables, severe development problems
Generally moderate development problems
No data available, requires individual analysis
Unbuildable, slopes in excess of 15 percent
No data available, requires individual analysis
No data available, requires individual analysis
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8.640 Application of Schedule V
Applicants shall not place structures or construct improvements on
those lands indicated in Schedule V as unbuildable. Areas indi-
cated as having severe development problems should be avoided
unless corrective action is indicated such as soil erosion and
sedimentation control measures, storm drainage systems, rip-rap
and retaining walls, fill,excavations and other appropriate
improvements.
Applicants for PUD, GA, commercial or industrial development,
and major subdivisions of single-family homes may develop to the
permitted density and coverage using good design techniques such
as clustering to avoid development on soils indicated as unsuitable
for development or having severe problems in Schedule V.
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APPENDIX VIII-c—GUIDING PRINCIPLES
DRAFT
ALTERNATIVE #1
BOISE, IDAHO PROPOSAL
PURPOSE:
The purpose of this ordinance shall not be to preclude .development but to
ensure that development enhances rather than detracts from or ignores the
natural topography, resources and amenities of the hillsides. To this end,
the following points shall serve as a basis for evaluating all hillside de-
velopment proposals.
1. All development proposals shall strive for maximum retention of the
natural morphological features and qualities of the site and develop-
ment shall seek to enhance these natural features and qualities.
2. All development proposals shall take into account and shall be judged
by the application of current understanding of land use planning, soil
mechanics, engineering geology, hydrology, civil engineering, environ-
mental and civic design, architecture and landscape architecture in hill
areas. Such current understanding includes but is not limited to:
a. Planning of development to fit the topography, soils, geology, hydrology
and other conditions existing on the proposed site;
b. Orienting development to the site so that grading and other site
preparation is kept to an absolute minimum;
c. Shaping of essential grading to compliment the natural land forms
and prohibiting all successive padding and/or terracing of building
sites;
d. Developing large tracts in workable units on which construction can
be completed within on construction season so that large areas are
not left bare and exposed during the winter-spring runoff period;
e. Accomplishing all paving as rapidly as possible after grading;
f. Allocating to open space and recreation uses those areas not well
suited to development, as evidenced by competent soils, geology and
hydrology investigations and reports;
g. Landscaping of areas around structures and blending them with the
natural landscape;
h. Placement, grouping and shaping of man-made structures to complement
one another and the natural landscape, providing visual interest,
and creating a "sense of place" within the development;
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i. Demonstrating a concern for the view of the hills as well1" as the
view from the hills;
j. Use of a variety of housing types in residential areas to permit steep
slopes, wooded areas, and areas of special scenic beauty to be pre-
served as scenic easements, through the use of density tranfers;
such alternatives may include attached dwellings apartments and con-
donominiums, residential clusters and groups of various housing types;
k. Special consideration in the design of such visual elements as street
lighting, fences, sidewalks, pathways and other street "furniture" to
enable maximum identity and uniqueness of character to be built into
each development;
1. Minimizing disruption of existing plant and animal life.
1.03 SPECIAL REQUIREMENTS AND DESIGN STANDARDS;
1. Project Engineer
To ensure the necessary coordination of manpower and technical data,
the developer' shall retain a professional engineer registered in the
State of Idaho, to serve as the project engineer.
a. It shall be the responsibility of the project engineer:
i. To prepare a grading plan (see Section 12.036);
ii. To incorporate into the grading plan all recommendations
contained in the soils, geology and hydrology reports
(see sections 12.032-12.034);
iii. To inspect and certify all grading operations within
his area of technical specialty;
iv. To act as coordinating agent if the need arises for liaison
between other prof essionals, the developer and the Commission;
v. To prepare any revised plans and to submit to the Commission
as-graded grading plans upon the competion of the plan.
b. Prior to and during grading operations, all necessary reports,
compaction data, soils, geology and hydrology recommendations
shall be submitted to the project engineer and to the Commission;
c. If, in 'the course of fulfilling their responsibilities, the
project engineer, soils engineer, geologist or hydrologist dis-
covers that the work is being accomplished to a substantially
lesser standard than required by this Ordinance or by the approved
final grading plan, the discrepancy, if not corrected within
a reasonable time shall be reported immediately, in writing, to
the project engineer and to the Commission. Recommendations for
corrective measures, if applicable, shall be submitted;
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d. If the project engineer, the soils engineer, the geologist
or the hydrolegist of record is changed during the course
of the work, the work shall be stopped until the placement
has agreed to accept the responsibility for certification of
the work within the area of his technical competenence.
2. Soils Report
a. Any area proposed for development shall be investigated to
determine the soil characteristics, and a soils engineering
report shall be submitted with every application. This report
shall include data regarding the nature, distribution and
strength of existing soils, conclusions and recommendations for
grading procedures, design criteria for corrective measures, and
opinions and recommendations covering the adequacy of sites to
be developed;
b. The investigation and subsdquent report shall be completed and
presented to the Commission by a professional engineer registered
in the State of Idaho, and experienced and knowledgeable in the
practice of soils mechanics;
c. Recommendations included in the report and approved by the
engineer shall' be incorporated into the design plan or specifica-
tions ;
d. Any area which presents one or more of the following limiting
factors shall not be subjected to development unless the engineer
can demonstrate conclusively to the Commission that these limita-
tions can be overcome in such a manner as to prevent hazard to
life, hazard to property, adverse affects on the safety, use or
stability of a public way or drainage channel, and adverse impact
on the natural environment;
i. Water table within six (6) feet of the surface at any time
of the year;
ii. Natural slopes greater than 15 percent;
iii. Soils with a high shrink-swell potential, that is, soils
where the co-efficient of linear extensibility (COLE) is
equal to or greater than 0.06, or where the Potential
Volume Change (PVC) (as used by the Federal Housing Ad-
ministration) is equal to or greater than 4;
iv. Soils with, a Unified classification of CH, MR, OLf OH,
or PT.
3. Geology Report
a. Any area proposed for development shall be investigated to determine
its geological characteristics and a geology report shall be submitted
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with every application. This report shall include an adequate
description, as defined by the Commission, of the geology, of
the site, conclusions and recommendations regarding the effect
of geologic conditions on the proposed development, and opinions
and recommendations :of the adequacy of the sites to be developed.
b. The investigation and subsequent report shall be completed and
presented to the Commission by a professional geologist registered
in the State of Idaho, and experienced and knowledgeable in the
practice of engineering geology;
c. Any area in which the investigation indicates geological hazards
shall not be subjected to development unless the geolgoist can
demonstrate conclusively to the Commision that these hazards can
be overcome in such a manner as to prevent hazard to life or limb,
hazard to property, adverse affects on the safety, use or stability
of a public way or drainage channel, and adverse impact on the
natural environment.
4. Hydrology Report
a. Any area proposed for development shall be investigated to determine
its hydrological characteristics, and a hydrology report shall be
submitted with every application. This report shall include an ade-
quate description, as defined by the Commission, of the hdryology of
the site, conclusions and recommendations regarding the effect of
hydrologic conditions on the proposed development, and opinions and
recommendations covering the adequacy of sites to be developed;
b. The investigation and subsequent report shall be completed and presented
to the Commission by a qualified registered professional experienced
and knowledgeable in the science of hydrology and in the techniques
of hydrologic investigation;
c. Any area in which the investigation indicates hydrological hazards
shall not be subjected to development unless the developer can demon-
strate conclusively to the Commission that these hazards can be over-
come in such a manner as to prevent hazard to life or limb, hazard
to property, adverse affects on the safety, use of stability of a
public way or drainage channel, and adverse impact on the natural
environemnt;
d. Flood frequency curves shall be provided for the area proposed for
development.
5. Hydrologic Controls
If the developer can demonstrate conclusively to the Commission that any
of the following requirements, "a" through "1", are not necessary in the
proposed subdivision and that the omission of such requirement(s) would
not result in hazard to life or limb, hazard to property, adverse affects
on the safety, use or stability of a public way or drainage channel or
adverse impact on the natural environment, the Commission may waive those
particular requirements.
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a. Interceptor ditches shall be established above all cut/fill
slopes and the intercepted water conveyed to a stable channel
or natural drainageway with adequate capacity;
b. Curb, gutter and pavement design shall be such that water on road-
ways is prevented from flowing off the roadway in an uncontrolled
fashion;
c. Natural drainageways shall be riprapped or otherwise stabilized
below drainage and culvert, discharge points for a distance suffi-
cient to convey the discharge without channel erosion;
d. Runoff from areas of concentrated impervious cover (e.g., roofs,
driveways, roads) shall be collected and transported to a natural
drainge with sufficient capacity to accept the discharge without
undue erosion;
e. Waste material from construction, including soil and other solid
materials, shall not be deposited within the 100 year flood plain;
f. Drainageways, or hydrologically related structures in major water-
ways (major waterways defined as draining an area of ten acres or
more) shall be designed for the 100 year exceedance interval; in
minor waterways (minor waterways defined as draining an area of
less than ten acres) they shall be designed for the 25 year ex-
ceedence interval;
g. With the exception of unavoidable raod crossings, approved drainage
structures, recreation and open space uses which do not involve the
destruction of vegetal cover, development shall not be prohibited
within the 100 year exceedence interval flood plain for major water-
ways, and the 25 year exceedence interval .fflood plain for minor
waterways;
h. Sediment catchment ponds shall be constructed and maintained down-
stream from each development, unless sediment retention facilities
are otherwise provided;
i. The overall drainage system shall be completed and made operational
at the earliest possible time during construction;
j. Alterations of major drainageways shall be prohibited except for
approved road crossings and drainage structures;
k. Natural or improved open channel drainageways shall be preserved or
provided for in major waterways. Only minor waterways shall be
permitted to be enclosed in conduits., except for road crossings;
1. The Commission shall reserve the right to install hydrological
measuring devices in drainageways within any development, at public
expense.
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6. Grading
a. A grading plan shall be submitted with each application and shall
include the following information:
i. All information required by this Ordinance;
ii. Details and contours (5 foot intervals) of property:
iii. Details of terrain and area drainge;
iv. Location of any existing buildings or structures on the
property where the work is to be performed, the location
of any existing buildings or structures on land of adjacent
owners which are within one hundred (100) feet of the
property or which may be affected by the proposed grading
operations, and proposed or approximate locations of structures
relative to adjoining topography;
v. The direction of drainge flow and the approximate grade of
all streets. (Not to be construed as a requirement for final
street design);
vi. Limiting dimensions, elevations or finish contours to be
achieved by the grading, including all cut and fill slopes,
proposed drainage channels and related construction;
vii. Detailed plans and locations of all surface and subsurface
drainge devices, walls, dams, sediment basins, storage reser-
voirs and other protective devices to be constructed with, or
as a part of, the proposed work, together with a map showing
drainage area, the complete drainage network, including out-
fall lines and natural drainageways which may be affected by
the proposed development and the estimated runoff of the area
served by the drains;
viii. A description of methods to be employed in disposing of soil
and other material that is removed from the grading site, in-
cluding the location of the disposal site;
ix. A schedule showing when each stage of the project will be com-
pleted, including the total area of soil surface which is to
be disturbed during each stage, and estimated starting and
completion dates; the schedule shall be drawn up to limit to
the shortest possible period the time that soil is exposed and
unprotected. In no event shall the existing ("natural")
vegetation ground cover be destroyed, removed or disturbed
more than 15 days prior to grading or construction of required
improvements.
c. The grading plan shall be prepared by a professional engineer registered
in the State of Idaho who shall also serve as the overall project
engineer;
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d. The Commission may require that grading operations and/or project
designs be modified if delays occur which incur weather generated
problems not considered at the time approval was granted;
e. The Commission may require on-site inspections at any point during
the development period to ascertain compliance with the approved
grading plan and the applicable provisions of this ordinance.
1.04 DEVELOPMENT STANDARDS;
This section shall apply to all construction other than roadways.
1. No grading, filling, clearing or excavation of any kind shall be
initiated until the final grading plan is formally approved by the
Commission;
2. Fill areas shall be prepared by removing organic material, such
as vegetation and rubbish, and any other material which is determined
by the soils engineer to be detrimental to proper compaction or other-
wise not conducive to stability; no rock or similar irreducible
material with a maximum dension greater than 8 inches shall be used
as fill material in fills that are intended to provide structural
strength.
3. All retaining walls or facings with a total vertical projection in
excess of 3 feet and associated with cut or fill surfaces shall be
designed as stuctural members keyed into stable foundations and
capable of sustaining the design loads.
If the developer can demonstrate conclusively to the Commission that
any of the following requirements are not necessary in the proposed
subdivision and that the omission of such requirements would not
result in hazard to life or limb, hazard to property, adverse effects
on the safety, use or stability of a public way or drainage channel,
or adverse impact on the natural environment, the Commission may waive
those particular requirements;
4. Fills shall be compacted to at least 95% of maximum density, as de-
termined by AASHO T99 and/or ASTM D698;
5. Natural or constructed slopes in excess of 15% shall not be subjected
to development;
6. Cut slopes shall be no steeper than two (2) horizontal to one (1)
vertical; subsurface drainage shall be provided as necessary for
stability;
7. Fill slopes shall be no steeper than two C2) horizontal to one (1)
vertical; fill slopes shall not be located on natural slopes :2:1 or
steeper, or where fill slope toes out within 12 feet horizontally of
the top of an existing or planned cut slope;
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8. Tops and toes of cut and fill slopes shall be set back from property
boundaries a distance of 3 feet plus one-fifth of the height of the
cut or fill but need not exceed a horizontal distance of 10 feet;
tops and toes of cut and fill slopes shall be set back from structures
a distance of 6 feet plus one-fifth the height of the cut or fill,
but not exceed 10 feet;
9. Borrowing for -if ill shall be prohibited unless the material is obtained
from a cut permitted under an approved grading plan obtained for some
purpose other than to produce fill material, or imported from outside
the hillside areas within Ada County;
1.05 ROADWAYS:
Ada County Highway District standards, with certain additions and modifi-
cations, shall apply to all roadways constructed under this Ordinance.
Those additions and modifications are as follows:
1. No grading, filling, clearing or excavation of any kind shall be
initiated until the final roadway grading plan is formally approved
by the Commission and the Ada County Highway District;
2. Fill areas shall be prepared by removing organic material, such as
vegetation and rubbish, and any other material which is determined
by the soils engineer to be detrimental to proper compaction or
otherwise not conductive to stability;
3. All retaining walls or facings with a total vertical projection in
excess of 3 feet and associated with cut or fill surfaces shall be
designed as structural members keyed into stable foundations and
capable of sustaining the design loads;
4. Borrowing for fill shall be prohibited unless the material is obtained
from a cut permitted under an approved grading plan, or imported from
outside the hillside areas within Ada County;
5. Roads shall be designed to create the minimum feasible amounts of
land coverage and the minimum feasible disturbance to the soil;
6. Existing vegetation of the deep-rooted perennial variety shall be
preserved to the greatest extent possible in the location of roads.
Road alignment should follow natural terrain and no unnecessary cuts
or fills shall be allowed in order to create additional lots or
building sites;
7. Variations in rights-of-way standards shall be permitted to prevent
the dedication of unnecessarily large parcels of land;
8. Variations in road design and road construction shall be permitted in
order to keep grading and cut-fill slopes to a minimum;
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9. Roads shall not exceed two (2) lanes with a traveled way which
shall not exceed thirty-two (32) feet in width, exclusive of on-
street parallel parking bays as allowed under Section 12.06, 4;
10. One-way streets shall be permitted and encouraged where appropriate
for the terrain and where public safety would not be jeopardized.
The traveled way shall not exceed sixteen 16) feet in width, exclusive
of on-street parallel parking bays as allowed under Section 12.06, 4;
11. The width of the graded section shall extend three (3) feet beyond
the curb back or edge of pavement on both the cut and fill sides of
the roadway. If sidewalk is to be installed parallel to the roadway,
the graded section shall be increased by the width of the sidewalk
plus one foot beyond the curb back.
12. Standard vertical curb (six inches) and gutter shall be installed
along both sides of all paved roadways;
13. A pedestrian way plan shall be required in all developments. The
location and design shall require the approval of the Commission and,
where appropriate, the Ada County Highway District.
If the developer can demonstrate conclusively to the Commission and
the Ada... County Highway District that any of the following require-
ments are not necessary in the proposed subdivision and that the
omission of such requirements would not result in hazard to life or
limb, hazard to property, adverse affects on the safety, use or
stability of a public way or drainage channel, or adverse impact on
the natural environment, the Commission may waive those particular
requirements;
14. Natural slopes in excess of 15% shall not be subjected to development;
15. Cut slopes shall be no steeper than two (2) horizontal to one (1)
vertical; subsurface drainage shall be provided as necessary for
stability;
16. The maximum horizontal distance of disturbed soil surface shall not
exceed seventy-five (75) feet;
17. Fill slopes shall be no steeper than, two (2) horizontal to one (1)
vertical; fill slopes shall not be located on natural slopes steeper
than 2:1 or where fill slope toes out. within 12 feet horizontally of
the top of an existing or planned cut slope;
18. Tops and toes of cut and fill slopes shall be set back from buildings
a horizontal distance of 6 feet plus one-fifth the height of the cut of
fill, but need not exceed 10 feet;
19. Fills shall be compacted to at least 95% of maximum density, as determined
by AASHO T99 or ASTM D698;
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20. All slopes which are stabilized by mechanical or chemical restraints
shall be adapted to conform to the surrounding terrain and shall be
given proper aesthetic treatment.
1.06 DRIVEWAYS AND OTHER PARKING;
1. Combinations of collective private driveways, cluster parking areas
and on-street parallel parking bays shall be used to attempt to op-
timize the objectives of minimum soil disturbance, minimum impervious
cover, excellence of design and aesthetic sensitivity;
2. Collective private driveways shall be encouraged where their use will
result in better building sites and lesser amounts of land coverage than
would result if a public road were required;
3. Cluster parking areas shall be encouraged where they will not result
in drastic increases in the amount of impervious cover and/or where
they might eliminate private individual parking;
4. On-street parallel parking bays shall be encouraged where considera-
tions of terrain or aesthetic quality would reduce the desirability
of collective driveways or cluster parking;
1.07 VEGETATION AND REVEGETATION:
1. The developer shall submit a slope stabilization and revegetation plan
which shall include a complete description of the existing vegetation,
the vegetation to be removed and the method of disposal, the vegetation
to be planted, and slope stabilization measures to be installed. The
plan shall include an analysis of the environmental effects of such
operations, including the effects of such operations, including the
effects on slope stability, soil erosion, water quality and fish and
wildlife;
2. The revegetation and slope stabilization plan shall be submitted with
the grading plan;
3. Vegetation shall be removed only when absolutely necessary, e.g., for
buildings, filled areas, roads;
4. Every effort shall be made to conserve topsoil which is removed during
construction for later use on areas requiring vegetation or landscaping,
e.g., cut and fill slopes;
5. Vegetation sufficient to stabilize the soil shall be established on
all disturbed areas as each stage of grading is completed. Areas not
contained within lot boundaries shall be protected with adapted, fire-
resistant species of perennial vegetal cover after all construction is
completed, (a list of such species is available in the office of the
Planning Administration);
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6. New Plantings shall be protected with organic cover;
7. All disturbed soil surfaces shall be stabilized or covered prior
to the first day of December. If the planned impervious surfaces
(e.g., roads, driveways, etc.) cannot be established prior to
December 1, a temporary treatment adequate to prevent erosion
shall be installed on those surfaces;
8. Construction shall be scheduled to minimize soil disturbance between
the first day of December and the fifteenth day of April;
9. The developer shall be fully responsible for any destruction of
native vegetation proposed for retention He shall carry the responsi-
bility both for his own employees and for all subcontractors from the
first day of construction until the notice of completion is filed.
The developer shall be responsible for replacing such destroyed
vegetation;
10. The use of qualified personnel experienced and knowledgeable in the
practice of revegetation shall be required.
1.08 MAINTENANCE;
The owner of any private property on which grading or other work has
been performed pursuant to a grading plan appr.oved or a building permit
granted under the provisions of this Ordinance shall continuously maintain
and repair all graded surfaces and erosion prevention devices, retaining
walls, drainage strctures or means, and other protective devices, plantings
and ground cover installed or completed.
1.09 UTILITIES;
All new service utilities, both on-site and off-site, shall be placed
underground.
1.10 OBJECTS OF ANTIQUITY;
1. No grading, filling, clearing or vegetation, operation of equipment,
or disturbance of the soil shall take place in areas where any his-
toric or prehistoric ruins or monuments, objects of antiquity, or
geological landmarks or monuments are present. The grading plan
shall indicate all such areas on the site and shall indicate the
measures that will be taken to protect such areas. The Idaho State
Historical Society shall approve the proposed protection measures
before the grading plan is approved;
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Whenever during excavation there are uncovered or become apparent
any historic or prehistoric ruins or monuments, or objects of
antiquity, or geological landmarks or monuments not previously
accounted for in the grading plan, all work in the immediate area
shall cease until the Idaho State Historical Society shall deter-
mine what precautions should be taken to preserve the historic
artifacts.
1.11 REQUEST FOR WAIVER OR REQUIREMENTS;
If the developer intends to request waiver of any of the provisions of
Section 1.00, he must submit his request, in writing, with his grading
plan. The request shall itemize each requirement for which a waiver is
sought and shall state the reason(s) for which each waiver is requested.
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GLOSSARY
Aquifer
A body of rock or soil that contains sufficient saturated permeable
material to conduct groundwater and to yield economically signifi-
cant quantities of groundwater to wells and springs.
Artesian
Refers to water confined under pressure.
Biome
A major biotic community including all plant and animal life, e.g.,
the North American boreal forest, European deciduous forest,
BOD—Biochemical Oxygen Demand
The amount of dissolved oxygen used up in decomposition of organic
matter in water. If the amount of oxygen dissolved in water is high
then BOD is low, and visa versa.
Boreal forest
The forest extending across northern North America, consisting chiefly
of conifers.
Channel geometry
Description of the shape of a given cross-section of a river channel.
Chemical weathering
Chemical reactions such as hydrolysis, or oxidation, by which rocks and
minerals are broken down into soil.
Clay
1. The smallest mineral particles in soil, less than .002 mm. in di-
ameter. 2. Soil that contains at least 40 per cent clay particles,
less than 45 per cent sand, and less than 40 per cent silt.
Clear cutting
The felling of all trees in an area at one time.
Climax stage
The terminal state of succession at which a community "can perpetuate
itself and maintain a nonchanging composition of plant and animal
life, determined by environmental conditions, climate, soil type,
drainage, etc.
Califormbacteria
Non-harmful microorganisms (excherichia coli), used to indicate the
possible presence of disease causing bacteria in water; found in
human and animal feces.
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Confined aquifer
An aquifer bounded above and below by beds of distinctly less permeable
material than the aquifer itself.
Coniferous
Refers to a conifer, which is any plant of the order Coniferales, having
needle-like leaves and seeds born in cones, e.g., pine, spruce, fir.
Consolidated
Refers to earth materials whose particles are cemented together and
that are firm and coherent.
Creep
The slow, downward mass movement of ice, soil, or rock on a slope.
Cut and fill
The excavating of material in one place and depositing of it as fill in
an adjacent place.
Deciduous
Refers to the loss of parts of an organism, such as leaves of a tree,
occurring at certain seasons.
Discharge (Stream)
Rate of flow of a stream expressed as volume per unit of time.
Discharge area (Groundwater)
An area in which subsurface water is released to the land surface.
Diversity (ecological)
Variety of species of plants and animals that compose a biotic commun-
ity or ecosystem; often expressed as total number of different species.
Drainage pattern
The arrangement of the natural stream courses in an area.
Ecotone
The transitional zone between two distinct biotic communities (usually
biomes), characterized by a mixture of plant and animal species of the
two communities and with characteristics of its own.
Edge effect
The influence of two communities upon their border, whereby composition,
density, and diversity are affected, usually being more complex and
greater than the two distinct communities (e.g., grassland bordering
a woodland).
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Emergent vegetation
Refers to aquatic vegetation, rooted in but protruding above the
water, e.g., cattails.
Erosion
The process by which the soil and rock components of the earth's crust
are worn away and removed from one place to another by natural forces
such as weathering, solution, and transportation.
Estuary
An arm of the sea at the mouth of a river where the current of the
river meets the tide and where salt and fresh waters mix.
Eutrophication
The process by which bodies of water become enriched with mineral and
nutrients and organic materials, often algae proliferates, dissolved
oxygen decreases and deposited dead material causes shallowing. Often
accelerated by discharge of sewage or overland runoff of fertilizers.
Evaporation
With regard to the hydrologic cycle, the loss of water from surface
water to the atmosphere.
Food chain
Refers to the dependence for food of organisms upon each other in a
series, beginning with plants and ending with the largest carnivores.
Food web
The combination of all of the food chains in a community.
Gravel
Large soil particles 2 to 20 mm. in diameter or an unconsolidated,
natural accummulation of rounded rock particles.
Ground layer
The plants, living or dead, on the surface of the ground.
Gully erosion
Erosion of soil or soft rock material by running water that forms rela-
tively large, distinct, narrow channels.
Herbivore
An organism that eats plants.
Hydrologic cycle
The cycle of the movement of water from the atmosphere by precipitation
to the earth and its return to the atmosphere by.interception, evapora-
tion.
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Hydrology
The properties of the water, including circulation and distribution,
on and below the ground.
Impervious
Incapable of transmitting fluids.
Infiltration
The penetration of water into soil or other material.
Leachate
A toxic or obnoxious fluid produced by water percolating through a waste
or chemical-storage deposit.
Leaching
The removal of certain components of the soil by percolating water.
Microclimate
The climatic conditions of a relatively small area or habitat (e.g.,
the inside of a hollow log or the north side of a hill).
Monoculture
The existence of many individuals of one plant or animal species with-
out other species interspersed as under natural conditions, e.g. a corn
field or a white-pine plantation.
Niche
The sum of the relationships that a species has with the rest of the
system within which it exists; what it eats, how, and when; what tem-
perature it prefers; what plants it uses for cover; what kind of soil
pH it grows in, etc.
Organic matter (in soil)
Material derived from plants and animals, as opposed to minerals, much
of it in a more or less advanced stage of decomposition.
Outcrop
A geologic layer exposed at the earth's surface.
Overdraft
Withdrawal of groundwater in excess of replenishment.
Permeability
The property of soil or rock that refers to the ease with which water
or air may pass through the material.
Pest species
A plant or animal that is prolific beyond natural control. Usually
introduced, it outcompetes plant and animal species found under
natural conditions.
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Physical or mechanical weathering
The process of weathering by which physical forces such as frost
action and wind break down or reduce rock to smaller fragments.
Physiographic province
A region, all parts of which are similar in geologic structure and
climate and which consequently has a unified geomorphic history.
Pioneer species
A plant or animal that first appears on a bare or freshly disturbed
area.
Predator
An animal that attacks and eats other animals.
Recharge area
An area in which water is absorbed and added to the groundwater reser-
voir.
Relic species
A remnant species or group of species that was widespread in an area
during a former period of different climatic conditions.
Runoff
That part of precipitation that flows off the land without filtering
into the soil.
Salt water intrusion
Displacement of fresh surface or groundwater by the advance of sea
water, sometimes caused by overdraft of a well.
Sand
1. Large size particles in soil from .5 to 2 mm. in diameter. 2. A
soil that contains at least 85 per cent sand with the percentage of
silt plus 1.5 times the percentage of clay not exceeding 15.
Scour
The clearing and digging action of flowing air or water, especially
the downward erosion by stream water in sweeping away mud and silt
on the outside of a curve or during a flood.
Second growth
A forest which comes up after the removal of the old stand by cutting,
fire, etc.
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Sedge
A grasslike plant in appearance of the family Cyperaceae, often with
a triangular base.
Sedimentation
The process of depositing materials from a liquid, especially in
bodies of water.
Sediment load
The quantity of solid material that is transported by a natural agent,
such as a stream and expressed as a dry weight passing a given point
in a given period of time.
Sediment transport
The movement of sediment by natural agents such as runoff or surface
watercourses.
Selective cutting
The felling of certain trees in an area, such as the largest ones.
Shrub
A perennial woody plant that differs from a tree by its low growth and
multiple stems.
Silt
1. Intermediate sized particles in soil from .002 mm. to .5 mm. in
diameter. 2. Soil that contains at least 80 per cent particles and
less than 12 per cent clay.
Slide
The downhill mass transit movement of soil, rock, or snow resulting from
failure of that material under stress.
Slip
The downhill movement for a short distance of a mass of wet or saturated
soil.
Slope
The inclination of the surface of the land from the horizontal
0-3.0 degrees (0-5%) level
3.0—8.5 degrees (5—15%) gentle
8.5-16.5 degrees (15—30%) moderate
16.5-26.5 degrees (30—50%) steep
26.5-45 degrees (50-100%) very steep
greater than 45 degrees (greater than 100%) precipitous
Subsidence
Gradual downward, local, mass movement of the earth's surface.
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Succession
The progression or gradual replacement of one kind of biotic community
by another, the compositions of which overlap in the process; the pro-
gression from pioneer to climax stage.
Topography
General term to include characteristics of the ground surface such as
plains, hills, mountains; degree of relief, steepness of slopes, and
other physiographic features.
Transpiration
The release of water vapor from plants to the atmosphere.
Trophic level
One part of the food chain which consists of. five trophic levels:
Producers Green plants
Hervivores Plant eaters
Primary carnivores . . . Herbivore eaters
Secondary carnivores. . Primary carnivore eaters
Decomposers Fungi and bacteria that breakdown all
dead plants and animals
Turbidity
The cloudy condition of a body of water that contains suspended material
such as clay or silt particles, dead organisms, or small living plants
or animals.
Unconfined aquifer
An aquifer having a water table.
Unconsolidated
Refers to earth materials whose particles are not cemented together and
that are loosely arranged.
Understory
The trees in a forest below the canopy, usually younger.
Virgin forest
Refers to a woodland essentially uninfluenced by human activity.
Watershed
The region drained by or contributing water to a stream, lake, or other
body of water.
Water table
The upper surface of the free groundwater in a zone of saturation except
when separated by an underlying of groundwater by unsaturated material.
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Weathering
The process of disintegration of rocks and minerals at or near the
earth's surface, whereby they are changed in character.
Weed
General term for any troublesome or undesirable plant; once introduced,
it generally outcompletes native plant species.
Sources: Hanson, Herbert Christian, Dictionary of Ecology. New York, 1962
Gary, Margaret, Robert McAfee Jr., and Carol L. Wolf, editors,
Glossary of Geology. Washington, D.C., 1972
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APPENDIX A
ENVIRONMENTAL PERFORMANCE STANDARDS
A. The Nature and Character of Environmental Performance Standards
The work of translating what is known about the interrelationships,
of land use and environmental protection into land control programs has
concentrated on the traditional specification standards with this method,
the desired pattern of activities is determined by specifying locations
and development standards through zoning, subdivision controls, building
codes, and other devices. Specification standards indicate what one can
or cannot do based on the existence of a feature of a combination of fea-
tures. For example, since the integrity of the floodplain must be main-
tained to protect lives and to store excess water, no development should
be allowed. Since aquifer recharge areas are needed to replenish ground
water supplies, no paving should be permitted. Since steep slopes may
slip, only low density housing is allowed. The orientation is one of
controlling man-made features rather than one of protecting environmental
functions or processes.
The use of specification standards to make development more com-
patible with environmental features has been worthwile; however, if experi-
ence with other regulatory systems is any guide, there are inherent ad-
vantages in moving away from specification standards toward performance
standards. Building codes which specify what material is to be used for
a wall, restrict innovation. However, a building code using performance
standards will indicate how the wall should perform, in terms of fire re-
sistance, sound absorption, load bearing capacity, etc. In short, the
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specification code tends to stifle technological progress while the
performance code tends to encourage it. A performance code eliminates the
need for the drafters of the code to know about and test all available
materials and processes. The burden of proof is shifted to the proponents
of the new material or process, who must prove that it does perform as
required. Performance standards are concerned with output (results) and
not with input (the type of material used). It is the output that is
the real issue.
Early zoning ordinances were (and must remain) strictly specifica-
tion standards. They consisted of long "use" lists and maps which speci-
fied, for instance, that a steel mill was a heavy industry and an electron-
ics assembly plant a light one, and that each had to go into an appropri-
ate zone. This kind of ordinance required the drafters to list all types
of present and (if possible) future uses, and then decide which ones were
heavy and which ones were light. Needless to say the task was difficult
and frequently resulted in arbitrary decisions.
In the 1950's ASPO developed a concept of industrial performance
standards for zoning ordinances. The idea was that it really didn't matter
what use went where, but what mattered was how that use performed. The
performance criteria were in terms of such measurable outputs as air
pollution, noise, vibration, glare, etc. Thus, a steel mill that for
some reason "performed" as a clean, quiet industry would be permitted
near residential uses (ignoring for the moment other criteria such as
traffic generation). On the other hand, an electronics assembly plant
that, for some reason, generated air pollution above a specified amount or
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noise greater than so many decibels would be segregated from incompatible
uses. What mattered was performance or process (amount of pollution
generated) rather than the fact that a particular product happened to be
produced at that site (steel or transistors).
The entire history of zoning and land regulations, generally, has
been one in which there has been a slow but steady movement toward re-
placing specification codes with performance codes. Such techniques as
planned unit development, floating zones, special use permits, market
feasibility studies, as well as industrial performance standards have all
been attempts to regulate a particular use or activity on the basis of its
performance. This is in contrast to the earliest ordinances which were
simply maps that attempted to specify in advance not only where every
single possible use could locate, but also its density, height, bulk,.
materials, and, in some cases, construction procedures.
The history of environmentally oriented land use regulations have
essentially followed the same pattern as building codes and industrial
zoning.
The goal of environmentally oriented land use regulations, such
as those discussed in this manual, is to maintain or preserve natural pro-
cesses as land undergoes change for man's use. Under traditional Euclidian
zoning, this goal is implemented by listing land uses that are likely to
have heavy impact on the natural processes such as runoff, or infiltration,
or erosion and those uses which are' likely to have less impact. Then the
natural resource functions of the land are protected by zoning environ-
mentally sensitive areas for those particluar uses which will have the
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least impact. In practice, this approach has essentially identified
buildable and unbuildable land. Environmentally sensitive areas are
zoned for those uses that do not require extensive construction—such as
agriculture, recreation, and conservation uses, while less sensitive
areas provide land for residential, commercial, and industrial uses.
Where building is permitted, it is regulated by specifying requirements
for drainage tiles or culverts or retaining structures which will minimize
the problems arising from development.
Specifying land uses is, however, only a crude implementation of
the goal of protecting natural processes. It may not achieve its goal
for several reasons:
1. The permitted uses are not necessarily compatible with the
natural processes to be protected. Agriculture and recreation uses can
have adverse impacts on natural resources if developed in the wrong way.
2. The segregation of uses may keep some potentially damaging uses
away from critical resources, but it also unnecessarily restricts the use
of the land, reducing the supply of residential, commercial, and industrial
land. These uses are often compatible if developed in the right way.
3. The segregation of uses assumes that the buildable and the un-
buildable land are separate systems, and that the adjacent residential or
industrial zones will not affect the area being protected. This is not
necessarily so. The effects of development on erosion, runoff, and ground-
water recharge can cause damage to all areas in the watershed.
In attempting to refine land controls so that they more accurately
implement the goal of preserving natural processes, communities have shifted
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the emphasis from the particular uses of the land to the way the land
functions or performs. As this manual details, they have identified
the functions of the land which provide important public benefits, and
have designed their regulations to protect these functions. In addi-
tion to being concerned about the specific use of the land—whether
it is agricultural or residential—they are concerned with the land's con-
tinued ability to filter runoff or recharge important groundwater re-
serves, or maintain soil stability. These are the natural processes which
they want to maintain whatever use the land provides for man.
The development of performance orientation controls for land use
has been principally on a second level of zoning. The communities have
maintained the traditional Euclidian zoning with a designation of per-
mitted and prohibited uses, but then have added another level of use
through special use provisions and special use permit systems. Through
these provisions, a landowner can use his land for other uses than those
specified in the' ordinance if he meets specific environmental performance
criteria. These criteria generally delineate the key functions that the
community wishes to perserve such as the water retention capabilities of
wetlands or the water absorption ability of aquifer recharge areas. The
landowner is allowed to develop the land anyway he wishes if he can show
that it will not adversely affect these natural processes. Each applica-
tion is then evaluated individually on how well it meets the criteria.
This system of providing for special uses that satisfy performance
criteria moves land controls closer to achieving its goal of preserving
and maintaining natural processes, while allowing the land to change for
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man's use. Specifically, it overcomes the second weakness of traditional
Euclidian zoning by not unduly restricting the use of the land and con-
sequently unnecessarily reducing the supply of residential, commercial,
and industrial land. It does not, however, answer the other two problems.
The list of permitted uses do not have to meet the same performance
criteria as the special uses, and it still does not regulate the effects
of adjacent uses or the interaction among uses on critical natural functions.
In order to remove these additional problems of implementing the
goal of protecting natural process, it is necessary to move to direct
environmental performance standard regulation. To develop this system
of regulation, a community identifies the natural processes that are closely
associated with public health, safety and welfare; that provide the
community important benefits that are ignored through the private market
mechanism. Specifically these are processes such as runoff, erosion,
and groundwater infiltration which are closely linked to maintaining public
water supplies, preventing hazards from floods and droughts, preserving water
quality in lakes and rivers and maintaining the natural resource of the
soils themselves. The community then establishes a specific (preferably
numerical) level at which the natural process should operate, and any de-
velopment of the land must be done in such a way that the natural process
continues to function at this level. In contrast to a specification approach,
this kind of regulation does not require designated construction techniques
or site planning, but allows the developer to choose his own system of
guaranteeing that the natural processes continue to operate.
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If these environmental performance standards are simply applied
to environmentally sensitive areas, such as wetlands or stream corridors,
then the regulation does not stipulate permitted or prohibited uses. A
landowner (leaving aside for the moment other considerations) can use the
land as he wants as long as it continues to retain a minimum amount of
water during rains, release the same quality and quantity of water into ad-
jacent water bodies, and continue to recharge the groundwater at approximately
the same rate. With this direct environmental performance regulation, all
uses must meet the same standards for preserving or maintaining natural pro-
cesses and the distinction between permitted uses and special uses is removed.
More importantly, however, "these environmental performance standard
regulations do not need to be tied to specific zones or districts. Since
these processes of runoff, erosion, and infiltration are common to all
land (although they vary from site to site) , the regulations can apply to
all development within the jurisdiction. By doing this, these environmental
land controls are separated out from the questions of districting or zoning,
and are administered as parallel or supplementary regulations to the basic
zoning controls. By separating out controls for these natural processes,
the final problem of the Euclidian approach is solved. The controls no
longer depend on identifying different districts with different controls,
but operate equally in all districts.
Using environmental performance standards as general regulations
for all development provides the most important type of controls for re-
source management or protection. As detailed in this manual, all of the
environmentally sensitive areas studied can substantially benefit from con-
trolling development effects development effects that are essentially ex-
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ternal to their boundaries. Part of the intent of providing special dis-
tricts for these areas is to reduce the problems of increased runoff,
reduce the damage of siltation from erosion, and maintain water quality.
These zones are important for those purposes, but they can be substantially
augmented by minimizing these problems at their origins—at the actual site
*
of development.
Besides their particular importance to the protection of environ-
mentally sensitive areas, direct environmental performance standard regu-
lations offer other advantages. Many of these are similar to those for
performance standards in building codes and industrial zoning:
1. Environmental performance standards tend to encourage innovation
to improve the compatibility of development with the natural functions of a
particular site and an entire watershed. This flexibility is particularly im-
portant in the area of resource protection since there are a host of construc-
tion and site design techniques which can be combined to make development more
sensitive to land functions. By allowing the landowner to find the best techni-
ques for his particular site will give the community better protection of its
resources and the landowner a greater chance to maximize his own benefits.
2. Environmental performance standards eliminate the need for the
drafters of the code to know about and test all available methods of devel-
opment. The burden of proof is shifted to the proponent of the particular
use, and he can provide the necessary technical evaluation from licensed
engineers or hydrologists to determine if the development will maintain the
natural functions at the levels specified by the community.
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3. Environmental performance standards more accurately separate
uses that are compatible with the natural systems from those that are not.
If a particular site is unbuildable it will be determined by the particular
character of that site, and does not need to be predetermined on a zoning
map.
•
Environmental performance standard regulations however, are not
completely parallel to performance standards for building codes or indus-
trial zoning. In these other cases, society is attempting to create a per-
formance level from man's use of the land; in environmental performance
standards, it is attempting to preserve or maintain a performance of the
land that is already there. As a consequence, environmental performance
standards have some additional advantages that are not associated with
general performance standard regulations.
The major advantage that these direct environmental performance
standard controls have is to disentangle one thread of land controls—
preserving natural functions or processes, to handle them separately from
the questions of the segregation of uses or traditional zoning. In the
past one objective of performance standard regulation has been to increase
the potential for multiple use of land. Specifically this is the objective
of industrial performance standards. Regulating the location of industry
by the way it performs allows for greater flexibility in locating speci-
fic industries. This may or may not be the case with environmental per-
formance standards. The protection of the natural processes or functions
of the land becomes independent of the particular land use; all land must
maintain these functions. The question of where industry locates or what
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areas are designated for residences is determined by other criteria, such
as the concentration or proximity of one use to another, the costs of
providing public services, the effects of particular uses on traffic gen-
eration, and so on. Environmental performance standards do not replace
standard zoning procedures; instead, they parallel or supplement these by
providing regulations maintaining environmental systems. Their primary
advantage is that they remove one traditional element of the segregation
of uses so that those decisions can be made in terms of other policy con-
siderations independent of the uses affect on natural processes.
The same is true in terms of zoning for environmentally sensitive
areas. Many of these areas include land functions which at the present
time cannot be quantified so that it is impossible to develop reliable
performance standards for these functions. Consequently, the performance
standard regulations offer an important supplement to these other land
controls and do not represent an alternative to them.
Finally, the direct environmental performance standard regulation
greatly improves the equity of environmental controls. Often our attempts
to provide a stable supply of clean water have focused on requiring major
polluters to clean up without requiring all land users to do the same.
By establishing environmental performance standards for the major processes
that affect a community, one sets up the same standard for all land users,
and each must share in the process of protecting natural resources in pro-
portion to the problems his particular uses creates. Likewise, in the
past, the solution to the problem of increased runoff, erosion, and water
pollution focused on the critical points in the hydrological cycle. Pro-
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viding buffers around streams or requiring limited use of land adjacent
to wetlands was necessary because they were seen as the prime chance to
reduce these problems before they did serious damage to larger bodies of
water. These controls make sense, but, as much as possible, the burden of
controlling these problems should rest with the landowner who initiates
the problems and not be shifted to the landowner who happens to own the
wetlands. Performance standards are a major step in providing this equity
in land controls since they move the process of control back to the land-
owner who initiates the changes.
II. DEVELOPING DIRECT ENVIRONMENTAL PERFORMANCE STANDARD REGULATION
The critical factor in determining the feasibility of performance
standard regulation for natural processes is the technological feasibility
of setting precise numerical measurements on the process. There has been
substantial, ongoing, research activity in the definition of behavioral
relationships of these systems and the accumulation of data to support
these basic relationships. There has been, however, comparatively little
effort directed towards extending this research into the area of land use
controls. The basic technical research is being conducted by specialists:
soil scientists, engineering geologists, hydrologists, marine biologists,
and forest ecologist. Understandably their concerns tend to be limited
to the characteristics of the resource studied and not into the area of
land controls. Few planners, on the other hand, have attempted to estab-
lish the necessary disciplinary crosswalk.
In order to evaluate what is necessary to establish performance
standard regulation, we have chosen two natural processes which are both
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important and which also seem the closest to being able to be regulated
through the performance standard approach. These two processes are run-
off and erosion. For runoff there already have been a few attempts to
develop performance regulations and a discussion of these specific ordi-
nances give a clearer understanding of possible methods of actually adapt-
ing performance standard measures to regulatory mechanism. For the second
case, erosion, there are no performance standard regulations at the pre-
sent moment, but the work of the Soil Conservation Service in developing
the Universal Soil Loss Eg^iation and identifying "allowable" soil losses for
specific soils, provides the necessary technical work to make regulation of
these natural processes within immediate possibility.
1. Controlling Runoff
Runoff is a natural process associated with surface water hydrol-
ogy. On undeveloped land, soil and vegetation act as control agents, hold-
ing some water, releasing some. With precipitation, the holding function
is first maximized then, when the holding capacity is exceeded, release
follows. For melting snow, the runoff function is higher until the ground
has thawed. Under natural conditions, runoff generally holds few threats
to human population or to related sensitive areas. In the natural system
runoff is accomodated by additional processes associated with floodplains
and wetlands.
With the advent of development, the runoff process is changed. As
the natural landscape is replaced by development's impervious surface,
both the rate and volume of runoff increases dramatically. In the past,
this increased runoff has been handled by requiring developers to build
storm drainage systems or relying on public investment in exotic storm
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systems, channelized watercourses, dams, and reservoirs. These solutions
essentially focus on the symptom rather than the cause; the increased flow
of water is accepted as a given and the controls simply try to handle this
new flow instead of controlling the amount of water itself. Performance
standards for runoff control the actual amount of water leaving a parti-
cular site at a particular moment.
a. The measurable features of runoff—The two measurable features
of runoff are volume and rate. The volume of runoff is a function of pre-
vious moisture conditions, the hydrologic character of the soil, and the
presence or absence of conservation practices. Previous moisture condi-
tions are a statement of the amount of moisture the soil contains prior to
a given storm. The hydrological character of the soil is determined by
its surface and subsurface characteristics that effect moisture entering
and passing through a soil and its water storage capacity. Thousands of
soils have been classified by the Soil Conservation Service into four hydro-
logical soil groups ranging from low runoff potential to high runoff poten-
tial. Last, the volume of runoff is related to conservation practices on the
land, particularly those designed for sheet erosion. For example, various
grasses maintain the open structure of the soil surface which increases the
soil's ability to absorb precipitation.
In addition to the features that affect volume, the rate of runoff is
a function of the intensity of the rainfall, natural vegetation arid topo-
graphy. The more intense the rainfall, the higher the rate of runoff. The
more dense the vegetation, the more it will hold water and thereby reduce
peak discharge rates, and finally, the steeper the slope of the land, the more
rapid the runoff.
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As the factors that affect volume and rate of runoff suggest,
the process varies considerably from site to site. For regulatory pur-
poses, the method of estimating runoff must meet three basic criteria:
1. They must be geographically adaptable, capable of working
with large and small scale development.
2. They must estimate differences for varying meterological
conditions.
3. They must be able to predict runoff for varying intensities and
styles of development by kinds of soils.
By meeting these criteria the community could determine the amount of run-
off associated with a particular parcel before development, and could esti-
mate its volume and rate under developed conditions. They could then set
a specific standard which the development had to meet.
Fortunately, there has been considerable work in devising measure-
ment techniques which satisfy these requirement. In nearly three decades
of research, runoff models have achieved a high degree of accuracy, and
they have been applied to increasingly small units with no perceptible
loss in accuracy. Although this work was initially addressing problems of
runoff in agricultural areas, it has been adapted to urbanized conditions,
and gives the best help in designing regulations for the process of runoff.
There are approximately seven different models developed for esti-
mating the rate of runoff. (See listing at the end of this appendix for
the sources and methods of operation.) Of these, the most common is called
the "Rational Method." The basic equation is Q = (Cia) where "C" is the
runoff coefficient, "i" is the rainfall intensity for the area and "a" is
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the watershed area in acres. Regional values have been developed for
both "C" and "A" over a period of several decades. "C," the runoff co-
efficient, merely reflects the physical characteristics of the site such
as soil type, slope, and conservation measures. "I" reflects the proba-
bility of various rainfalls in terms of intensity and duration, while
"A" is the size of the site under consideration. Newer methods, such as
that developed by Beasely, are directed towards estimating for smaller and
smaller geographical units. In Beasley's model, nine factors are used to
determine the runoff rate in contrast to the three used in the Rational
Method. The additional factors are nothing more than an elaboration of
the basic three identified above. Like the rational model, Beasely uses
essentially the same data but at a finer resolution.
Knowing the watershed can safely handle a particular rate of runoff,
the community regulates development in terms of values of the runoff co-
efficient "C." Presumably most areas would want to maintain the runoff
coefficient close to natural conditions since this would reflect
the natural capacity of the watershed's wetlands and floodways. However,
it is possible to also set these standards at higher or lower levels given
particular characteristics of the watershed. The potential of a develop-
ment for meeting these standards could be calculated by substituting the
proposed factors into the calculation of the "c" values.
The estimation of volume of runoff works much the same way. For
this feature of runoff, the Soil Conservation Services has developed a
model based on storm flow records. The equation is:
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(I - 0.2S)2
Q = I + 0.8S where:
Q is direct surface runoff in inches
I is the storm rainfall in inches
S is the difference between the rainfall and runoff
The values for "I" have been determined from empirical data on a regional
basis. Records of storm rainfall have been maintained for over a hundred
years for most of the country. The value for "S" reflects the site speci-
fic physical considerations which determine the difference between rainfall
and the amount of runoff. If the surface is largely impervious the "S"
value is high. If the surface is porous the "S" value is low. The cal-
culation of these "S" values provides the mechanism of predicting the
effects of development on the volume or runoff produced. (For detailed
discussions of calculating these values see the bibliographical refer-
ences .)
b. Translating runoff estimates into regulations—A few communities
have developed regulations which incorporate these measurements of runoff
into active regulatory programs, and they provide excellent examples of
how these regulatory devices are designed.
One of the first agencies to develop performance standards for run-
off was the Metropolitan Sanitary District of Greater Chicago. With their
broad powers in the issuance of sewer permits for new construction, the
Board moved to include consideration of runoff into their issuance of
sewer permits. As adopted by the Board, the Sewer permit Ordinance stated
that:
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Effective January 1, 1972, no permits shall be issued for
sewer construction in unsewered or separate sewered areas
when construction of the facilities to be served by the
proposed sewer would result in runoff in excess of that
from its natural or undeveloped state. ...
The objectives of these regulations are to maintain the integrity of the
natural drainage patterns of the area in order to pervent flooding and
serious alteration in stream channels. As they stated in their controls:
"the channel configuration cut by nature are generally unable to handle
the runoff from high intensity rainfalls and results in flood plain storage
or spreading of runoff over the land." In order not to increase the runoff
from such areas after the development, the Sanitary District requires that
the release rate be limited to the carrying capacity of the natural channels.
The regulation itself mandated minimum performance standards in terms
of both the rate of runoff and the volume, which the local governments had
to implement. For the rate of runoff the ordinance states:
The release rate of storm water from all developments requiring
detention shall not exceed the storm water runoff rate from the
area in its natural state.
For considerations of volume, the District requires detention storage which
operate in conjunction with the standards for the rate of runoff:
The live detention storage to be provided will be calculated
on the basis of the 100 year frequency rainfall as published
by the U.S. Weather Bureau for this area. The detention vol-
ume required will be that necessary to handle the runoff of
a 100 year rainfall, for any and all durations, from the fully
developed drainage area tributary to the reservoir, less that
volume discharged during the same duration at the approved
release rate.
Even under the worst meteorological conditions, the land area is to function
as it would under natural, predevelopment conditions.
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The result of this metropolitan wide regulation was the adoption
by local agencies of runoff controls based upon these minimum guidelines.
While the district set the minimums, the local communities are free to
make upward adjustments, to increase the required level of performance.
The developers' response are functions of the conditions of a particular
site. If the site has few problems with runoff from development, the
requirements are light. If the site is particularly susceptible to in-
creases in runoff, the compliance would require more adjustment by the
developer.
In December, 1972, Naperville, Illinois, adopted an ordinance con-
forming with the requirements of the Metropolitan Sanitation District. As
stated in the ordinance, its central purpose was "to eliminate the storage
or transportation of excess storm water in or through habitable structures."
The ordinance covers all commercial and industrial developments, and all
residential development containing an area greater than two and one-half
acres.
The performance standard for runoff is directly tied to the capacity
of the watershed drainage system:
The controlled release rate of storm water runoff from all
developments described in Paragraph A, shall not exceed the
existing "safe" storm drainage capaicty of the natural down-
stream outlet channel or storm sewer system. The release
rate shall be an average value computed as a direct ratio of
the tributary watershed area. This value shall not exceed an
average runoff rate of 0.15 inches per hour which is compat-
ible with the "safe" capacity of the West Branch of the
Du Page River and the Des Pl.aines River. The rate at which
storm water runoff is delivered to a designated storm water
storage area shall be unrestricted.
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Performance standards were also established for the control of the volume
of runoff:
Required volume for storm water detention shall be calculated
on the basis of the runoff from a 100 year frequency rainfall
of any duration as published by a recognized agency. This
volume of storage shall be provided for the fully developed
watershed that is tributary to the area designated for de-
tention purposes. The storm water release rate shall be con-
sidered when calculating the storm water storage capacity and
the control structure designed to maintain a relatively uni-
form flow rate regardless of the depth of storm water in the
storage area.
Although the Naperville ordinance maintains specification standards
for the design and maintenance of detention facilities, the principle
focus is on performance standards. Presumably if a developer could show
how his designs would not exceed the required release rate for a hundred
year frequency rainfall, he would not have to build the specified detention
facilities.
The city of Joliet, Illinois's ordinance illustrates the basic
policy considerations inherent in setting these standards. Like Naperville,
the rate of runoff cannot exceed historic values or the capacity of the
drainage system, and storage facilities must be provided for a volume of
runoff equivalent to the 100 year rainfall. But the development which come
under the provisions of the ordinance are different. The regulations in
Joilet apply to development of 10 acres or more for residential and 5 acres
or more for all other development, and these development are regulated only
when the impervious cover exceeds 60 per cent of the site. Local condi-
tions have allowed Joliet to be much more permissive for runoff controls;
consequently they have set a different range of acceptable performance than
that of Naperville.
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A slightly different approach has been taken by DeKalb County,
Georgia. This county passed an ordinance relating to soils, topography,
vegetation, drainage, and flood plains. Performance standards are utilized
in the section of the ordinance dealing with storm water retention and
drainage. The definition of who is covered under the ordinance is itself
performance oriented:
... A combination of storage and controlled release of storm
water runoff shall be required for all development and construc-
tion which will increase the peak rate of runoff from the site
by more than (1) cubic foot per second for a ten (10) year fre-
quency storm.
The ordinance then goes on to set the performance standard for the rate of
runoff:
The peak relaese rate of storm water from all developments
where retention is required shall:
(1) not exceed the peak storm water runoff from the area in
its natural undeveloped state for all intensities up to and
including the 100 year frequency and all durations of rain-
fall; or
(2) not be greater than that calculated for a storm of two
(2) year frequency with a runoff coefficient of 0.20, 0.25,
and 0.35 for land with an average slope of up to 2 per cent,
2-7 per cent and over 7 per cent respectively.
Through this mechanism they have set a minimum requirement for all devel-
opment, and added more stringent requirements for developments on slopes.
Finally, the ordinance sets the performance standard for the control of the
volume of runoff:
The live retention storage to be provided shall be calculated
on the basis of the hundred (100) year frequency rainfall as
published by the National Weather Service for the affected
area. The retention volume required shall be that necessary
to handle the runoff of a hundred (100) year rainfall for any
and all d\irations, from the proposed development lfi^~. that
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volume discharged during the same duration at the approved re-
lease rate as specified above.
The DeKalb County controls are entirely performance oriented; they
do not specify nature or character of retention facilities, but leave this
up to the developer. It is interesting to note that the'"County still
plans to construct storm retention facilities itself, but now they will
operate as a service to landowners. If the developer does not wish to
build his own facilities he can use those constructed by the community,
but he will be assessed in terms of the runoff he contributes to the drain-
v*-
age system. Under this system a developer can balance his costs of reduc-
ing runoff on site with those of buying a service from the community.
This system of economic tradeoffs has been actually written into
the runoff ordinances of two Colorado communities. Arvada, Colorado re-
quires that on-site controls for runoff be provided for all runoff in ex-
cess of historic levels. If the developer does not choose to control this
runoff, he is subject to an assessment which reflects the cost of provid-
ing controls for his development. The assessment is based upon the runoff
contribution of the site and the fees can range from $54 to $4,000 per acre
depending upon runoff sensitivity of the particular area. If the developer
provides the necessary controls, no assessment is made. If the cost of con-
trol exceeds that of the assessment, the city reimburses the developer for
the difference. Boulder, Colorado has used a similar system by designing
drainage charges that are determined by the amount of runoff from a lot.
The basic charge is established in a "standard lot" which identifies both
lot size and appropriate runoff coefficient. Fees are assessed in compari-
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son with this standard lot so that if one lot has twice the runoff of
another, the charge would be twice as much. The greater the runoff, the
greater the assessment, so it is to the advantage of the development to
minimize runoff.
c. Conclusions—As indicated by the above discussion, performance
standard regulation for runoff is feasible. The necessary measurement
techniques are available, and the communities that have pioneered this
work feel that they have significantly improved their methods of control-
ling these problems. In addition, the controls have proved to be within
the response range of developers. In some cases they have found that they
have been able to reduce their cost of construction by using different
techniques than previously specified by the community. With the technologi-
cal improvements in porous pavement, rooftop detention, ponding, and arti-
f ical recharge basins, one can expect that these standards will more easily
be met in the future.
2. Controlling Erosion
One of the most significant problems associated with development is
erosion. It has been found that man's activities significantly increase
the process of erosion; land during development can produce soil loss as
great as 100 times more than under natural conditions. This increase in
erosion, increases problems of siltation in wetlands and streams which in
turn destroys breeding grounds for game fish and other wildlife; or it
causes increased turbidity in lakes and rivers which in turn produces un-
desirable algae blooms causing europhication and oxygen depletion in these
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water resources. All of these associated problems can be allieviated by
controlling the erosion process at its origins, the site of development.
Many local agencies have developed regulatory programs dealing
with erosion controls. Most of these ordinances regulate the process of
land development. They either set out specifications for development,
such as requiring siltation ponds or other devises to control erosion
problems, or they require an erosion control plan which is evaluated by
a series of erosion control principles. These evaluative principles are
statements concerning good conservation practices. They state, for example,
that the area stripped of vegetation be kept to a minimum at all times or
that denuded areas be covered with vegetation as quickly as possible.
These principles offer an important tool to control some of the worst
abuses of land development, but they do not provide comprehensive perform-
ance standards that have to be met during construction and after construc-
tion.
a. The measurable features of erosion—During the past decade,
there has been a great deal of research on the process of erosion. While
the research was initially directed towards problems of agricultural uses,
it has since included erosion associated with urbanization. The research
has attempted to establish the relationships among the various factors con-
tributing to erosion output: rainfall intensity, average slope, length of
slope, soil type, and conservation practices.
The most important model for the purpose of environmental perform-
ance standards is the Universal Soil Loss Equation: A = (RLSKCP). The soil
loss per unit area per year, "A," is a product of:
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R — the factor for rainfall,
L — the factor for length of slope,
S — the factor for degree of slope,
K — the factor for the erodability of the soil,
C — the factor for cropping and management techniques, and
P — the factor conservation practices.
By calculating each factor and multiplying, the equation estimates the
sheet erosion which will occur under different uses of the land.
For the majority of communities, this formula is usable for regu-
lation since the necessary data has been collected. It is useful here to
detail information sources and develop an example of how this formula could
be adapted for regulatory purposes:
A = (RLSKCP)
—"A": The product of the equation.
The product is usually expressed in tons per acre per average yearly
rainfall—although it can easily be converted to metric units. This number
represents the estimated amount of sheet erosion which can be expected under
the conditions specified by the other factors. Sheet erosion is general
soil loss over an entire area, and this soil loss can be augmented by rill
erosion—gully production—where greater erosion occurs because water be-
gins to be channelized into drainage patterns. In order to account for rill
erosion, the factors of the equation must be adjusted. (See Erosion and
Sediment Control Handbook for Allegheny County, Penn., County of Allegheny
Planning Department, (1971), p. 109.)
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~"R": The rainfall factor.
This value is a representation of the power of rainfall to erode
the soil. These values are related to the specific climate and geographic
character of the area, and have been calculated on a regional basis for
all states east of the Rocky Mountains. The regional rainfall factors
represents a given in the regulatory system and would be the same for all
development. The R values are published in an Iso-Erodent Map in the
Agriculture Handbood No. 282.
—"L" and "S": The slope factors.
"L" is the length of slope and "S" is the degree of slope. Since
erosion is a function of both length and degree of slope, these two factors
are combined by using the following equation: LS = L(0.0076 + 0.00076s2)
where "L" is the length of slope in feet and "s" is the per cent slope.
Alternatively, this equation has been graphed and may be found in Wisch-
meier's "The Erosion Evaluation: A Tool for Conservation Planning" (Pro-
cbedings of the Soil Conservation Society of America, Twenty-Sixth Annual
Meeting, 1971, p. 75.) These factors are site specific and would be ob-
tained from topographic maps or on-site surveys for the particular site
of development. They are also factors which may change if the particular
development plans include extensive grading or filling so that they may be
one of the factors that would determine the before and after characteristics
of development.
—"K": The factor for erodability of the.soil.
Soils erode at different rates and "K" values have been determined
464
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for major soil classes. For soils without known "K" values, Wischmeier
has developed a nomograph using particle size distribution, organic matter
content, and structure and profile permeability. This nomograph may be
used to determine "K" values for both topsoils and subsoils. Since top-
soil and subsoil have varying erosion characteristics, it is useful to
determine "K" values for both if the subsoil is likely to be exposed.
The published "K" values are available from the Soil Conservation Districts
and the nomograph is found in Wischemier, Johnson, and Cross's "A Soil
Erodability Nomograph for Farmland and Construction Sites" (Journal of Soil
and Water Conservation, XXVI, 5, pp. 189-193). Like slope considerations,
this factor is site specific, but like rainfall it is essentially a given—
although a development could minimize this factor by not exposing subsoils
that are particularly erodable.
—"C": The cropping and management factor.
Since management practices influence erosion from any single site,
this factor adjust the erosion potential for these management practices.
For agriculture it would include vegetative cover, soil tillage, and crop
sequences; for other development, it would adjust the equation for erosion
control devices such as siltation ponds or artificial cover. Low "C"
values are associated with very effective erosion control methods while
higher "C" values are associated with less effective or the absence of con-
trols. The highest "C" values of 1 would be given to site with fallow
ground; lower "C" value of 0.01 could be given to a site which was com-
pletely covered with permanent vegetation. "C" values for the many devices
465
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used in agriculture are found in the Agriculture Handbook 282, and addi-
tional "C" values may be found in Wischmeier's "The Erosion Equation: A
Tool for Conservation Planning," and G.H. Brant's An Economic Analysis of
Erosion and Sediment Control Methods for Watershed Undergoing Urbanization
(Midland, Michigan, 1972).
—"P" : Conservation factor.
This factor is similar to the "C" factor but deals with such items
as strip cropping, terracing, and contouring. For urban development it
would reflect landscaping and contouring practices which would reduce
erosion. The values for this factor are also available from Agriculture
Handbook 282. Often this factor is given the highest value of 1 when land
is undergoing urbanization. This assumes that no specialized techniques
are used in the clearing or grading process. In terms of a regulatory tool
it is this factor along with the "C" factor which would determine if the
particular erosion control plans would satisfy the performance required by
the community.
In solving for "A," the value for each factor is determined and
then multiplied through (RLSKCP) in order to arrive at an estimated
tons per acre per unit of time. By way of example, the following problem
is extracted from Wischmeier's "The Erosion Equation: A Tool for Conserva-
tion Planning":
ASSUMPTIONS
1. Fairfax County, Va. as the locale of an unvegetated construc-
tion site.
2. The disturbed area is 20 acres in size.
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3. The average slope is 10 per cent.
4. The slope length is 200 feet.
5. The Soil Survey Map shows the site on an eroded rolling phase
of enon silt loam.
6. The subsoil material may be exposed.
PROBLEM: To compute the estimated soil loss from the unprotected
surface of the site for a 12 month period.
Step 1: R factor value is available from Iso-Erodent Map in
Agriculture Handbook #282. For Fairfax County R has a value of 200.
Step 2: Determine the LS value for a slope length of 200 feet and
an average slope of 10%. Using the graphic "Slope-Effect" chart, we get
an LS value of 1.93 for this construction area.
Step 3: The RLS value is then 200 x 1.93 = 386 RLS Units
Step 4: Determine K factor value: From soil survey maps or on site
inspection, the main soil horizons are defined. K values for each horizon
are available in local SCS data or through the nomograph method identified
previously. In this case, K values had to be determined for 5 horizons:
for 5 horizons:
Horizon K value (Note: A-Horizon is topsoil, B is sub,
Ap- .45 C is the underlying geological material.
Bl .42 We are dealing with three horizons and a
B2 .33 total of four soil types.)
B3 .22
C .43
Step 5: Determine C value. Since we assume that the site will be
stripped of cover, this value is 1,
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Step 6: Determine P value. Since we assume that no special pre-
cautions will be taken in grading the site, this value also assumes the
level 1.
Step 7: Multiply R(200) x LS(1.93) x K for Ap(.45) x C(l) x P(1) = 174
tons per acre per average rainfall year; 174 tons per acre x 20 acres = 3480
tons for site for average yearly rainfall. It should be remembered that this
estimate refers only to the condition of the upper most soil horizon (Ap) .
It assumes that only this horizon will be exposed. If any one of the re-
maining horizons are exposed, different K values would be substituted.
The development of this formula establishes a powerful planning tool
for regulatory practice. This equation enables planners to identify in
very precise fashion the expected sheet erosion in .tons per acre for an
average rainfall year in 36 of the 50 states. The formula both estimates
existing erosion and estimated erosion under a variety of developmental
patterns. Because the equation accommodates a variety of land areas, devel-
opmental conditions, and erosion controls methods, it offers excellent po-
tential for regulation.
b. Developing regulation for erosion—As opposed to runoff controls,
the use of the research models for erosion have not yet been incorporated
into actual controls. The one community that has established a performance
standard regulation for erosion is Leon County, Florida. This community's
ordinances sets up performance standards for the control erosion and sedi-
mentation as well as runoff. The ordinance, with a few minor exceptions,
requires that:
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. . . Any person, who intends to make changes in the contour
of any land proposed to be subdivided, developed or changed
in use by grading, excavating, removal, alteration, or de-
struction of the natural topsoil, hereinafter referred to as
clearing and development operations, shall, prior to engag-
ing in such operations, submit a site plan showing:
(a) The nature and extent of the proposed clearing, grading,
and development operations; and
(b) The plans to be implemented by such person for control-
ling on-site generated sedimentation, erosion, and runoff,
said plans to be designed to control runoff to prevent damage
to downstream property owners and to remove sediment prior to
discharge of peak storm runoff from storms having a recurrence
frequency of 25 years. Rainfall intensity curves as developed
by the Florida Department of Transportation shall be the basis
of design. Designs and calculations for such facilities shall
be submitted to the Environmental Administrator upon request.
Although not explicit in the ordinance, the community operates on the
standard that there will be no greater sediment load in the runoff than
would occur under natural conditions. This standard applies to both con-
struction and finished development. To comply with this requirement, the
developer has the choice of either having his plans certified by a licensed
engineer or to submit them to the Environmental Administrator of Leon County
and have them evaluated by that agency.
Although Leon County does not use the Universal Soil Loss Equation,
the equation provided could be easily adapted to this style of control.
The equation both estimates the anticipated sheet erosion under predevelop-
ment conditions and that for various forms of development. It likewise
can be used for a specific time perspective. When specified, the equation
produces estimates at a monthly, quarterly, or yearly basis. If the local
agency is only concerned with development plus one month, it can be done.
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If a longer time frame is important, the regulations could be set on the
basis of annual sediment soil.
With this information, the community defines a level of performance
for the control of erosion. Such a performance standard reflects the
desired levels of erosion control that are necessary for the protection
t
of the community's resources. The standard could be set at 95 per cent,
90 per cent, or 85 per cent effectiveness depending upon local conditions.
Then all landowners would be responsible limiting erosion from their land
to that level. The particular response of the landowner could be evaluated
by the equation—specifically in terms of the "C" and "P" values associated
with erosion management methods.
If the community wanted to tie the controls more specifically to
the nature of the site to be developed, they would use the erosion control
formula to establish predevelopment production of sediment load, and then
set the standard in terms of that particular lot. Then the developer would
be responsible to handle the extra erosion created by his particular use of
land. In the previous illustration, for example, the formula estimated an
expected yearly average erosion of some 3480 tons for 20 acres of land
undergoing development. If the formula is used to estimate erosion under
its existing conditions, it would show a different, lower estimate—say
1080 tons per year average. The increment associated with development would
then be 3480 - 1080 = 2400 tons. For that specific development, the local
agency would require controls that would accommodate that 2,400 tons or some
percentage of it.
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c. Conclusions—Since the Universal Soil Loss Equation has not
been used in an actual local regulatory program, there are still unanswered
questions. Without actual experience with the process it is difficult to
determine if the data is accurate enough to evaluate the precise nature
of development decisions, or if it would require specialized training
on the part of the administrators of the regulations, or if the necessary
monitoring and follow-up procedures would be costly for the community.
The advantage of establishing this kind of precise standard for erosion,
however, is clear, and at this point seems feasible for local agencies.
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BIBLIOGRAPHY
The works listed below represent basic explanations of the Universal
Soil Loss Equation, an equation used for predicting the amount of soil
that is likely to be eroded from a land area, under varying conditions.
Entry number one describes the equation, its factors and gives working •
examples of the use of the equation in predicting soil loss on a con-;
struction site and cropland. The second entry describes an equation
used to arrive at a value for K, soil credibility, for soil types that
have no assigned K value. The third entry is a Handbook that also gives
a basic explanation of use of the equation and gives values for P, ero-
sion control effectiveness of various conservation practices.
1. Wischmeier, W.H. "The Erosion Equation: A Tool For Conservation
Planning," The Shape of Things to Come. Soil Conservation Society of
America, 7515 Northeast Ankeny Road, Ankeny, Iowa 50021
2. Wischmeier, W.H. and C.B. Johnson, and B.V. Cross. "A Soil Erodibil-
ity Nomograph for Farmland and Construction Sites," The Journal of
Soil and Water Conservation. Nov.- Oct. 1971, Vol. 26 No. 5. pp. 189-
192.
3. Wischmeier, W.H. and D.D. Smith. Predicting Rainfall; Erosion Losses
from Cropland East of the Rocky Mountains. Agriculture Handbook 282.
U.S. Department of Agriculture, Washington D.C. 1965.
The works listed below are erosion and sediment control handbooks for state
and local areas. All three outline basic principles and guidelines for use
in minimizing erosion and sedimentation and suggest management techniques
that may be used. In entry one, Appendix B. explains the USLE and gives
necessary data for its use in the county. It also includes several sample
problems applicable to the county. The Fairfax County Handbook contains
a similar section (section X), with data for that area. The New Jersey
handbook gives soil loss equation data for the state and explains the equa-
tions used in Appendix A.
1. Allegheny County Soil and Water Conservation Districe and Allegheny
County Planning Commission. Erosion and Sediment Control Handbook for
Allegheny County, Pennsylvania. Allegheny County Pennsylvania. 197J..
2. Fairfax County, Virginia, Erosion: Silatation Control Handbook. Depart-
ment of County Development, Fairfax County, Virginia 22030. 1971
3. New Jersey State Soil Conservation Committee. Standards for Soil Erosion
and Sediment Control in New Jersey. Tr,enton, New Jersey. 1972.
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The following document analyzes the economic impact of the effects of urban-
ization on a watershed. It has attempted to estimate cost of damage from
sedimentation and erosion and to weigh those costs against the cost of con-
trol practices. It has also analyzed the effectiveness of erosion control,
as compared to its cost. Section 5 describes the use of the USLE in esti-
mating gross erosion from two small watersheds in the study areas.
1. Brant, G.H. An Economic Analysis of Erosion and Sediment Control
Methods for Watersheds Undergoing Urbanization (C-1677). Midland,
Michigan. 1972.
The following references are general discussions of runoff. Included are
definitions of runoff, explanations of the runoff process and the factors
that affect rate and volume of runoff. The first entry describes the
equation used to estimate rate of runoff and gives some regional values
used in the equation. The second entry describes the equation to estimate
volume of runoff.
1. Beasley, R.P. Erosion and Sediment Pollution Control. Ames, Iowa.
1972. Chapter 5.
2. Schwab, Glenn O., et al. Soil and Water Conservation Engineering.
New York, N.Y. 1955.
The following reference explains estimation of direct runoff from storm
rainfall and melting snow, respectively. Included are sample tables used
in the equation.
1. Soil Conservation Service. SCS National Engineering Handbook. Section
Four, "Hydrology." Washington, D.C. 1971. (Chapters 10 and 11.)
The following reference outlines.runoff control measures for urban areas.
On page 39 begins a listing of measures to control increases in runoff and
decreases in infiltration due to urban development. A number of techniques
for delay of runoff from roofs, infiltration of precipitation at source,
and infiltration of runoff after concentration are developed.
1. Tourbier, Joachim, and Richard Westmacott. Water Resources Protection
Measures in Land Development; A Handbook. Newark, New Jersey. 1974.
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APPENDIX A-l
ORDINANCE NO. 72 - 74
AN ORDINANCE AMENDING CHAPTER 12, "PLUMBING, SEWERS AND WATER"
BY THE ADDITION OF ARTICLE IX."STORM RUNOFF CONTROL.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NAPERVILLE, DU PAGE
AND WILL COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows;
SECTION 1: That Chapter 12, "Plumbing, Sewers and Water", of the Muni-
cipal Code of Naperville of 1960 as amended be and the same is hereby amended
by the addition of Article IX "Storm Water Runoff Control" to read as follows:
"Article IX Storm Runoff Control"
12.901 - Definitions - The following definitions shall be applicable
to this article:
1. Storm Water Runoff - Water that results from precipitation
which is not absorbed by the soil or plant material.
2. Natural Drainage - Channels formed by the existing surface
topography of the earth prior to changes made by unnatural
causes.
3. Excess Storm Water - That portion of storm water runoff which
exceed the transportation capacity of storm sewers or natural
drainage channels serving a specific watershed.
4. By-pass Channel - A channel formed in the topography of the
earth's surface to carry storm water runoff through a speci-
fic area.
5. Storm Water Runoff Release Rate - The rate at which storm
water runoff is released from dominant to servient land.
6. Storm Water Storage Area - Areas designated to store excess
storm water.
7. Tributary Watershed - All of the area that contributes storm
water runoff to a given point.
8. Recognized Agency - An agency or governmental unit that has
statistically and consistently examined local and climatic
and geologic conditions and -maintained records as they ap-
ply to storm water runoff, e.g., Metropolitan Sanitary Dis-
trict of Greater Chicago, U.S. Weather Bureau, University of
Illinois Engineering Experiment Station, Illinois State Water
Survey, etc.
9. Dry Bottom Storm Water Storage Area - a facility that is de-
signed to be normally dry and contains water only when excess
storm water runoff occurs.
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10. Wet Bottom Storm Water Storage Area - A facility that is de-
signed to be maintained as free water surface or pond.
11. Control Structure - A structure designed to control the volume
of storm water runoff that passes through it during a specific
length of time.
12. Positive Gravity Outlet - A term used to describe the drainage
of an area by means of natural gravity so that it lowers the
free water surface to a point below the existing grade or in-
vert of storm drains within the area.
13. Ground Water Recharge - Replenishment of existing natural un-
derground water supplies.
14. "Safe Storm Drainage Capacity" - A term used to describe the
quantity of storm water runoff that can be transported by a
channel or conduit without having the water surface rise a-
bove the level of the earth's surface over the conduit, or
adjacent to the waterway.
12.902 - Regulations - It is not the intent of this article to take
areas out of use for the sole purpose of storing excess storm
water. Nor is it the purpose of this article to restrict land
use or increase development costs. The basic purpose of this
article is to eliminate the storage or transportation of ex-
cess storm water in or through habitable structures. The use
of "natural" paths of storm water runoff to form the "by-pass"
channel and the restriction of this channel to form storage
areas is encouraged. Since political and ownership boundaries
often make the use of "natural" drainage patterns difficult,
the earthmoving that is accomplished to create the maximum land
usage should also be planned to provide a "by-pass" channel for
storm water that will not create a diversion of storm water
drainage or radically change the watershed boundaries. The
drainage scheme presented by those who wish to develop property
in the City of Naperville should be planned to accomplish all
of the following storm water controls without major loss of
land use.
A. The controlled release and storage of excess storm
water runoff shall be required in combination for all
commercial and industrial developments and for residen-
tial developments that contain an area in excess of 2%
acres.
B. The controlled release rate of storm water runoff from
all development described in Paragraph A, shall not ex-
ceed the existing "safe" storm drainage capacity of the
natural downstream outlet channel or storm sewer system.
The release rate shall be an average value computed as
a direct ratio of the tributary watershed area. This
value shall not exceed an average runoff rate of 0.15
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B. (Cont'd.) inches per hour which is compatible with the
• "safe" capacity of the West Branch of the DuPage River
and the DesPlaines River. The rate at which storm
water runoff is delivered to a designated storm water
storage area shall be unrestricted.
C. A "natural" or surface channel system shall be designed
with adequate capacity to convey through, the development
the storm water runoff from all tributary upstream areas.
This "by-pass" channel shall be designed to carry the
peak rate of runoff from a 100 year storm, assuming all
storm sewers are blocked and that the upstream areas
are fully developed and have been saturated with ante-
cedent rainfall. No habitable structures shall be con-
structed within this floodway, however, streets and park-
ing or playground areas and utility easements shall be
considered compatible uses.
Design of this floodway system shall also take into
consideration control of storm water velocity to pre-
vent erosion or other damage to the facility which will
restrict its primary use. Depths of flow shall be kept
to a minimum and retention of channel configurations
shall be totally under municipal control. In the event
that the area within this "by-pass" channel is reshaped
or restricted for use as a floodway the municipality
will cause to have any restrictions removed at the ex-
pense of the party or parties causing said restriction.
Should the development contain an existing "natural"
waterway this land configuration shall be preserved as
part of the "by-pass" channel system. Construction of
a "low Flow" system of storm sewers to carry the minor
storm runoff and reshaping of the channel with a maxi-
mum of six (6) horizontal to one (1) vertical side
slopes and bottom of a width adequate to facilitate
maintenance and carry the flood runoff without erod-
ing velocities shall be included in the plans for land
development.
D. The required volume.for storm water detention shall be
calculated on the basis of the runoff from a 100 year
frequency rainfall of any duration as published by a
recognized agency. This volume of storage shall be pro-
vided for the fully developed watershed that is tribu-
tary to the area designated for detention purposes.
The storm water release rate shall be considered when
calculating the storm water storage capacity and the
control structure designed to maintain a relatively
uniform flow rate regardless of the depth of storm
water in the storage area.
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E. Dry bottom storm water storage areas shall be designed
to serve a secondary purpose for recreation, open space
or other types of uses that will not be adversely affect-
ed by occasional or intermittent flooding. A method
of carrying the low flow through these areas shall be
provided in addition to a system of drains, and both
shall be provided with a positive gravity outlet to
a natural channel or storm sewer with adequate capacity
as described in paragraph 2.
The combination of storage of the water from a 100 year
storm and the design release rate shall not result in
a storage duration in excess of 72 hours. Maximum depth
of planned storm water storage shall not exceed four (4)
feet unless the existing natural ground contours and
other conditions lend to greater storage depth, which
shall be approved by the municipality. Minimum grades
for turf areas shall be two (2) per cent and maximum
slopes shall be 10 per cent (10 units horizontally to
one (1) vertically). Storage area side slopes shall
be kept as close to the natural land contours as prac-
tical and a 10 per cent slope or less shall be used
wherever possible. If slopes greater than 10 per cent
are necessary to meet storage requirements or area re-
strictions, approval shall be obtained from the muni-
cipality and suitable erosion control provided in addi-
tion to the protection required to insure public health,
safety and welfare.
Outlet control structures shall be designed as simply
as possible and shall require little or no attention
for proper operation. Each storm water storage area
shall be provided with a method of emergency overflow
in the event that a storm in excess of the 100 year
frequency storm occurs. This emergency overflow facil-
ity shall be designed to function without attention and
shall become part of the "natural" or surface channel
system described in paragraph 4. Hydraulic calculations
shall be submitted to substantiate all design features.
Both outlet control structures and emergency overflow
facilities shall be designed and constructed to fully
protect the public health, safety and welfare. Storm
water runoff velocities shall be kept at a minimum and
turbulent conditions at an outfall control structure
will not be permitted without complete protection for
the public safety. The use of restrictive fences shall
be kept to a minimum and used only as a last resort
when no other method is feasible.
F. Wet bottom storm water storage areas shall be designed
with all of the items required for dry bottom storm
water storage areas except that a low flow conduit and
a system of drains with a positive gravity outlet shall
be eliminated. However, the following additional con-
ditions shall be complied with:
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a. Water surface area shall not exceed 1/10 of
the tributary drainage area.
b. Shoreline protection shall be provided to pre-
vent erosion from wave action.
c. Minimum normal water depth shall be four (4)
feet. If fish are to be used to keep the
pond clean, a minimum of % of the pond area
shall be a minimum of 30 feet deep.
d. Facilities shall be available, if possible,
to allow the pond level to be lowered by
gravity flow for cleaning purposes and shore-
line maintenance.
e. Control structures for storm water release
shall be designed to operate at full capa-
city with only a minor increase in the water
surface level. Hydraulic calculations shall
be submitted to substantiate all design fea-
tures .
f. Aeration facilities to prevent pond stagna-
tion shall be provided. Design calculations
to substantiate the effectiveness of these
aeration facilities shall be submitted with
final engineering plans. Agreements for the
perpetual- operation and maintenance of aera-
tion facilities shall be prepared to the
satisfaction of the municipality.
g. In the event that the water surface of the
pond is to be raised for purposes of storing
water for irrigation or in anticipation of the
evapotranspiration demands of dry weather, the
volume remaining for storage of excess storm
water runoff shall still be sufficient to con-
tain the 100 year storm runoff.
G. Paved surfaces that are to serve as storm water storage
areas shall have minimum grades of one (1) per cent and
shall be restricted to storage depths of one (1) foot
maximum. Rooftop storage shall be designed with per-
manent-type control inlets and parapet walls to contain
runoff on the rooftop. Emergency overflow areas shall
be provided to insure that the weight of water stored
will not exceed the structural capacity of the roof.
Release rates and storage volume requirements for paved
storage areas remain the same as outlined in paragraphs
2 and 3. If a portion of an area within a storm water
storage area is to be paved for parking or recreational
purposes, the paved surface shall be placed at the high-
est elevation within the storage area as possible. Max-
imum parking lot grades shall not exceed normal design
parameters of three (3) to five (5) percent.
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H. Where developments form only a portion of a watershed
or contain portions of several watersheds, the require-
ment for providing storage shall be based upon the pro-
portion of the area being developed as compared to the
total watershed tributary to the storage area. Compen-
sating storage will be acceptable whenever it is justi-
fied and feasible. As a watershed is developed with
a series of storm water storage facilities, due consi-
deration will be given for calculation of the allowable
release rate and capacity of the "natural" or surface
channel system as described in paragraph 4.
I. Plans, specifications and all calculations for storm
water runoff control as required hereunder shall be
submitted to the City of Naperville for review and ap-
proval prior to the approval of a final plat, in the
case of subdivisions and planned unit developments, or
issuance of a building permit, in the case of commercial
or industrial construction.
J. Where development of a property presents the threat of
flooding or damage by flash runoff to downstream resi-
dents , the facilities for storm water runoff control
shall be constructed prior to any earthmoving or drain-
age construction on the project site.
K. The construction of the storm water control system shall
be accomplished as part of the cost of land development.
If the amount of storage capacity can be increased to
provide benefit to the municipality, negotiations for
public participation in the cost of development may be
feasible.
L. The ability to retain and maximize the ground water re-
charge capacity of the area being developed is encouraged.
Design of the storm water runoff control system shall
give consideration to providing ground water recharge
to compensate for the reduction in the percolation that
occurs when the ground surface is paved and roofed over.
Specific design calculations and details shall be pro-
vided with the final plans and specifications presented
for municipal review. The use of natural gravel deposits
for the lower portions of storm runoff storage areas,
the flattening of drainage slopes and the retention of
existing topography are examples of possible recharge
methods.
M. During the construction phases of land development facili-
ties shall be provided to prevent the erosion and washing
away of the earth. Silting of downstream areas can be
prevented through the strategic use of stilling basins,
sodding of runoff channels, and by limiting the period
of time during which the earth is stripped of vegetation.
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N. Final engineering plans shall show complete details
for all of the items covered in this ordinance and
shall be submitted for review and approved prior to the
start of construction.
12.903 - Penalties; Any person, firm or corporation violating any pro-
vision of this article shall be fined not more than $500.00
for each offense and a separate offense shall be deemed com-
mitted on each day a violation continues.
Section 2; That except for the amendment to the code as herein provided,
all other provisions for the Municipal Code of Naperville of 1960 as amended shall
remain in full force and effect.
Section 3; This ordinance shall take effect and be in full force from
and after its passage and approval and publication in pamphlet form.
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(EXCERPT)
APPENDIX A-2
Proposed 3-11-74
ENVIRONMENTAL ORDINANCE
TITLE
AN ORDINANCE TO ESTABLISH PROTECTIVE REGULATIONS FOR DEKALB COUNTY'S
SOILS, TOPOGRAPHY, VEGETATION, DRAINAGE SYSTEM, FLOODPLABfS, AND FOR OTHER
PURPOSES.
Be it ordained by the Board of Commissioners of DeKalb County, Georgia,
and it is hereby ordained by the authority of same,that Part II of the Code of
DeKalb County be amended by adding Article
Sec. 1. Purposes.
The purpose of this Ordinance is to assist in the preservation and protec-
tion of the natural environment by:
(a) Regulating the alteration of land and topography.
(b) Regulating the removal of vegetation.
(c) Specifying standards for drainage system construction.
(d) Requiring erosion and sedimentation control.
(e) Assuring the continued, efficient operation of the drainage system.
(f) Protecting County streams and flood plains from substantial altera-
tion of their natural functions.
Sec. 2. Definitions.
For the purpose of this Ordinance, the following definitiona shall apply:
(1) Words used in the singular shall include the plural, and the plural
the singular; words used in the present tense shall include the fu-
ture tense.
(2) The word "shall" is mandatory and not discretionary.
(3) The word "may" is permissive.
(4) The phrase "used for" shall include the phrases "arranged for," "de-
signed for," "intended for," "maintained for," and "occupied for."
(5) The word "structure" includes the word "building".
(6) Words not defined herein shall be construed to have the meaning given
by common and ordinary use as defined by Webster's Third New Interna-
tional Dictionary, copyright 1970.
481
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"As Built" drawings: drawings specifying the dimensions, capacities, and
operational capabilities of structures and facilities as they have been con-
structed.
Available Head: That depth of water which is present at the entrance to
the pipe during a 100-year storm.
Bond: A legal instrument which specifies that funds are being held in es-
crow in accordance with standard bonding conditions by a state approved bonding
institution or by DeKalb County as required from developers to assure compliance
with the provisions of this Ordinance.
Construction: Any building or erection of a structure or preparation for
same.
Design Head: The depth of water at the entrance to the pipe that was used
in design to force a rate of flow through the pipe needed in the design.
Developer: Any person who acts in his own behalf or as the agent or an
owner of property and engages in alteration of land or vegetation in prepara-
tion for construction activity.
Development: Any activity which results in an alteration of either land
or vegetation.
Drainage: A general term applied to the removal of surface or subsurface
water from a given area either by gravity or by pumping; commonly applied herein
to surface water.
Drainage System: The surface and subsurface system for the removal of
water from the land, including both the natural elements of streams, marshes,
swales and ponds, whether of an intermittent or continuous nature, and the
man-made element which includes culverts, ditches, channels, retention facili-
ties, and the storm sewer system.
Erosion; The general process whereby soils are moved by flowing surface
or subsurface jwater.
Exceptional and Historical Trees: Those trees or stands of trees that are
exceptional representatives of their species in terms of size, age, or unusual
botanical quality; or are associated with historically notable events.
Flood: A temporary rise in the level of water which results in inundation
of areas not ordinarily covered by water.
Flood Hazard tfap: The official County map 'designating the elevation and
boundaries of flooding under Intermediate Regional Flood conditions
Intermediate Regional Flood Plain: The land area adjoining a river, stream,
watercourse or lake which has the probability of being flooded up to and includ-
ing the Intermediate Regional Flood.
Intermediate Regional Flood: A 100 year frequency flood which has the
probability of occurring once every 100 years (which has a one percent chance
of occurring each year.)
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Live Retention: That quantity of water capable of being effectively con-
tained by a designed facility for a specified period of time.
Owner; The person in whom is vested the ownership, dominion, or title of
property; proprietor. This term shall also include a tenant, and any agent of
the owner or tenant including a developer.
Person: Any human being, firm, partnership, association, corporation, or
governmental entity.
Reach: A longitudinal segment of a stream or river measured along speci-
fied points on the stream or river.
Retention Facility; A facility which provides for storage of storm water
runoff and controlled release of this runoff during and after a flood or storm.
Runoff: The portion of precipitation on the land which reaches the drain-
age system.
Runoff rate coefficient: The numerical factor which, when multiplied with
the average slope for a particular site, will give the release rate of water
from that site.
Scenic Tree Zone; All land located (a) in the Intermediate Regional Flood
Plan, (b) in "natural areas" as designated in the DeKalb Comprehensive Plan and
(c) up to 150 feet from "scenic roads" as designated by the Board of Commission-
ers.
Sedimentation; The processes that operate at or near the surface of the
ground to deposit soils, debris and other materials either on other ground sur-
faces or in water channels.
Soils: The upper layer of earth which may be dug or plowed; the loose
surface material of the earth in which vegetation normally grows.
Stand of trees: A group of trees in close proximity in a continuous area.
Static Head: The depth of water at the entrance to the culvert when the
depth is greater than the diameter of the pipe.
Stream: A natural body of running water flowing continuously or intermit-
tently in a channel on or below the surface of the ground.
Structure: Anything constructed, or erected, the use of which requires a
location on the ground, or attached to something having a location on the ground,
including but not limited to, tennis courts, fences, swimming pools and buildings.
Tree: Any woody plant that has a single or combined trunk with a caliper
(diameter) of eight or more inches (8") five feet (51) above the ground and a
flowering ornamental tree having a caliper of two or more inches (2") five feet
(51) above the ground.
Tree Crown: The outside diameter of a tree's branches.
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Tree Permit; The written consent issued by the Development Director au-
thorizing the removal of trees as provided herein.
Vegetation: All plant growth, especially trees, shrubs, mosses and grasses.
Sec. 3. Development Standards.
A. General Requirements.
All persons proposing development or construction on property located in
DeKalb County shall be required to:
(1) Submit required information concerning clearing, grubbing, grading,
vegetation preservation, erosion and sedimentation control, drainage
improvements, maintenance of the Intermediate Regional Flood Plain
and maintenance of retention facilities upon project completion
(2) Furnish a bond to be retained by the County until one year's time
after completion of development or construction to assure compliance
with the provisions of this Ordinance.
(3) Conduct development, construction, and maintenance activities in ac-
cordance with approved plans and the requirements of this Ordinance.
B. Preparation of Grading, Vegetation, Drainage, and Erosion and Sediment Con-
trol Plans.
Site and construction plans shall be submitted for the Development Director's
review showing compliance with applicable provisions before issuance of a develop-
ment or building permit.
These shall show:
(1) Stands of existing trees as they are to be preserved upon project com-
pletion, specifying their locations on the property. A differentia-
tion shall be made between hardwoods and softwoods in the identifica-
tion of preserved trees. Differentiation shall also be made between
existing trees to be preserved and proposed planted trees. Informa-
tion shall be supplied concerning the proposed1 destruction of histor-
ical or exceptional trees where these exist.
(2) Plans for meeting the grading, drainage, and erosion and sediment con-
trol provisions of this Ordinance shall be formulated and implemented
under the engineering supervision of a currently State registered en-
gineer.
(3) An engineering report dealing with applicable provisions of this Ordi-
nance clearly setting forth the scope of the engineering problem, the
proposed solutions, and pertinent calculations.
(4) An engineering hydraulics analysis of storm water runoff under exist-
ing site conditions, under proposed developed site conditions, and a
detailed evaluation of the projected effects on property adjoining the
site and on existing drainage facilities and systems. Such analysis
484
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shall include a determination of the channel cross section area re-
quired to carry the affected stream at the Intermediate Regional Flood
stage level within 500 feet of any stream for which an Intermediate
Regional Flood Plain has been identified.
(5) The projected sequence of work represented by the grading, drainage,
and erosion and sediment control plans as related to other major
items of construction.
(6) Delineation of the boundaries and elevations of the Intermediate Re-
gional Flood Plains for streams draining in excess of 100 acres. The
Intermediate Regional Flood contour elevation shall be established
by engineering field surveys and clearly designated on each site plan
and subdivision.plat affected by a flood plain drainage easement. In
such cases, the actual building site in relationship to the flood
plain drainage easement shall be shown.
(7) All engineering design items for storm drainage and erosion control,
and delineation of the location of the Intermediate Regional Flood
Plains shall meet the applicable minimum requirements of published
design standards of DeKalb County, available upon request from the
Development Department. Rainfall intensities used in hydrologic com-
putations shall not be less than that shown by applicable rainfall
curves published by the National Weather Service.
(8) Upon project completion, "as built" drawings, certified by the profes-
sional engineer as to compliance with the approved plan?, shall be
furnished to the Development Director.
C. .Standards.
(1) Development shall be accomplished so as to minimize adverse effects
upon the natural or existing topography and soil conditions and mini-
mize the potential for erosion. No site shall be graded except in ac-
cordance with approved plans to meet foundation, parking and the drain-
age requirements of this ordinance.
(2) Plans for development and construction shall minimize cut and fill
operations. Construction and development plans calling for excessive
cutting and filling may be refused a permit by the Development De-
partment if it is determined that the land uses permitted by the ap-
plicable zoning district could be supported with less alteration of
the natural terrain.
(3) During development and construction, adequate protective measures
shall be provided to minimize damage from surface water to the cut
face of excavations or the sloping surfaces of fills.
(4) Fills shall not encroach upon natural water courses, their flood
plains, or constructed channels in a manner so as to adversely af-
fect other properties.
(5) Land shall be developed in increments of workable size which can be
completed during a single construction season. Erosion and sediment
control measures shall be coordinated with the sequence of grading,
485
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development and construction operations. Control measures such as
hydro-seeding, berms, interceptor ditches, terraces, and sediment
traps shall be put into effect prior to the commencement of each in-
crement of the development/construction process.
(6) Sediment basins (debris basins, desilting basins, or silt traps) shall
be installed in conjunction with the initial grading operations and
maintained through the development process to remove sediment from run-
off waters draining from land undergoing development.
(7) Existing trees shall not be cut or otherwise damaged or destroyed
within portions of property to be used for required open space, set-
back, or buffer requirements of the DeKalb County Zoning Ordinance.
Site development shall be accomplished so that significant stands of
trees containing five or more hardwoods or fifteen or more softwoods;
and exceptional or historical trees are preserved.
(8) Damage to vegetation on stream banks shall be minimized such that all
living trees shall be retained within the boundaries of the Interme-
diate Regional Flood Plain and within five feet on each bank of any
stream for which an Intermediate Regional Flood Plain has not be iden-
tified. Exceptions to this may include road and utility right of ways,
stream retention ponds, and related drainage improvements meeting the
flood plain utilization standards of this Ordinance.
(9) In cases where retention of natural trees would create unusual hard-
ship or development problems in open space, setback, and buffer areas,
planted trees may be required. The Development Department Director
or his designee shall determine when such hardship or development
problem exists and may designate that certain areas be replanted in
lieu of perserving existing trees.
(10) No paving with concrete, asphalt, or other impervious material within
the tree crown zone of trees to be preserved shall be allowed.
(11) Soil and other materials shall not be temporarily or permanently stored
in locations which would cause suffocation of root systems of trees to
be preserved.
(12) The permanent vegetation shall be installed on the construction site
as soon as utilities are in place and final grades are achieved.
(13) The paving of streets, parking lots, and other areas shall be com-
pleted in conjunction with final grading for these. Final grading and
removal of vegetation shall not occur more than 30 days prior to sche-
duled paving.
(14) Upon direction from the Development Department, property owners may
be required to treat or remove trees suffering from transmittable
diseases or pests or allow the County to do so, charging the actual
cost thereof to the property owner. The Development Department may
not require the removal of trees except for the reasons of disease,
infestation and danger of falling.
486
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(15) No person shall remove or cause to be removed any exceptional or his-
torical tree nor any tree located in a scenic tree zone without hav-
ing obtained a tree permit from the Development Department for the
removal of such tree or trees. A tree permit is not required for trees
ordered removed by the Development Department.
(16) A combination of storage and controlled release of storm water runoff
shall be required for all development and construction.
(17) The release rate of storm water from all developments shall not ex-
ceed the storm water runoff from the area in its natural undeveloped
state for all intensities and durations of rainfall. The carrying
capacity of the channels immediately downstream must be considered
in determining the amount of the release. The County will accept a
release rate not greater than that calculated from a storm of two (2)
year frequency with a runoff rate coefficient of 0.20, 0.25, and 0.35
for land with an average slope of up to 2 percent, 2-7 percent, and
over 7 percent respectively.
(18) The drainage system being developed shall have adequate capacity to
bypass through the development the flow from all upstream areas for
a storm of ten (10) year design frequency for the land upstream under
existing development. The bypass flow rate shall be not less than
the 10 year flow rate of record or computed using a runoff coefficient
of not less than 0.50.
(19) The live retention storage to be provided shall be calculated on the
basis of the 100-year frequency rainfall as published by the National
Weather Service for the affected area. The retention volume required
shall be that necessary to handle the runoff of a 100-year rainfall,
for any and all durations, from the proposed development less that
volume discharged during the same duration at the approved release
rate as specified above.
(20) All free flowing storm drainage systems shall be designed to accommo-
date the runoff generated by a 100-year design storm without creating
static head at the entrance, and to accommodate the runoff generated
by a 100-year design storm utilizing the available head at the en-
trance.
(21) When the County determines that development and construction projects
are too small, or engineering, aesthetic, and economic factors make
combined retention or other drainage facilites more practical for
construction by the County, the County shall require a fee or equiv-
alent dedication of land which the County shall use to construct these
facilities. The County may permit several developers to construct
joint facilities. The Development Director shall approve or disap-
prove the waiver of on-site drainage or retention facilities on the
basis of the engineering feasibility of a combined facility. The
Development Director shall not accept a fee or dedication of land
less than (a) the proportionate share for that piece of property
in its developed state and (b) the present costs of constructing such
drainage or retention facilities.
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(22) The County shall have the prerogative of determining the acceptability
of alternative methods of storm water retention based on appropriate
engineering studies. Well maintained and landscaped lakes may be
provided to act jointly as retention reservoirs and recreation facili-
ties or aesthetic focal points within forest preserve areas, County
or private parks, housing developments, shopping centers and industrial
parks. Other control methods to regulate the rate of storm water dis-
charge which may be acceptable include retention on flat roofs, park-
ing lots, streets, lawns, underground storage and oversized storm
drains with restricted outlets.
(23) Retention facilities and drainage structures shall, where possible,
use natural topography and natural vegetation. In lieu thereof these
shall have planted trees and vegetation such as shrubs and permanent
ground cover on their borders. All on-site facilities shall be pro-
perly maintained by the owner such that they do not become nuisances.
Nuisance conditions shall include: improper storage resulting in un-
controlled runoff and overflow; stagnant water with concomitant algae
growth, insect breeding and odors; discarded debris; and safety
hazards created by the facility's operation. DeKalb County shall
maintain all common and public retention ponds and facilities.
(24) All runoff control structures located on private property whether
dedicated to the County or not shall be accessible at all times for
County inspection. Where runoff control structures have been ac-
cepted by the County for maintenance, access easements shall be pro-
vided.
(25) No impoundment of storm water which retains in excess of 0.5 acre feet
shall be removed without first obtaining a permit from DeKalb County.
(26) Alteration of land in existing developed areas shall be conducted in
such a manner that changes in patterns of natural drainage shall not
adversely affect other landowners. This shall prohibit alteration
of a natural or public drainageway and no restrictions or barriers
including fences, may be placed in these drainageways or flood plains
without first obtaining a permit from DeKalb County.
(27) No construction materials or construction by-products shall be discard-
ed in any drainageway or stream.
(28) No permanent structures shall be located within the Intermediate Re-
gional Flood Plain boundaries other than those facilities required
and approved by the County which will not conflict with the hydro-
logic design characteristics of the approved development and construc-
tion plans. Land within the Intermediate' Regional Flood Plain bounda-
ries may be used to meet setback, yard, open space, and buffer re-
quirements of the DeKalb County Zoning Ordinance.
(29) Land uses within the Intermediate Regional Flood Plain shall not ad-
versely diminish or restrict the capacity of the channels or flood-
plains of the stream, its tributaries, drainage ditches, or any other
drainage facilities or systems and shall not increase the velocity
or concentration of flow in downstream areas.
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(30) In residential districts not less than 70 percent of the maximum lot
area as established by the applicable zoning district development
standards shall be above the Intermediate Regional Flood contour ele-
vation, with the exception that lots in the R-150 district shall con-
form to requirements of the R-100 district; the distance between the
Intermediate Regional Flood contour elevation and any part of the
dwelling unit shall be not less than 40 feet.
(31) Alteration of the natural terrain of the Intermediate Regional Flood
Plain including clearing, grubbing, grading shall be illegal without
a development permit issued by the Development Department.
(32) All buildings located adjacent to the Intermediate Regional Flood
Plain shall be constructed so that all portions of the structure,
including the basement floor or crawl areas, shall be not less than
three feet above the Intermediate Regional Flood elevation; however,
structural support units may be located within the Intermediate Re-
gional Flood Plain provided they do not conflict with the hydrologic
design characteristics of the approved plans and do not conflict with
the other requirements of this Ordinance.
(33) The profile elevation of the centerline of all public streets shall be
constructed a minimum of one foot above the Intermediate Regional
Flood contour elevation. Exceptions to this provision may be granted
by the Roads and Drainage Director or his designee, in cases where
the construction of the street elevation below the Intermediate Re-
gional Flood contour elevation would improve drainage or reduce the
effects of flooding.
(34) Structural storage facilities for chemicals, explosives, buoyant
materials, flammable liquids or other toxic materials which could be
hazardous to public health, safety, and welfare, shall be located in
a manner which will assure that the facilities are situated at eleva-
tions above that of the Intermediate Regional Flood Plain.
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APPENDIX A-3
MARION COUNTY ORDINANCE NO. 73 - 9
AN ORDINANCE TO REGULATE DEVELOPMENT OF LAND IN THE UNINCORPO-
RATED AREA OF MARION COUNTY, FLORIDA, ALONG A PORTION OF THE
RIVER KNOWN AS BLUE RUN; PROVIDING DEFINITIONS FOR THE CERTAIN
WORD OR WORDS USED HEREIN; SETTING FORTH THE RECOGNITION OF THE
ORDINARY HIGH WATER LINE AS ESTABLISHED BY THE BOARD OF TRUSTEES
OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA
ALONG BOTH SIDES OF THE SOVEREIGN WATER BODY KNOWN AS BLUE RUN;
RECOGNIZING AND ESTABLISHING FLOOD PLAIN CONTROL ELEVATIONS BE-
LOW WHICH DEVELOPMENT IS PROHIBITED OR RESTRICTED; REQUIRING
SPECIAL PERMITS FOR ANY DEVELOPMENT WITHIN THE 25 YEAR AND 100
YEAR FLOOD PLAIN ELEVATIONS; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The Marion County Zoning Board has recommended to the Board of
County Commissioners of Marion County, Florida, that this ordinance be adopted
to regulate development of land in the unincorporated area of Marion County,
Florida, along a portion of the river known as Blue Run in order that the water
quality of the river may be protected, and
WHEREAS, the Board of County Commissioners of Marion County, Florida, has
conducted public hearings to determine how best to protect the water quality of
Blue Run, and
WHEREAS, it is the conclusion of the Board of County Commissioners of Marion
County, Florida, that the runoff of surface storm water into Blue Run is the
largest contributing factor to high water turbidity and unfavorable change to
the present ecology of Blue Run, and
WHEREAS, it has been determined by the Board of County Commissioners of
Marion County, Florida, that the health, safety and welfare of the general pub-
lic will be best served and the environment of Marion County, Florida, will be
best protected by the adoption of this ordinance, and
WHEREAS, Chapter 125, Florida Statutes grants powers to the Board of County
Commissioners of Marion County, Florida, to adopt and enforce building, housing,
and related technical codes and regulations.
NOW, THEREFORE, be it ordained by the Board of County Commissioners of
Marion County, Florida, that;
SECTION 1. DEFINITIONS
When appearing in this ordinance the following word or words shall be in-
terpreted as indicated unless the context clearly indicates otherwise;
BLUE RUN That certain river also known as Rainbow Run or Rainbow River
which originates and has as its primary source the natural
springs known as Rainbow Springs located approximately at the
center of the East line of Section 12, Township 16 South,
Range 18 East, in Marion County, Florida, and terminating, as
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SECTION 2. SPECIAL REQUIREMENTS
2.1 No storm drainage facilities, construction of any type, earth excava-
tion or filling, or land clearing shall be permited on any Uplands
from which surface storm water runoff naturally drains directly into
Blue Run, until a special permit is ussed by the Board of County
Commissioners of Marion County. The special permit shall be issued
upon the approval of drainage plans showing that surface storm water
runoff from the land during and after development will be adequately
disp |