ROCKY MOUNTAIN - PRAIRIE REGION
REGION VIII
LAND USE REPORT
DECEMBER 1, 1972
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n
iU<
c I
LAND USE REPORT
Prepared by the Region VIII YAB
Land Use Task Force
December 1, 1972
Research
Dave Shanks
Pete Kolbeck
Duane Holmes
Editing
Larry Harlow
Pete Kolbeck
Dave Shanks
Proj ect
Direction
Larry Harlow
Part I. Region VIII EPA Part II. Other Federal Agencies
Pete Kolbeck Dave Shanks
Part III. Region VIII States
Dave Shanks
Larry Harlow
Views and opinions expressed in this report do not necessarily re-
flect the views or policies of the Region VIII Environmental Protection
Agency.
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THIS REPORT HAS BEEN ENDORSED BY THE REGION VIII YOUTH ADVISORY
BOARD
For information regarding
this report, please contact:
Mr. Larry Harlow
U. S. Environmental
Protection Agency
Suite 900, 1860 Lincoln St.
Denver, Colorado 80203
(303)837-3878
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ACKNOWLEDGMENTS
The cooperation, assistance and support of many individuals
and organizations was essential to the completion and comprehen-
siveness of this Land Use Report. Many who sould be mentioned
here cannot be because of time restrictions and space limitations.
The Colorado Open Space Council has been especially coopera-
tive to the Land Use Task Force members. COSC loaned us materials
that were instrumental in the writing of the Colorado report in
Part III. Rick Hoadley of the Rocky Mountain Center on the
Environment was also most helpful in the completion of the
Colorado report.
Agencies in each of the six states that comprise Region
VIII cooperated with our efforts to evaluate land-use within
their states and, in most cases, were candid in their responses
to our repeated inquiries. To those individuals we contacted
in state governments throughout the region, we would like to
express our great appreciation.
Special thanks must go to Jim Monaghan, who is a former
Region VIII YAB member and who was the first Region VIII YAB
National Land Use Task Force Representative. Jim gave the
Land Use Report its initial impetus, and he was the principal
author of the Land-Use Questionnaire that was distributed with-
in the Region VIII EPA Headquarters in Denver. His contribu-
tion will be essential to any recognition this report receives.
Federal personnel in the Federal agencies discussed in
this report, and personnel in other agencies not included in
Part II, were most cooperative. Of course, of special signifi-
cance was the complete cooperation and assistance of EPA person-
nel in the Region VIII Denver Headquarters, who tolerated what
at first may have been regarded as our intrusion into their
offices; and who, with good nature and keen interest, also are
examining and tolerating our criticisms of the land-use impacts
of their programs. In this regard, we would like to express
our greatest appreciation to John A. Green, the Regional Ad-
ministrator, for his unqualified support and assistance.
Without his support and interest, this report never could have
begun, nor could it have been completed.
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TABLE OF CONTENTS
Summary of Recommendations . . i
PART I - REGION VIII EPA
CHAPTER I. GENERAL 1
1. History 1
2. Scope of the Report 2
3. Conclusions , 3
CHAPTER II. ADMINISTRATIVE RECOMMENDATIONS 5
1. General 5
2. Land-Use Office: Primary Responsibilities . . 6
3. Land-Use Office: Secondary Responsibilities . 6
4. Land-Use Office: Objectives 7
5. Flow Chart 8
CHAPTER III. AIR POLLUTION CONTROL PROGRAMS 9
1 1 Q
2! The Clean Air Act of*1970 11
3. The EPA's Air Implementation Plan
Preparation Guidelines 21
4. New Source Performance Standards 31
5. Air Program Grants 32
CHAPTER IV. WATER POLLUTION CONTROL PROGRAMS 35
1. General 35
2. EPA-HUD Agreement .35
3. Section 7 Grants 41
4. Section 8 Grants 43
5. Section 3 Grants 50
CHAPTER V. ENVIRONMENTAL IMPACT STATEMENT REVIEW .... 55
1. General 55
2. Environmental Impact Statement Review ..... 56
3. Environmental Impact Statement Preparation . . 61
CHAPTER VI. OFFICE OF FEDERAL ACTIVITIES, ........ 63
1. General . . . . ... ; . . . .63
2. Technical Review and Assistance . . . . . s. . . 63
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CHAPTER VII. PLANNING AND EVALUATION 67
1. General 67
2. The Planning Process 67
3. The Evaluation Process 68
CHAPTER VIII. SOLID WASTE PROGRAMS 70
1. General . 70
2. Solid Waste Planning Grants 70
3. Solid Waste Disposal on Federal
Installatons ..... 72
CHAPTER IX. PESTICIDE PROGRAMS 73
1. General .73
2. Pesticide Pollution Control Programs .... 74
CHAPTER X. NOISE PROGRAMS 7 7
1. General 77
2. Land-Use Impact of Noise Program 77
ADDENDUM. POPULATION PROJECTIONS 79
Appendix I. EPA-HUD Interagency Agreements i
Appendix II. Guidelines for Preparation of
Environmental Assessments x
Appendix III. Big Sioux Case Study xliv
Appendix IV. Castlewood Dam Project Case Study .... lxiii
Appendix V. Centennial Valley Project Case Study .... lxxi
Appendix VI. Questionnaire Responses from R/A
and Deputy R/A lxxviii
Appendix VII. NLUTF Denver Outline for Land-Use
Study lxxxii
PART II. OTHER FEDERAL AGENCIES
Introduction 82
CHAPTER I. BUREAU OF LAND MANAGEMENT IN REGION VIII . . 83
1. General 83
2. Grazing 84
3. Mineral Development 85
3.1 Powder River Coal Development 86
3.2 Oil Shale Development 90
4. The 1872 Mining Act 95
5. Land-Use Planning Process 96
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6. Outdoor Recreation 98
7. Forestry 100
CHAPTER II. FOREST SERVICE IN REGION VIII 101
1. General . . . 101
2. Timber 103
3. Forage 107
4. Wildlife 108
5. Watershed 108
6. Recreation 109
7. Minerals Ill
8. Wilderness 112
9. Multiple-Use Planning Process 112
10. Environmental Impact Statements 115
CHAPTER III. PARK SERVICE IN REGION VIII 117
1. General 117
2. Automobile Use In National Parks 118
3. Recreational Use vs. Wilderness
Preservation 120
4. Forest Fire Control 122
5. Environmental Problems: Flouride 123
CHAPTER IV. SOIL CONSERVATION SERVICE IN REGION VIII . . 128
1. General 128
2. Resource Conservation and Development
Projects 128
3. The Great Plains Program 130
CHAPTER V. AGRICULTURAL STABILIZATION AND
CONSERVATION SERVICE IN REGION VIII .... 133
1. General 133
2. The Rural Environmental Assistance Program . 133
3. The Set-Aside Program 134
PART III. REGION VIII STATES
Introduction 137
CHAPTER I. COLORADO 138
1. General 138
2. Population 138
3. Urbanization 139
4. Recreation - Tourism 150
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5. Transportation 154
6. Energy 158
7. Agriculture 161
8. Land Erosion 161
9. The Colorado Land Use Commission 162
Appendix I. Federal Land In Colorado
Appendix II. State Agencies
CHAPTER II. MONTANA 178
1. General 178
2. Land-Use Laws 179
3. Water Resources 181
4. Powder River Basin Coal Development .... 182
5. Other Mineral Development 184
6. Timber Production 186
7. Outdoor Recreation 187
8. Agriculture 191
9. Urbanization 192
Appendix. Montana Floodway Management and
Regulation Act
CHAPTER III. WYOMING 193
1. General 193
2. Agriculture 194
3. Mineral Extraction 197
4. Recreation 201
5. Transportation 205
6. Water Development 206
7. Urbanization 208
8. Department of Economic Planning
and Development 211
9. Other Problems and Programs 212
CHAPTER IV. UTAH 215
1. General 215
2. Land-Use Problems 215
3. Land-Use Planning 217
CHAPTER V. SOUTH DAKOTA 219
1. General 219
2. Land-Use Problems 219
3. Land-Use Planning 222
CHAPTER VI. NORTH DAKOTA 224
1. General 224
2. Land-Use Problems 224
3. Land-Use Planning 225
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SUMMARY OF RECOMMENDATIONS
Chapter II. Administrative Recommendations
1. A Land-Use! Office should be located within the
Office of the Assistant Regional Administrator for Planning
and Evaluation. (See pp. 5-8.)
Chapter III. Air Pollution Control Programs
1. The EPA should thoroughly evaluate the land-use
ramifications of its promulgation of standards and pro-
cedures and then develop a set of land-use priorities
which could work in conjunction with air quality require-
ments. This could be justified on the grounds that the
EPA has the authority and responsibility to protect the
total environment. (p. 30)
2. The EPA should consider all complex air pollution
sources (parking lots, shopping centers, stadiums, etc.)
in any air quality control plan, especially with regard
to the new source site selection permit procedure. (p. 30)
3. The EPA should require those Air Quality Control
Regions which will not meet the standards by 1975 to in-
corporate land-use controls into their control strategies,
(p. 31)
4. The Region VIII EPA should evaluate the land-use
impact from the enforcement of new source performance
standards in the Region, especially with regard to new
power plants. (p. 32)
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5. Since the air implementation plans impact land-use
in several important ways, and since the air program grants
serve to enact the implementation plans, the EPA should re-
quire applicants with jurisdiction over Priority I areas
to be more specific in describing what they propose to do;
and, where necessary, the EPA should require the applicants
to delineate proposed land-use and transportation controls
and planning (especially Denver and Salt Lake City). (p. 34)
Chapter IV. Water Pollution Control Programs
1. The EPA should reevaluate its priorities of resource
allocation to comply with the agency's mandates and agree-
ments. (p. 41)
0
2. The EPA should provide the planning branch with
the manpower necessary to review HUD Comprehensive Planning
Grants (701 Grants). (p. 41)
3. The EPA should reevaluate its Region VIII agreement
with HUD and develop a more detailed process for implement-
ing the requirements of the agreement. (p. 41)
4. The EPA should explicitly define the conditions for
waivers to the agreement requirements and then rigorously
enforce these conditions. (p. 41)
5. The EPA should evaluate the states work plans ac-
cording to the EPA's Water Quality Management Planning
general guidelines and require the states, where definite
planning is being done, to prepare an environmental assess-
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ment on the proposed implementation of such planning. (p. 42)
6. The EPA should determine if a state's construction
grant priority criteria is consistent with state, local,
and regional land-use plans and objectives. (p. 43).
7. The EPA should provide the regional planning branch
with more personnel to assist the states with their plan-
ning requirements. (p. 49)
8. The EPA should develop a set of land-use priorities
and guidelines with which to judge the total environmental
acceptability of proposed wastewater treatment projects. (p.
9. The EPA should write more environmental impact
statements on proposed treatment grants. (p. 49)
10. The EPA should require applicants (for Section 8
grants) to furnish more complete and detailed descriptions
of the environmental impact of their proposed projects.
This could be accomplished if the EPA would simply enforce
their own interim guidelinies for Preparation and Review
of Environmental Assessments for Municipal Wastewater
Treatment Projects. (pp. 49-50)
11. The EPA should require regional and metropolitan
plans to be completed to such a degree, including alterna-
tives, that the desirability and feasibility of construc-
tion grants to areas within such planning districts may be
properly evaluated by the EPA. (p. 50)
12. The EPA should provide more money to APOs for basin
plans that also satisfy HUD comprehensive planning require-
ments. (p. 53)
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13. The EPA should increase the Region's planning
staff to assist the APOs in developing basin plans. (p. 53)
14. The EPA should constantly review the environmental
impact, as outlined in its guidelines, of any planning that
has been finished as a part of the completed basin plan. (p. 54)
15. The EPA should require the basin planning organiza-
tions to supply sufficient information in their work pro-
grams to allow the EPA to discern the general direction
that the basin planning will take (p. 54); and then
16. The EPA should make a preliminary evaluation of
the land-use effects of a basin planning grant for that
basin.
Chapter V. Environmental Impact Statement Review
1. The EPA should address more aggressively improper
land management from federal projects described in Environ-
mental Impact Statements. (p. 60)
2. The EPA should work at influencing more federal
land management agencies at the decision-making level in
order to introduce greater environmental and land-use con-
cern into the total federal land management process. (p. 60)
3. When the EPA evaluates its own proposed projects, it
should weigh equally the long-range impact of the project
with its short-term benefits in terms of pollution abate-
ment. (p. 61)
4. The EPA should consider all the land-use related
pollution problems that could result from its proposed
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projects. (p. 61).
5. The EPA should write more environmental impact
statements on its own projects. (p. 62)
Chapter VI. Office of Federal Activities
1. The Office of Federal Activities should work with
the Assistant for Planning and Evaluation to establish a
specific list of major land-use problems on federal land
within the Region, concentrating on those land-use prob-
lems that adversely affect, or are likely to adversely af-
fect, environmental quality. (p. 65)
2. The Office of Federal Activities should expand its
sphere of influence over those Federal agencies which have
jurisdiction over the land-use problems established under
Recommendation (1). (pp. 65-66)
3. The Office of Federal Activities should assist
those Federal agencies in alleviating the improper land-uses
and concurrently enhance the environmental quality of
federal land. (p. 66)
Chapter VIII. Solid Waste Programs
1. The EPA should deemphasize the sanitary landfill
as the main method of solid waste disposal and begin to
encourage states and local governments to develop compre-
hensive solid waste management plans which incorporate
several solid waste disposal methods, including (in order
of priority) a) recycling, b) composting, c) incineration,
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and d) sanitary landfills. (pp. 71-72)
2. The EPA should develop solid waste management plan-
ning guidelines to assist states and local government in
developing the type of solid waste management plan des-
cribed in Recommendation (1), above. (p. 72)
3. As provided in the Solid Waste Disposal Act, the EPA
should begin to address, in the form of technical assistance
to the states, local governments, and individuals, the
solid waste problems associated with agricultural wastes,
mine tailings, and sedimentation in general. (p. 72)
4. The Solid Waste Branch of the EPA should expand its
technical assistance to other federal agencies with special
regard to mine tailings (oil shale development) and slash
on Forest Service leases. (p. 72)
Chapter IX. Pesticides Programs
1. The EPA should provide the regional Pesticide Pro-
grams Branch with the resources that will be necessary to
thoroughly enforce the new Fdderal Environmental Pesticide
Control Act of 1972; special emphasis should be placed on
providing the staff required to monitor the use of pesti-
cides by individuals. (p. 76)
Chapter X. Noise Programs
1. The EPA Regional Noise Program should encourage
state and local governments to adopt noise legislation
which could abate noise pollution without relying upon
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or fomenting consumptive land patterns (i.e., tree belts
along highways vs. land buffer zones). (p. 78)
Other Federal Agencies; Chapter III. The Park Service
1. The Region VIII EPA should explore the extent and
the implications of flouride pollution, and formulate guide-
lines for national promulgation under Section 112 of the
Clean Air Act.
2. The Region VIII EPA should influence other Regions
to submit statements on the extent of the flouride problem in
their regions and make recommendations for consideration by
the national EPA Headquarters.
vii
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PART I. REGION VIII EPA
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1
CHAPTER I. GENERAL
1. History
a. Pursuant to the National Youth Advisory Board's
adoption of the land-use study as a national YAB project,
the Region VIII YAB established a land-use task force to
implement the proposed study.* An initial effort to define
precisely regional EPA policies and programs took the form of
a land-use questionnaire formulated by the Region VIII land-
use task force (see Appendix). The questionnaire contained
specific sections dealing with Air* Water, Solid Waste, Pesti-
cides, and Noise Pollution Control Programs. The latter sections
were directed to the appropriate members of the regional EPA
staff. These personnel also received a section containing
general observations and questions, as did the Regional Administrator,
the Deputy Regional Administrator, the Regional Assistant for
Planning and Evaluation, the Chief of Interagency Assistance and
Evaluation, and the Director of the Enforcement Branch. Responses
to the Questionnaire collectively formed the necessary basis
for subsequent in-depth research.
b. Following the evaluation of the Questionnaire and the
concurrent definition of research priorities by the land-use
*In February, a National Youth Advisory Board meeting was
held in Denver at which the regional representatives developed a
land-use study outline. This outline described the general areas
that the land-use study was to address (see Appendix).
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task force, follow-up interviews were conducted with selected
EPA personnel. Special attention was directed towards attaining
further insight from individuals in those EPA divisions or pro-
grams that appeared, from Questionnaire responses, to have a
definite effect upon land-use through their various pollution
control and abatement activities. It is on information thus
obtained that the draft final report on the Region VIII EPA's
land-use impact was based.
c. This Draft Land-Use Report was circulated for comment
throughout the Region VIII office. These comments, along with
follow-up interviews with the regional staff, were reviewed and
analyzed and then incorporated into this Final Report. It is
the hope of the Region VIII Land-Use Task Force that this report's
recommendations can and will be implemented by the EPA's Region
VIII Headquarters. The primary purpose of the report is to
convince the decision-makers in the EPA's Denver Headquarters
of the need to integrate land-use considerations into the deci-
sion-making process. The Final Report was also written for
state governments, the general public and environmentalists in
order to inform them of Region VIII EPA programs, priorities and
activities that relate to and impact land-use.
2. Scope of the Report
a. The Final Report addresses those EPA programs, as they
are conducted in Region VIII, which have a significant direct or
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indirect land-use impact. These include the Region's Air
Programs (Chapter 3), Water Programs (Chapter 4), Solid Waste
Programs (Chapter 8), Pesticides Programs (Chapter 9) , and
Noise Programs (Chapter 10), along with a discussion of the
Office of Federal Activities (Chapter 6), the Environmental
Impact Statement Review Division (Chapter 5), and the Planning
and Evaluation Section (Chapter 7).
b. The recommendations, which follow each section of the
Report, pertain to the Region VIII EPA's policy as that policy
2
relates to and affects land-use. Chapter Two of the Report is
unique in that it concerns how the EPA in Region VIII should ad-
dress the administrative elements and procedures for introducing
and developing a land-use element for all of the Region's program
elements.^
3. Conclusions
a. Theoretically, the EPA is responsible for protecting and
enhancing the nation's environmental quality; but, in reality,
the Agency is simply not equipped with the tools necessary to
accomplish such a massive task. In fact, the net effect of the
EPA's mandates and programs actually is to trade short-term pol-
lution abatement for long-range environmental degradation^
2In many cases, the EPA has no defined or written policy.
However, the normal activity of each program follows a certain
pattern which may be interpreted as policy.
^These elements and procedures could serve to implement the
recommendations of the Region VIII YAB Land-Use Task Force as
they are presented in this report.
^EPA-funded interceptor sewers designed to improve water
quality can actually inspire new development and, consequently,
greate new pollution problems.
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b. Since all forms of pollution can in some way be linked
to land-use, land-use controls would appear to be a vital element
for any serious attempt to protect or enhance environmental quali-
ty. However, the long-range environmental impact of land-use is
not completely understood and, therefore, it is difficult to
determine what constitutes proper land-use. In other words, it
is simpler to identify improper land-uses which result in environ-
mental degradation than it is to define proper land-uses which
will preserve environmental quality. Yet, by beginning to define
and avoid improper land-uses, proper land-use will become easier
to identify and implement.
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CHAPTER II. ADMINISTRATIVE RECOMMENDATIONS
1. General
a. The Region VIII EPA Headquarter's front-line staff,
which includes the Regional Administrator, the Deputy Regional
Administrator, the Assistant Regional Administrators and the
Division Chiefs provides the leadership and direction for the
regional program personnel. Therefore, it is essential that a
planning and coordinating element be established within the lat-
ter central administrative framework so that land-use considera-
tions can be integrated into the Region's daily activities.
b. This administrative element should be a Land-Use Office
which, besides introducing land-use considerations to the Region,
could both implement the YAB Land-Use Task Force's recommendations
as contained in this report and prepare the Regional Office for
its possible role in implementing any national land-use legislation.5
c. The land-use element should be located within the Office
of the Assistant Regional Administrator for Planning and Evalua-
tion. The Planning and Evaluation Office is best suited to coor-
dinate and develop land-use considerations and decisions for
Region VIII because it works closely with the Regional Administrator
and the Program Chiefs; but, more importantly, because it evaluates
the Region's total resource capability and establishes accomplish-
ment priorities for the Region.
^The proposed land-use legislation (S.632), as it passed the
Senate, required EPA review of state land-use plans and required
EPA programs to be consistent with the state land-use plans.
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2. Land-Use Office: Primary Responsibilities
a. Policy
(1) Develop a regional land-use policy from the EPA's
national land-use policy.
(2) Identify the Region's programs that impact land-use.
(3) Promulgate guidelines for regional programs with
regard to proper and adequate land-use considerations.
b. Evaluation and Planning
(1) Evaluate the Region's program-by-program activity
as it relates to land-use (a continuing process).
(2) Assist the Assistant Administrator for Planning
and Evaluation in developing Regional Accomplishment Plans from
a land-use perspective.
c. Communication
(1) Establish a regional Land-Use Council made up of
representatives from all of the Region's programs to assist the
Land-Use Office in making land-use policy and in implementing
such policy.
(2) Develop training or educational programs to inform
the Regional Staff concerning land-use considerations.
3. Land-Use Office: Secondary Responsibilities
a. Inform the states of land-use considerations in relation
to environmental protection and quality.
b. Write an annual Regional Report on the land-use impact
of the Regional program activity.
c. Conduct any research that might be necessary to better
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understand and evaluate the relationship between land-use and
environmental quality in the Region.
d. Provide assistance to the states to integrate land-use
considerations into the state decision-making process.
4. Land-Use Office: Objectives
a. Educate the Regional personnel with regard to land-use
problems, the relationship between land-use and environmental
quality, and land-use priorities.
b. Introduce into the Region VIII EPA's planning process
a primary emphasis on environmental protection through land-use
considerations.
c. Define other Federal activity within the Region which
has a significant land-use impact.
d. Develop a set of guidelines for the states and other
Federal agencies for proper land-use planning in relation to
environmental protection.
e. Write an annual report that identifies how the Region
is affecting land-use and, subsequently, environmental quality.
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5, Flow Chart
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CHAPTER III. AIR POLLUTION CONTROL PROGRAMS
1. General
a. The EPA's Air Pollution Control Programs in Region
VIII affect land-use in an indirect and somewhat enigmatic
manner. This chapter analyzes some of the effects that EPA
decisions have had and theoretically could have upon land-use.
The major impact discernable is a dispersion of industry through-
out rural areas and away from urban or industrialized localities.
b. For the most part, the Region VIII Air Pollution Control
Programs are confined to implementing the controls and regulations
necessary for meeting the national ambient air quality standards
authorized by the Clean Air Act of 1970 and promulgated by the
EPA Headquarters in Washington, D. C. The regional implementa-
tion of these standards is subject to strong guidance and control
from the national office. The regional air program personnel
are, therefore, in essence implementors of a national policy which
allows for no major regional interpretation or adaptation.^
However, this seems to be more due to the nature of the Clean
Air Act than the result of policy originating at Headquarters;
and, because of the nature of the Act, this strong national
^This is in contrast to^the decentralized nature of the EPA's
other programs (i.e. Federal Activities, E.I.S. Review, Planning
and Evaluation, etc.)
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guidance does not presently represent a major deficiency in
the EPA's Air Pollution Control Programs.^
c. The EPA's specific air pollution control tools include
the implementation plans process through which the states are
required to outline an enforceable procedure to clean up any
of their polluted air quality control regions (A.Q.C.R.s)8; a
set of national primary and secondary ambient air quality standards
for sulfur dioxide, nitrogen oxides, carbon monoxide, hydrocarbons,
and particulate matter9; national emission standards for hazardous
air pollutants, asbestos, beryllium and mercury; and a grant
system for demonstration and state program grants.^ These plans,
standards and grants comprise the EPA's air pollution abatement
system and will be discussed in detail in the other sections of
this chapter.
d. Region VIII's primary (Priorityl) air pollution problems
currently are within eight air quality control regions scattered ,
among three states; Montana, Colorado, and Utah. In Montana the
air pollution problem is basically one concerning particulate
and sulfur dioxide industrial emissions. Colorado's difficulties
stem from carbon monoxide and hydrocarbon emissions which are
?The highly regulative nature of the Clean Air Act leaves
little room for regional or local interpretations. The national
EPA interpretations of this Act, however, have allowed even less
flexibility to the regional offices.
842 USC #1857
9Ibid
iOThese grants fund most of the states' air pollution programs.
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typical of an urban environment with its high concentration of
auto emissions. In Utah, one air region is polluted beyond the
national primary standards in all categories, and another region
suffers from excesses of particulates, sulfur dioxides, and
nitrogen oxides^ (see exhibits 1, 2, and 3). Less severe pol-
lution problems (Priority II) exist in six different air quality
regions within four states; South Dakota, North Dakota, Wyoming,
and Montana. In all of these regions, there is some minoT
difficulty with either particulates or sulfur dioxides.1^ However,
*
there are ten A.C.Q.R.s throughout Region VIII which are classi-
fied as priority III, which means that their air pollution levels
are below both primary and secondary national ambient quality
1 3
standards.
e. In the sections that follow, the evaluation of the EPA's
air programs is divided into three separate discussions: 1) the
Clean Air Act of 1970 (section 2); 2) the EPA's implementation
plan preparation guidelines (section 3); and 3) air program and
demonstration grants (section 4).
2. The Clean Air Act of 1970
a. The discussion of the Clean Air Act in this section defines
the Act's relationship to future land-use trends. Often, these
Instate implementation plans for Region VIII
iZlbid.
¦^ibj d.
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EXHIBIT1 AIR QUALITY CONTROL REGIONS FOR REGION VIII
AIR QUALITY CONTROL REGIONS
(AQCR)
Air quality control regions have been established through the cooperation of
Federal, state, and local governments. These regional program* work toward
'.he abatement, prevention, and control of air pollution in their respective areas.
A total of 247 such regions has been established nationwide. There are
'25 AQCR's in the Rocky Mountain-Prairie Region.
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2 NAMES OF AIR QUALITY CONTROL REGIONS (AQCR) FOR REGION VIII
Montana
1 — Missoula Intrastate AQCR
2 —Great Falls Intrastate AQCR
3 —Miles City Intrastate AQCR
4 —Helena Intrastate AQCR
5 —Billings Intrastate AQCR
North Dakota
6 —North Dakota Intrastate AQCR (remaining area)
7 —Metropolitan Fargo-Moorhead Interstate AQCR (N. Dak.—Minn.)
Wyoming
8 —Wyoming Intrastate AQCR (remaining area)
9 —Casper Intrastate AQCR
10 —Metropolitan Cheyenne Intrastate AQCR
South Dakota
11 — Black Hills — Rapid City Intrastate AQCR
12 —South Dakota Intrastate AQCR (remaining area)
13 —Metropolitan Sioux Falls Interstate AQCR (Iowa-
14 —Metropolitan Sioux City Interstate AQCR (Iowa-
Utah
15 —Wasatch Front Intrastate AQCR
16 —Utah Intrastate AQCR (remaining area)
17 —Four Corners Interstate AQCR (Ariz. — Colo. — N.M. —Utah)
Colorado
18 —Yampa Intrastate AQCR
19 —Pawnee Intrastate AQCR
20 —Metropolitan Denver Intrastate AQCR
21 — Grand Mesa Intrastate AQCR
22 —San Isabel Intrastate AQCR
23 —Comanche Intrastate AQCR
24 —Four Corners Interstate AQCR (Ariz. — Colo.— N.M.— Utah)
25 —San Luis Intrastate AQCR
•S. Dak.)
Neh.—S. Dak.)
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PRIORITY RATINGS OF REGION VIII AIR QUALITY CONTROL REGIONS Exhibit 3
AQCR
PARTIC-
ULATES .
S02
N0X
CO
HC-0X j
1. Missoula Intrastate
I
III
III
III
III
2. Great Falls Intrastate
III
I-A
III
III
III
3. Miles City Intrastate
III
III
III
III
III
4. Helena Intrastate
I-A
I-A
III
III
III
5. Billings Intrastate
II
II
III
III
III
6. North Dakota Intrastate
II
III
III
III
III
7. Metro Fargo-Moorhead Interstate
II
III
III
III
III
8. Wyoming Intrastate
III
III
III
III
III
9. Casper Intrastate
II
III
III
III
III
10. Metro Cheyene Intrastate
II
III
III
III
III
11. Black Hills (R.C.) Intrastate
III
III
III
III
III
12. South Dakota Intrastate
III
III
III
III
III
13. Metro Sioux Falls Interstate
II
III
III
III
III
14. Metro Sioux City Interstate
III
III
III
III
III
15. Wasatch Front Intrastate
I
I
I
I
I
16. Utah Intrastate
III
III
III
III
III
17. Four Corners Interstate
I-A
I-A
I-A
III
III
18. Yampa Intrastate
III
III
III
III
III
19. Pawnee Intrastate
I
III
III
III
III
20. Metro Denver Intrastate
I
III
III
I
I
21. Grand Mesa Intrastate
III
III
III
III
III
22. San Isabel Intrastate
I
III
III
III
III
23. Comanche Intrastate
III
III
III
III
III
24. Four Corners Interstate
I-A
I-A
I-A
III
III
25. San Luis Intrastate
III
III
III
III
III
# of AQCRs for REGION VIII by POLLUTANTS and RATINGS
PRIORITIES
PARTIC-
ULATES
S02
N0X
CO
HC-0X
TOTALS
I
8
5
3
2
2
20
II
6
1
0
0
0
7
III
11
19
22
23
23
98
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-15-
trends can be traced directly to the Act. This point might best
be illustrated through an example concerning the non-degTadation
clause, which has been interpreted by the courts to be a necessary
element of the implementation plans authorized under the Clean
Air Act of 1970.^ The non-degradation clause would not have an
immediate impact upon the unindustrialized land and clean air of
northeastern Wyoming, but when the billions of tons of coal begin
to be mined from that area and the power utilities scramble to
fire new power plants near the coal resources, the non-degradation
clause certainly would control and, to some extent, limit that
development. Thus, section 2 concerns those provisions of the
Clean Air Act that will significantly affect land development,
such as section 109 on the National Ambient Air Quality Standards
and section 111 on Standards of Performance for New Stationary
sources; and, to some extent, section 110 on Implementation Plans.
However, the discussion of implementation plans is limited here
to the national mandate for such plans as embodied in the Act and
does not concern the EPA's interpretation of this mandate or the
states' development and enforcement of plans. The latter are
evaluated in section 3.
b. The Clean Air Act of 1970 is the foundation of the EPA's
Air Pollution Control Program. The Agency's land-use impact
^Sierra Club vs Ruckelshaus, U.S. 103-72(1972).
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-16-
from this program is two-fold: it is the result of the EPA's
enforcement of the Clean Air Act's standards and provisions; and
it is the result of the EPA's interpretation of these standards
and provisions. This section analyzes this former impact.
c. One of the major sections (section 109) of the Clean Air
Act establishes an ambient air quality standard system through
which the EPA promulgates and enforces national primary and secondary
standards. These ambient standards are the most obvious source
of land-use impact within the EPA's Air Programs. Directly
related to these ambient air quality standards is the current
controversy concerning the EPA's failure to promulgate a non-
degradation policy for clean air sheds. The controversy is a
result of the inconsistency within the Clean Air Act between
ambient standards and the Act's defined intention "to protect and
enhance the quality of the nation's air resources so as to promote
the public health and welfare . . ."15 An attempt by the EPA to
enforce a non-degradation policy would substantially impact the
relatively clean air sheds and undeveloped land of Region VIII.
1) The ambient air quality standards authorized under
the Clean Air Act for the enhancement of air quality can often
foment the degradation of undeveloped or moderately developed
land. This tradeoff of land degradation for air pollution control
1542 USC #1857
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-17-
illustrates Congress' and, to some extent, the EPA's^ obsession
with short-term pollution abatement, their inability to recognize
the land-use impact of ambient air standards, and their hesitation
to adopt comprehensive pollution prevention techniques. Ambient
air standards will lower the air pollution levels within highly
industrialized regions, but at the expense of less polluted areas.
Air pollution reductions are possible in highly polluted regions
only by limiting the emissions of polluters already there and
then precluding any new pollution sources from locating in the
area. Thus, new pollution sources are forced to locate in relatively
unindustrialized, unpolluted regions. In this manner, air pol-
lution remains below the level that could cause public health
hazards; but land pollution, which as yet has not been completely
evaluated, is allowed and encouraged to proliferate unchecked
and unmonitored. This dispersion of polluters has a dual environ-
mental impact--the air quality is diminished and the land is de-
graded. Therefore, ambient air quality standards encourage the
dilution of air pollutants in clean or moderately polluted air
sheds. Thus, large pollution sources will be locating in increasing
numbers within undeveloped areas such as Region VIII. Ambient air
standards can effectively limit the concentration of polluters
16To the extent that the EPA may recommend to Congress
revisions and/or amendments to environmental legislation.
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-18-
and, concurrently, the concentration of industry or urbanization;
but such standards cannot limit the dispersion of industry or
slow urban sprawl, and, in fact, tend to encourage both.
The cost of locating outside established industrial
zones would seem to prohibit industry from moving into undeveloped
areas. The expense of installing air pollution control devices,
however, may encourage industry to locate in undeveloped air
quality regions. As pollution concentrates in developed areas,
the cost of controlling it increases to a point where industry
realizes that it is economically expedient to locate in undeveloped
regions.
2) The resolution of the non-degradation controversy
between the EPA and environmentalists will have a significant im-
pact on land-use in Region VIII. The Sierra Club is challenging
the legality of the current ambient air standards system on the
basis that these ambient standards are inconsistent with the intent
of the Clean Air Act. In Sierra Club vs Ruckelshaus, U.S. District
Court District of Columbia, the Court concluded in favor of the
Sierra Club.
Having considered the stated purpose of
the Clean Air Act of 1970, the legislative history
of the Act and its predecessor, and the past and
present administrative interpretation of the Acts,
it is our judgment that the Clean Air Act of 1970
is based in important part on a policy of non-
degradation of clean air and that 40 C.R.F. #51.12(b),
in permitting the states to submit plans which allow
pollution levels of clean air to rise to the secondary
standard level of pollution, is contrary to the
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-19-
lcyislative policy of the Act and is, therefore,
invalid. Accordingly, we hold that the plain-
tiffs have made out a claim for relief,
This decision, however, is being appealed by the Administration,
so its impact is yet to be seen. A literal interpretation of
non-degradation would truncate future growth in Region VIII and
other regions with relatively clean air. Complete non-degrada-
tion would mean no new air pollution sources could locate in
clean air areas, and this would be tantamount to a zero-growth
policy. Thus, if the Court's present non-degradation judgment
prevails, a less literal definition of non-degradation is inevi-
table. Essentially, a limited non-degradation clause would
establish an additional ambient air quality standard for high
quality air regions. This type of non-degradation standard would
contribute to the degradation of undeveloped land as njuch if not
more than the current ambient air standards. In an attempt
to rectify the confusion surrounding the definition of non-
degradation, the Sierra Club has produced their own interpreta-
tion of degradation:
The formula . . . calls for a limit of 20%
increase of recognized pollutants (particulates,
sulfur dioxides, etc.) within one kilometer of
the source, the amount actually emitted being
averaged over the entire volume of air contained
within the hemisphere defined by the one kilo-
meter limit.18
l^Sierra Club, et al vs. William D. Ruckelshaus, U.S.
No. 1031-72, June 2, 1972.
l®This Isslle, August, 1972.
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-20-
This definition, if adopted for a non-degradation clause or
policy, would protect the air quality within undeveloped areas
better than do the current ambient air standards being enforced
by the EPA. However, such a definition would also ensure, and
serve as a catalyst for, the development of almost all the vacant
land that is suited for industrialization or urbanization, For
example, the Sierra Club's non-degradation standard would essen-
tially limit coal-fired power plants to a size capable of about
a 40 megawatt output. ^ This is in sharp contrast to some of
the proposed 6,000 and possible 10,000 megawatt power plants.20
Obviously, the Sierra Club's standard would guarantee less de-
gradation of air quality in those clean air regions destined to
inherit large power plants, but the land-use ramifications of this
protection would be prodigious indeed. To meet the non-degradation
standard within clean air regions and still provide the 6,000
megawatt capacity of a large power plant, power companies would
be forced to scatter and disperse no less than 150 small power
plants (40 megawatt) over the undoubtedly undeveloped land of any
such clean air region.21
19lbid.
20a 6,000 megawatt plant is proposed for southern Utah
(Kapairowits), and the North Central Power Study reports that
there is enough coal in northern Wyoming to support up to six
10,000 megawatt power plants.
ZlRegions with a Priority III air pollution rating (clean "air
sheds) are usually relatively undeveloped areas. This is true for
most of the land in Region VIII.
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-21-
Thus, it is obvious that the non-degradation standard that has been
proposed by the Sierra Club or any similar limited non-degradation
standard, if adopted, would result in several definite land-use
alterations. Assuming such land-use alterations, with their con-
current aesthetic, water, solid waste, noise, and other pollution
are considered undesirable land degradation, then the enhancement
of air quality that might be possible from the enforcement of a
limited non-degradation policy could never compensate for the
resulting land degradation.
3. The EPA's Air Implementation Plan Preparation Guidelines
a. In this section, the EPA's implementation plan prepara-
tion guidelines are analyzed with regard to their immediate land-
use impact. The following paragraphs both illustrate how the
EPA has interpreted section 110 of the Clean Air Act and evaluate
the land-use ramifications of these interpretations. The role
of the EPA's regional offices in assisting the states to develop
their implementation plans, especially the transportation controls
portion of these plans, is also evaluated.
b. Section 110 of the 1970 Clean Air Act states in part that
Each State shall, after reasonable notice and
public hearings, adopt and submit to the Administrator,
within nine months after the promulgation of a
national primary ambient air quality standard (or
any revision thereof) under section 109 for any air
pollutant, a plan which provides for implementation,
maintenance, and enforcement of such primary standard
in each air quality control region (or portion
thereof) within such State. In addition, such State
-------
-22-
shall adopt and submit to the Administrator
(either as part of a plan submitted under
the preceding sentence or separately) within
nine months after the promulgation of a national
ambient air quality secondary standard (or
revision thereof), a plan which provides for
implementation, maintenance, and enforcement
of such secondary standard in each air quality
control region (or portion thereof) within
such State.
Since the Administrator of the EPA was given the responsibility
for approving these State implementation plans, the EPA inter-
preted section 110 of the Clean Air Act and promulgated in the
August 14, 1971 Federal Register rules and regulations to the
States for preparation and submission of air quality implementa-
tion plans. These rules and regulations and their land-use impact
are the subject of this section.
c. Two of the most important Clean Air Act provisions that
the EPA has translated and interpreted into implementation plan
preparation guidelines are the provisions for "land-use and
transportation controls," and the requirement that the states
have an enforceable "new source site selection permit procedure."
1) The Clean Air Act provides that the Administrator
of the EPA shall approve a state air quality implementation plan if
. . .it includes /among other things/ emission
limitations, schedules and timetables for com-
pliance with such limitations, and such other
measures as may be necessary to insure attain-
ment and>.aaintenance of such primary or second-
ary standard^ including, but not limited to,
land-use and transportation controls. . . .
Thus, the EPA has the authority to require the states to imple-
ment both land-use and transportation controls. This mandate
-------
-23-
is enervated, however, by the qualification that such controls
be implemented where "necessary to insure attainment and main-
tenance" of air standards.^ Such a qualification essentially
limits the application of land-use and transportation controls
to Priority I air quality control regions. However, in these
regions transportation controls are considered necessary to in-
sure the attainment of ambient air standards while land-use con-
trols are not.23
The EPA defined the control strategy of implementation
plans in the August 14, 1971, Federal Register as "a combination
of measures designed to achieve the aggregate reduction of emis-
sion necessary for attainment and maintenance of a national
standard. The EPA then outlined certain control strategy measures
that the states could consider. Included among these control
measures are:
. . . closing or relocating of residential
commercial, or industrial facilities.
Changes in schedules or methods of operation
of commercial or industrial facilities or trans-
portation systems, including, but not limited to,
changes made in accordance with standby plans.
2242 U.S.C. #1857
^Automobiles are the major polluter in urban areas, and
thus, in most of the Priority III areas, transportation controls
could be applied to abate or prevent pollution by limiting the
numbers and the mobility of automobiles. Land-use controls
might be applicable for the attainment of air standards within
already developed regions (by keeping pollution sources like
cars or industry out of a particular area). However, it would
be necessary for such land-use controls to be a part of an ac-
cepted state land-use plan. Land-use controls applied only to
local problem areas would encourage unplanned and uncontrolled
development adjacent to those local areas.
-------
-24-
Measures to reduce motor vehicle traffic,
including, but not limited to, measures such as
commuter taxes, gasoline rationing, etc.
Expansion or promotion of the use of mass
transportation facilities through measures such
as increases in the frequency, convenience, and
passenger-carrying capacity of mass transporta-
tion systems or providing for special bus lanes
on major streets and highways.
Any land-use or transportation control
measures not specifically delineated herein.24
The EPA is currently assisting Denver and Salt Lake City in
developing transportation controls designed to help the two
metropolitan areas meet national ambient air quality standards.
The May 31, 1972, Federal Register sets February 15, 1973, as
the deadline for these cities to have selected an "appropriate
transportation control alternative" to fit their states' air
implementation plans. The Register further states that by
December 31, 1973, both Colorado and Utah must have the legislative
authority "... needed for carrying out the required transporta-
tion control alternative(s)." Thus, the cities have the authority
to develop their transportation control strategies, the states
have the authority to implement these strategies, and the EPA
has the authority to review the cities' strategies and ensure that
the states adopt the enforceable procedures necessary to implement
these strategies; but, the EPA also provides the technical plan-
ning assistance that is necessary to develop proper transportation
24Federal Register, August 14, 1971.
-------
-25-
control strategies. It should be noted that, although this is
a relatively new area for the EPA in that the feasibility of
utilizing transportation controls to achieve air quality standards
is still under review and analysis (i.e. the six-city transporta-
tion study). Region VIII has two full-time personnel working
closely with Salt Lake City and Denver to develop the necessary
transportation controls.
In Region VIII, no land-use control measures have been
written into State implementation plans, especially not any
measures that would, as the EPA suggests, close or relocate resi-
dential, commercial, or industrial facilities. It is obvious
that the EPA has never seriously considered land-use controls as
a viable air pollution control technique. The EPA was careful
to include in its Federal Register guidelines a stipulation that:
Nothing in this part /"Part 420 of Chapter 42,
Code of Federal Regulations - implementation plan
preparation guidelines/" shall be construed in any
manner: . . . (d) To encourage a state to prepare,
adopt, or submit a plan /Tmplemcntation plan/ with-
out taking into consideration the social an3" eco-
nomic impact of the control strategy set forth in
such plan, including, but not limited to, impact
on availability of fuels, energy, transportation,
and employment.25
This stipulation effectively negates any possibility of the
states incorporating strong land-use controls into their air
quality implementation plans.26
25ibid.
2^The political pragmatics of state government would prohibit
the relocating or closing of residential, commercial, or industrial
facilities because of the cost of such measures to business and
their undoubtedly adverse effect upon employment. Such considera-
tions would also kill other types of strong land-use controls.
-------
-26-
Thus, the EPA included token representation of land-use controls
in its implementation plan preparation guidelines. Although such
controls would obviously be difficult to implement in highly
polluted air quality control regions, they certainly would, have
proven to be more effective for meeting air standards than any
of the current implementation plan processes or controls. Further-
more, it would be relatively simple for land-use controls (i.e.
comprehensive land-use planning, selective zoning, open space
preservation, etc.) to be effectively applied to future growth
centers either within or adjacent to established Air Quality
Control Regions.27 Applying land-use controls to future growth
areas is also in tune with the EPA's general control strategy
requirements.
In any region where existing (measured or
estimated) ambient levels of a pollutant exceed
the levels specified by an applicable national
standard, the plan shall set forth a control
strategy which shall provide for the degree of
emission reduction necessary for attainment and
maintenance of such national standard, including
the degree of emission reduction necessary to off-
set emission increases that can reasonably be ex-
pected to result from projected growth of population,
industrial activity, motor vehicle traffic, or
other factors that may cause or contribute to
increase emissions.28
27it can be argued that the current new source site selection
permit procedure provides the necessary control for future growth
areas, but this permit procedure is no substitute for comprehensive
land-use planning and controls.
28Federal Register, Saturday, August 14, 1971 (p. 15487).
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-27-
Thc r.PA requires thnt stwtcs include in their air imple-
mentation plans uu enforceable procedure through which new u 1 i
pollution sources can be controlled using a permit system which,
among other things, regulates new source site selection.
. The Administrator shall approve such
plan /_state implementation plan7» or any portion
thereof, if he determines that it was adopted
after reasonable notice and hearing and that--
(D) it includes a procedure, meeting the require-
ments of paragraph (4), for review (prior to
construction) of the location of new sources to
which a standard of performance will apply.
. . . The procedure referred to in paragraph
(2)(D) for review, prior to construction or modi-
fication, of the location of new sources shall (A)
provide for adequate authority to prevent the con-
struction or modification of any new source to
which a standard of performance under Section 111
will apply at any location which the state determines
will prevent the attainment or maintenance within
any air quality control region (or portion thereof)
within such state of a national ambient air quality
primary or secondary standard . . .
These sections of the Clean Air Act provide the tools for enforce-
ment of the national ambient primary and secondary air quality
standards as they apply to future development. The states are
required to prohibit the siting of any new air pollution sources
that would "prevent the attainment or maintenance" of ambient
air standards for any air quality control region within that state.
Since this requirement is aimed at enforcing ambient air standards,
its land-use ramifications are an extension of those described
in section 2 of this report (Ambient Air Quality Standards). The
states consider the construction or modification of air pollution
-------
-28-
sources only as these new sources affect air quality within
their particular area or air quality control region. For example,
the Anaconda copper smelter in western Montana emits approximately
1,000 tons of sulfur dioxide per day. The proposed 89 percent
emission control would cut this amount to 100 tons per day.29
The Anaconda operation is so large, however, that it would still
be polluting an entire air shed the size of a circle with an
8 to 10 mile radius, having the Anaconda plant as its center. The
state, in an attempt to maintain ambient air quality standards,
would be forced to prohibit, through the new source site selection
permit procedure, any new sulfur dioxide emission sources, even
those in compliance with the new source performance standards,
from locating within the air shed already polluted to capacity
(the primary ambient air standard level) by Anaconda. Therefore,
the new sulfur dioxide emission sources would be forced to locate
in clean air sheds adjacent to the already polluted area. In
this manner, industries are forced to consume more land and pol-
lute more air than if they were concentrated within a defined
area. Obviously, this dispersion of industry will result in an
increased rate of land degradation. New roads will be built to
connect the industries with their necessary resources or markets.
The increased job opportunities, along with the enhanced transporta-
tion facilities that the industries have provided, will in turn
29The 89 percent emission control has been promulgated by the
EPA for Anaconda, but the company is questioning the legality of
and necessity for this degree of control. The 89 percent control
represents the best practicable emission control.
-------
-29-
bring more people and added development to the areas around the
dispersed industries. If industries locate near areas that
are suitable for recreational development (i.e. the Rocky Mountain
area), those areas will be more readibly consumed by speculaters
and developers. The net effect of dispersing industry throughout
an ecologically or aesthetically unique region is the mass
development and subsequent degradation of a region's total resources,
including the land which is the most basic and valuable resource.
This dispersion of industry also results in the use of relatively
large tracts of land for single purposes (i.e. one industry per
air shed--Anaconda) which encourages the development of dangerously
simple, monodependent economic bases. These simple bases create
a very unhealthy economic atmosphere that has far-reaching effects
upon the people whose lives depend on the success of a single
industry.in Region VIII no state has yet denied an industry
the permit (new emission source site selection permit) necessary
to construct or modify an emission source. However, if the pro-
jected growth for the region is realized, the site selection per-
mit procedure will become an important air quality and land-use
control. The permit procedure will become especially important
to metropolitan areas as they work to comply with the national
primary ambient air quality standards by the national deadline.
Of particular interest will be how the EPA and, to a lesser ex-
tent, the states decide to define a new emission source. A
S^An unhealthy situation exists where a small town depends upon
one industry for its livelyhood. The town is forced to accommodate
it at all costs and if it relocates or is unsuccessful, the town
is destroyed.
-------
-30-
liberal definition would include parking lots, highways,
athletic stadiums, and possibly apartment complexes. The metro-
politan air quality control regions that are close to the national
primary ambient standards might be forced to ban parking lots,
highways, etc. from the core of their region. The land-use effects
of such a ban are difficult to predict, but there would seem to
be at least two basic possibilities. Tf complex emission sources
like parking lots were banned from a metropolitan area, that,
metropolitan government would be forced to implement an extensive
and highly efficient mass transportation system; or, companies
and commercial establishments would be obliged to locate on the
perimeter of the metropolitan area where the air pollution that
normally accompanies such facilities would not adversely affect
the air quality of the metropolitan area.
Recommendations
The EPA should:
1. Thoroughly evaluate the land-use ramifications of its
promulgation of standards and procedures and then develop a
set of land-use priorities which could work in conjunction
with air quality requirements. This could be justified on
the grounds that the F.PA has the authority and responsibility
to protect the total environment.
2. Consider all complex air pollution sources (parking lots,
shopping centers, stadiums, etc.) in any air quality control
plan, especially with regard to the new source site selection
permit procedure.
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-31-
3. Require those Air Quality Control Regions which will not
meet the standards by 1975 to incorporate land-use controls
into their control strategies.
4. New Source Performance Standards
a. Pursuant to section 111 of the Clean Air Act, as amended,
the EPA promulgated a set of regulations in the August 17, 1971,
Federal Register establishing standards of performance applicable
to stationary sources within five categories; Fossil Fuel Fired
Steam Generators, Incinerators, Portland Cement Plants, Nitric
Acid Plants, and Sulfuric Acid Plants.
b. These standards supposedly are based on the implementa-
tion of the best practicable control technology and represent
levels of pollution which will not "contribute significantly
to air pollution which causes or contributes to the endangerment
of public health or welfare."31 The land-use impact of these
standards is similar to that of the ambient air standards; for
in many cases, these new source performance standards encourage
the dispersion of industry. If the new source performance standards
for 3,000 megawatt, fossil fuel fired steam generators, for
example, allow for only one-sixth the emissions of a currently
operating 3,000 megawatt power plant, a power company desiring to
generate 3,000 megawatts may well construct six new 500 megawatt
plants dispersed over a wide area instead of installing the costly
^Federal Register, August 17, 1971.
-------
-32-
pollution control devices (if even available) necessary to cut
by five-sixths the emissions from a single new 3,000 megawatt
power plant located in a confined area. Spreading these plants
out over a larger area would result in new roads connecting the
plants with their fuel, more power lines distributing the electri-
city to the users, and more communities to support the individual
plant>Si- The total effect would be more pollution and land
degradation than would result from the" contruction of a single
large operation. ^
Recommendation
The Region VIII EPA should evaluate the land-use impact from
the enforcement of new source performance standards in the
Region, especially with regard to new power plants.
5. Air Program Grants
a. The discussion of Air Program Grants in this section con-
siders the purpose and land-use impact of the EPA's Program Grants
The emphasis here is on the EPA's role in reviewing grant appli-
cations and in assisting the grantees to implement their programs.
/
Section 105A of the Clean Air Act authorizes the EPA to provide
"grants to air pollution control agencies" to defray up to one-
half the cost "of maintaining programs for the prevention and
control of air pollution or implementation of national . . . air
quality standards." In reality, these grants are the main source
32This example has been purposefully oversimplified to explain
a possible net impact.
-------
-33-
of funds to states for their enforcement, monitoring, and plan-
ning activities that are associated with the implementation plans.
b. All six state air pollution control agencies in Region
VIII, plus six local agencies in Colorado and three in Montana,
are funded in part under this grant program. The applicants are
required to complete an application form which is designed to
provide the EPA with, among other things, a description of the
local agency's accomplishments during the previous year and their
objectives for the coming year. Some of the descriptions that
the applicants are required to complete include:
Describe the overall immediate (during the next year)
air pollution control program objectives deemed appro-
priate to the solution of the air pollution problems
identified /Tor the applicants' jurisdiction/
Describe the overall long-range (specifying the period)
air pollution control program objectives deemed appro-
priate to the solution of the air pollution problems
/For the applicants' jurisdiction/.
Describe the comprehensive program to be used to pre-
vent and control air pollution in the area under the
applicants' jurisdiction.^
In some cases, the applicants' responses to these questions were
rather ambiguous and indefinite, which probably represents the
lack of planning in the state air pollution control offices.
33epa Grant application form.
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-34-
Recommendation
Since the air implementation plans impact land-use in several
important ways (see section 3), and since the air program
grants serve to enact the implementation plans, the EPA
should require applicants with jurisdiction over Priority I
areas to be more specific in describing what they propose
to do; and, where necessary, the EPA should require the appli-
cants to delineate proposed land-use and transportation con-
trols and -planning (especially Denver and Salt Lake City.)
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-35-
CJIIAPTUU IV. WAT1JR POLLUTION CONTHOL PROGRAMS
1. General
a. The EPA's water programs, which include program, planning,
and construction grants, affect land-use within Region VIII more
than any other of the Agency's programs. This land-use impact
can either be subtle, in the case of program and planning grants,
or obvious and direct, in the case of construction grants. Fur-
thermore, the EPA water quality grants are coordinated, through
a Joint Agreement for Interagency Coordination in Planning and
Development between the EPA and HUD, with HUD planning certifica-
tion requirements. This agreement is designed to incorporate
HUD and the EPA grants into a comprehensive approach that will
achieve necessary water quality and provide for proper planning
mechanisms, including land-use planning.
b. The EPA-HUD agreement pervades the EPA's water programs
and is, thus, analyzed separately as it affects land-use in all
the granting activities. But, the different water grants are
also considered individually because of their unique land-use
impacting elements.
2. EPA-HUD Agreement
a. The joint EPA-HUD agreement signed June 7, 1971, by
William Ruckelshaus of the EPA and Samuel Jackson of HUD provides
the basis for a system through which each agency's water manage-
ment planning and construction grants may be coordinated in a
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comprehensive fashion. Such coordination should theoretically
provide, as the Agreement states:
. . . for coordinated administration of comprehensive
and functional planning and construction grant require-
ments applicable to:
(a) Policy and coordinative planning;
(b) Integrated functional planning for water
quality; and
(c) Development of fully integrated wastewater
collection and treatment systems. The
grants awarded by HUD and EPA /Tor HUD Basic
Water and Sewer Facilities Grant Programs,
HUD Comprehensive Planning Assistance Grant
ProgramsEPA Construction, Program and
Planning Grant^/ must meet the same ad-
ministrative and regulatory requirements
with respect to comprehensive and functional
planning, and programming of wastewater col-
lection and treatment systems.
A realistic interpretation of the above provisions suggests that
the EPA and the HUD are required to coordinate the planning and
construction grants that both agencies award.
b. The following programs of both the EPA and HUD are
covered by this agreement:
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
1. Basic Water and Sewer Facilities Grant Program
Section 702 of the Housing and Urban Develop-
ment Act of 1965, as amended - 42 USC 3102(C).
2. Comprehensive Planning Assistance (701) Grant
Program; Section 701 of the Housing Act of 1954,
as amended - 40 USC 461.
ENVIRONMENTAL PROTECTION AGENCY
1. Construction Grants for Wastewater Treatment
Works; Section 8 of the Water Pollution Control
Act, as amended - 33 USC 1158.
2. State and Interstate Program Grants; Section 7
of the Water Pollution Control Act, as amended -
33 USC 1157.
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3. Comprehensive Rivrr Jlnsin Planning Grants;
Section 3(c) of the Wntor Pollution Control
Act, as amended - 3 3 USC 115 3(e).
c. The EPA-HUD Agreement requires that:
Interim Basin Plans be completed by October 1,
1971; and that fully developed Basin Plans be
completed by July 1, 1973; and, Area and Organiza-
tion Comprehensive Planning and Water/Sewer
Functional Planning Certifications by HUD, including
interim areawide water quality plan, be granted by
October 1, 1971; and, Area and Organization Compre-
hensive Planning and Water/Sewer Functional Planning
Certifications by HUD, including fully developed
areawide water quality plan (containing a complete
land-use plan element), be granted by July 1, 1973.^
d. The agreement's language seems to be very clear and pre-
cise, but its actual implementation has been and is somewhat com-
plicated and unpredictable. Although the agreement covers HUD's
Comprehensive Planning Assistance (701) Grants, in Region VIII
neither these Grants nor the plans that are developed from them
are reviewed by the EPA. This is due to the unavailability of
sufficient planning personnel in the regional office; that is, man-
hours are consumed by tasks of, higher priority as determined by
Washington. The absence of review is an important factor because
S^This national agreement is subject to amendment by the
regional agreement
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every state, several metropolitan areas (9) and cities over
50,000 (10), plus two Indian Reservations in the region, receive
funds from this HUD Granting Program. It is also important
because the HUD Comprehensive Plans require a land-use element.
This land-use element:
a) Must set forth the /Srea Planning Organization'sj
recommendations regarding the future land-use dis- ~~
-trib.ution most consonant with areawide goals and
objectives. It must indicate recommended locations
and densities of at least the broad use categories
such as residential, commercial, industrial, insti-
tutional, open space, etcand.,, in addition, identi-
fy special user or density characteristics of major
manufacturing operations, large residential or com-
mercial developments, etc.
b) ... as a minimum, the preliminary future land-
use element must be based on and take into account:
1. A quantitative distribution of present and
future population and economic activities pro-
jected approximately twenty years into the future.
2. Pertinent transportation considerations,
present and future, such as the location and
type, of 1) principal highway facilities, 2) mass
transit corridors and facilities, 3) major air-
port facilities, 4) navigable waterways and port
facilities, and 5) significant freight transfers
and terminal facilities.
3. The general location of major public facilities,
such as large parks and recreational facilities,
institutions of higher learning, and major hospitals
and health care facilities.
c) Must set forth the major steps necessary for
implementing its recommendations and identifying how,
when and by whom those steps are to be taken. These
recommendations must include the identification of
steps necessary to eliminate inconsistencies between
local land-use controls and the areawide land-use
element.
e. The HUD planning certification requirements or guidelines
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(see Appendix I) for Comprehensive Plans are used simply as a
check list. HUD does not consider the quality of the Compre-
hensive Plans. HUD suffers from the same manpower shortage
that hinders the EPA's review process. But, as stated before,
the national agreement between HUD and the EPA seems to give
the EPA authority to review these Comprehensive Plans, especial-
ly the HUD 701 Grants for comprehensive planning, according to
the EPA water management planning guidelines. These guidelines
would allow the EPA to review the quality of the plan, and re-
view an environmental assessment of its future implementation.
Thus, with a realignment of priorities or an expansion of man-
power, the EPA could guide states, metropolitan areas, large
cities (over 50,000), and Indian Reservations in developing
proper land-use plans.
f. In addition to the national EPA-HUD agreement, each
regional EPA and HUD office developed their own agreements, out-
lining the implementation process and modifications of the nation-
al agreement. In Region VIII, this agreement contains a section
which allows, prior to July 1, 1973, the EPA and HUD to waive
by mutual consent the agreement requirements for non-metropolitan
areas: 1) if the need for such a waiver is great and immediate;
and 2) if there are "assurances that the subject non-metropolitan
area will meet both HUD and EPA requirements by July 1, 1973."
In view of this criteria for a waiver, it would seem that the
EPA has failed to comply with the agreement requirements before
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approving their water treatment facility grants to non-metropolitan
areas. In some non-nietropol itan areas, where the I-PA has imple-
mented this waiver process, it will be a miracle if the area
meets the requirements for full and complete basin plans by
July 1, 1973. Thus, in certain cases, there is no meaningful
planning being done, especially not land-use planning, before
the EPA approves their wastewater treatment facility construc-
tion grants. However, strict compliance with this EPA-HUD
agreement would conflict with the EPA's immediate goal of abating
and rectifying pressing water pollution problems.
g. It is important to note that, although to date there
has been apparent deficiencies in the implementation of the EPA
and HUD agreement, the agreement may produce an increased empha-
sis on coordinated planning within and between the two agencies.
In Region VIII, the EPA water planning section is attempting to
institute a planning relationship with HUD through which area
planning organizations that receive planning grants from either
agency will be required to use the monies received to satisfy
both agencies' planning requirements. If instituted, this inter-
agency relationship would represent a significant improvement
35
over the coordination provided by the original EPA-HUD agreement.
35
The original agreement required the EPA and HUD to simply
coordinate each agency's plans which are very different (EPA
plans for wastewater treatment facilities; HUD plans for water
and sewer facilities). But the system proposed by the Region VIII
water planning personnel would allow the APOs to develop, when
funded by either EPA or HUD, a comprehensive plan for water
management (including water mains, sewers, treatment facilities)
which would satisfy both agencies' planning requirements.
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Recommendations
The national EPA-HUD agreement seems to be the opening through
which the EPA could realize more land-use authority. Indeed,
in the areas of the agreement where the EPA is ignoring its
requirements, the agency is proliferating unplanned growth and
subsequent or concurrent improper land management. Therefore,
the EPA should:
1. Reevaluate its priorities of resource allocation to
comply with the agency's mandates and agreements.
2. Provide the planning branch with the manpower necessary
to review HUD Comprehensive Planning Grants (701 Grants).
3. Reevaluate its Region VIII agreement with HUD and develop
a more detailed process for implementing the requirements of
the agreement.
4. Explicitly define the conditions for waivers to the
agreement requirements and then rigorously enforce these
conditions.
3. Section 7 Grants
a. All six states within Region VIII are currently using
funds for their water quality programs from the EPA programs
grants authorized under Section 7 of the Federal Water Pollution
Control Act, as amended. The states use these grants to help
defray the cost of hiring personnel, monitoring and enforcement
procedures, public relations, and the general mechanics of their
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water pollution control programs. The states must resubmit a
yearly application, which consists of a one-year work plan, to
the EPA for these program grants. Included, among other things,
in the states1 work plans is the state criteria used for estab-
lishing the priority list of cities or sanitary districts to
receive wastewater construction facility grants from the EPA.
b. The EPA reviews these work plans with the state criteria
as provided by Section 8 of the FWPCA. The states base their
construction grant priority criteria on: 1) the degree of pol-
lution; and, 2) the financial need of the cities or sanitary
districts applying for wastewater treatment facilities.
c. Although not applicable to Region VIII at this time, the
states' wastewater treatment facility construction grant priority
list may define, in essence, growth patterns and subsequent land
use. A city that is growing quickly may be placed higher on the
state priority list because of a combination of present and pro-
jected water pollution problems, whereas a smaller, slower-growing
city with a greater on-hand water pollution problem would have
less priority.
Recommendations
The Environmental Protection Agency should:
1. Evaluate the states' work plans according to the EPA's
Water Quality Management Planning general guidelines and re-
quire the states, where definite planning is being done, to
prepare an environmental assessment on the proposed implemen-
tation of such planning.
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2. Determine; if it stHtfc'd constria 1 Inn ^rnul pt'ioiify
criteria is consistent with state, local, and regional
land-use plans and objectives.
4. Section 8 Grants
a. The Section 8 Wastewater Treatment Grants as administered
by the EPA affect land-use in a more direct fashion than any of
the EPA's other grants. These wastewater treatment grants or
construction grants allocate monies to the states on a matching
formula which provides proportionately more to states with greater
populations and lower per capita incomes. These grants are of
two types: grants for interceptor sewers, and grants to construct
wastewater treatment facilities. Approximately 90% of the waste-
water treatment facility grants are awarded to municipalities
of less than 1,000 people where the land-use impact upon the
area may be considered minimal. The remaining ten percent of these
grants, however, are either for interceptor sewers or large
treatment facilities, some of which may trcnt ;i large volume of
waste from private industry (Lead-Deadwood Sanitury District
No. 1 Project; see Appendix V). These grants, therefore, often
have both a tremendous direct land-use impact through acquisition
of land for construction and also a significant impact upon future
development and land management within the facility service area
through the industrial and economic expansion that is associated
with the enlarged services.
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Over 80% of Region VIII's budget is involved in Section
8 Wastewater Treatment Facility Construction Grants. This il-
lustrates the emphasis that the EPA Headquarters places upon the
construction grant program; a yardstick, perhaps, of the EPA's
pollution control effort as far as Headquarters is concerned.
The applicants for construction grants must submit an environ-
mental assessment of the impact of their proposed projects. In
Region VIII, the EPA requires these environmental impact assess-
ments to be prepared according to a set of specific guidelines,
entitled "Interim Guidelines for Preparation and Review of En-
vironmental Assessments for Municipal Wastewater Treatment Projects"
(see AppendixJtD. The purpose of these guidelines is to "evaluate
and document the effects of a proposed project on all aspects of
the environment." There is a specific section that contains
questions that must be answered about land-use, such as "how the
proposed project will encourage or discourage residential, com-
merical, and industrial growth within the service area; the type
and amount of land that will be affected permanently by construc-
tion and operation of the project;" and another asking if the
. . project effects on growth conform with land-use plans
for the area." However, applicants are extremely negligent in
satisfactorily completing these applications according to the
guidelines; therefore, land-use impact, as an environmental assess-
ment is, in practice, almost ignored. The EPA could, of course,
refuse to approve the grants on the basis of such negligence;
yet, such refusal would be inconsistent with the EPA's national
priorities.
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b. The EPA grants construction monies on a matching three
level basis: 30%, 40%, find 50^. Thono three; levels n re u-.etl
by the EPA as an incentive to the states to adopt water quality
standards that are as stringent as interstate water quality
standards. Where the incentive is successful, it limits some-
what the industrial expansion of an area. A state, for example,
might set high water quality standards so that it can take ad-
vantage of the EPA higher matching funds level; a heavily pollu-
ting industry which is not willing to implement available control
technology will, therefore, find little advantage in locating in
that state and would pursue the land and water of another state
that has not set such high standards for its intrastate waterways.
c. In the June 9, 1972 Federal Register, guidelines were
promulgated for "determining the desirability of /wastewater
treatment facility/projects," and the EPA requirements for
wastewater treatment facility (Section 8) construction grants,
which include "basin control" and a "regional and metropolitan
plan." The guidelines for determining the desirability of pro-
posed construction projects contain a consideration of "the
public benefits to be derived by the construction of the project."
It is conceivable that a liberal interpretation of this section
could include proper land-use to be in the public's benefit.
d. The basin control requirement for Section 8 construction
grants is as follows:
No grant may be awarded unless the Regional Administrator
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determines, based on information furnished him by the
appropriate state or interstate agency having juris-
diction responsibilities for the area of concern, that
the project is included in an effective current basin-
wide plan for pollution abatement in accordance with
36
applicable water quality standards.
e. There are interim procedures, however, available to
the applicants prior to July 1, 1973, as outlined and provided
for in the EPA. Water Quality Management Planning guidelines.
These interim procedures "serve the purpose of reconciling lead
time for planning with the existing implementation schedules
and flow of construction projects." But the guidelines go on
to qualify this modification by stating that "at the same time,
interim procedures must assure that immediate and near future
decisions on construction projects as well as on development
proposals affecting future land-use and water quality reflect
the best available planning judgment and evaluation." The
Region VIII EPA, in many cases, has ignored these requirements
for obvious reasons. There are areas that are receiving, and
that have received, construction grants with little if any pre-
vious quality planning. Most localities within Region VIII
"simply do not possess the planning expertise necessary to satis-
fy the EPA's planning requirements. Therefore, the Region V17I
7 £
Federal Water Pollution Control Act as amended.
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EPA can only ask many localities to submit project justifica-
tions for their wastewater construction projects. Subsequent-
ly, the EPA refers to this project justification as an interim
plan. Regretably, the project justifications are in no way interim
basin plans as defined in the EPA Water Quality Management Planning
guidelines and, therefore, there are no plans, including land-use
plans, being developed by these areas. The result is often un-
controlled land development and industrial and urban expansion
with their subsequent air and water pollution.
f. The requirement for a regional and metropolitan plan
for wastewater treatment facility construction grants, as recorded
in the Federal Register, is that:
No grant may be awarded unless the Regional Adminstrator
determines that the project is included in an effective
metropolitan or regional plan developed or in the process
of development, and certified by the Governor or his desig-
nee as being the official pollution abatement plan developed
or in the process of development for the metropolitan area
or region within which the project is proposed to be constructed.
These metropolitan/regional plans are required to consider, as
promulgated in the EPA Water Quality Management Planning guide-
lines, "the relationship of the objectives to the area-wide
goals, objectives and land-use elements of the area-wide compre-
hensive planning as adopted by the APO /Area Planning Organiza-
tion/." Also to be considered are the "present and proposed
land-use and zoning; the possibilities for future expansion and
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the need for new treatment sites," and "the current land-use
in the. context of the limitations or opportunities it may place
on growth." Most important, however, is the requirement of
alternatives:
Alternatives should be examined with respect to
their potential to upgrade urban areas, establish
parks or other programs and to increase public use
and enjoyment of environmental resources as well as
their effect on water quality alone. Compatibility
with plans of other Federal agencies and Land Use
Plans, and Enforcement Conference recommendations
should be assessed as should the relevance of such
factors to goal attainment.
The paragraph further states:
When adverse effects on land or air resources can-
not be avoided they should be included in the anal-
ysis in such a manner that the abatement strategy
will minimize them.
The guidelines also direct that "the pollution control plan
for the M/R area from the alternatives... should here be ex-
plained with emphasis on," among other things, "control of
wastewater quantities through zoning and/or planned growth."
In Region VIII, very few of these M/R plans are developed to
any degree of detail and, thus, the EPA has very little planning
data to judge the feasibility of wastewater treatment project
proposals. The deadline for the fully developed M/R plans is
July 1, 1973, but it is doubtful that many planning organizations
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within the Region will meet this deadline. Therefore, it will
be some time before proper land-use planning will become ;\ p.-irt
of the EPA construction grant programs.
g. Since March, 1972 the Region VIII EPA has prepared an
environmental appraisal of all proposed wastewater construction
projects. These appraisals evaluate the possible environmental
impact of the proposed contruction grants and serve as the basis
37
for the negative/positive determinations.
Recommendations
Since the greatest portion of the EPA's regional budget is in-
volved in Section 8 Construction Grants, and because these
grants effect land-use both directly and indirectly, the EPA
should:
1. Provide the Region's planning branch with more personnel
to assist the states with their planning requirements.
2. Develop a set of land-use priorities and guidelines with
which to judge the total environmental acceptability of
proposed wastewater treatment projects.
3. Write more environmental impact statements on proposed
treatment grants.
4. Require applicants to furnish more complete and detailed
descriptions of the environmental impact of their proposed
projects. This could be accomplished if the EPA would simply
t n
A negative determination means that the EPA has determined
that the proposed grant will have minimal environmental impact and
that there is no need for the preparation of an EIS. A positive
^termination means that there will be a significant impact and
that an EIS should be prepared.
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enforce their own interim guidelines for Preparation and
Review of Environmental Assessments for Municipal Waste-
water Treatment Projects.
5. Require regional and metropolitan plans to be completed
to such a degree, including alternatives, that the desirability,
and feasibility of construction grants to areas within such
planning districts may be properly evaluated by the EPA.
-5.- Section 3 Grants
a. Section 3 of the Water Pollution Control act, as amended,
provides up to 50% of the cost to a planning agency for the
development of a "comprehensive water quality control and abate-
ment plan for a /river/ basin." In Region VIII, there are
three river basin planning districts receiving funds under these
Section 3 grants, while three others are currently being considered
for funding. The EPA in Region VIII approves these grants to
those river basins which it considers to be in the greatest need
of pollution abatement, prevention, and control. This may include
basins which, in the EPA's judgment, appear to be ripe for develop-
ment or appear to be developing rapidly (i.e., Steamboat Springs,
Colorado). The EPA Water Quality Management Planning guidelines
explain what should be included and considered in the final river
basin plans:
"The description /assessing the water and related land resources
of the basin.7 should include a discussion, as delineated below,
of the relation of these resources to the demography and economy
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of the basin and the impact on water quality ..."
Such delineation includes (quoted in part):
(2) Social and Economic Analyses;' Land use, popula-
tion, industrial and agricultural development should be
analyzed as they may affect the water resource.
(4) Water Quality. A discussion of water uses, water
quality levels, and quality criteria. Existing water and
related land uses should be delineated and related to the
economy of the basin. The impact on water quality of in-
creased utilization of the water and related land resource
should be assessed in light of the economic analysis. Ex-
isting water quality levels for all parameters should be
assessed in terms of their impact on the water uses and
on the general aesthetic value of the water and adjacent
lands. This assessment should include the definition of
water quality levels required to protect or enhance the
utilization of the waters.
These planning guidelines also require that the basin plan include
specific consideration of "alternatives for meeting the water
quality objectives for /,the7 basin." One of the alternatives men-
tioned is the possible "control of wastewater quantities through
zoning and/or planned growth both for type and amount of expansion."
b. While the planning district is developing the basin plan,
it is required to assess the environmental impact that would result
from the plan's implementation. The EPA has a set of guidelines
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to be followed by the planning organization as it evaluates
this environmental impact. These guidelines, Environmental
Assessments for Effective Water Quality Management Planning
(see Appendix II) , state that such an evaluation "should in-
clude specifics of the area; the resources involved; physical
changes; alterations to ecological systems; and changes induced
by the proposed action and population distribution, population
concentration, and the human use of land (including commercial
and residential developments), and other aspects of the re-
source base such as water and public services." These guide-
lines also discuss the importance of considering land-use:
Land is used by man for agricultural production,
residential and industrial development, resource de-
velopment, and open space conservation. Each of these
uses have been mismanaged on one occasion or another
and has contributed to environmental problems. Effec-
tive land-use management is a key to environmental
quality enhancement. Some of the questions that
should be asked concerning land include: Do construc-
tion practices at the plant site cause soil erosion?
Is the treatment plant complex compatible with ad-
jacent land uses? Are the solid waste disposal prac-
tices for the mine spoils adequate?
An interim set of guidelines used previous to those discussed
-------
above were promulgated by the EPA for basin planning organiza-
tions funded by Section 3 grants, on "incorporating environmen-
tal consideration" into the development of basin plans, and
required planners to discuss several specific land-use questions.
These guidelines, Interim Guidance for Preparation and Review of
Environmental Assessments for Water Quality Management Plans
(appendix), ask if the implementation of the comprehensive river
basin plan being developed would: 1) "induce urban development
consistent with the development trends or plans of the area;"
2) if the plan "strive(s) for a balance between population and
the capacity of the renewable resources;" and 3) if "the sites
permit enough land to develop a buffer area to screen the /proposed
plan's/ project." These guidelines also require the discussion
of "types and amounts of land that would be irreversibly used
by facilities included in the plan." These interim guidelines are
perhaps superior to the "Environmental Assessments for Water Quality
Management Planning" that subsequently have been adopted by the EPA.
Recommendations
When the EPA funds a river basin planning district to develop a
comprehensive basin plan, it is actually allowing that planning
district to help define the future growth and land-use within its
basin. Therefore, the EPA should:
1. Provide more money to APOs for basin plans that also satisfy
HUD comprehensive planning requirements.
2. Increase the Region's planning staff to assist the APOs
in developing basin plans.
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3. Constantly review the environmental impact, as outlined
in its guidelines, of any planning that has been finished a
a part of the complete basin-plan.
4. Require the basin planning organizations to supply suf-
ficient information in their work programs to allow the fiPA
to discern the general direction that the basin planning
will take; and then
5. Make a preliminary evaluation of the land-use effects o
a basin planning grant for that basin.
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CHAPTER V. ENVIRONMENTAL IMPACT STATEMENT REVIEW
1. General
a. The EPA's review of environmental impact statements
in Region VIII has a secondary but profouiid influence upon
both the consideration other Federal agencies give to land-
use and the eventual land development impact from actual
projects. The Environmental Impact Statement Review sec-
tion of the EPA is also responsible for writing any Environ-
mental Impact Statement that may be required for the EPA's
own Wastewater Treatment Facility Construction Grants.
Thus, the EPA's environmental impact review function con-
sists of an analysis, including land-use considerations, of
other Federal agencies' environmental impact statements and
the evaluation of the EPA's own projects that impact the en-
vironment. The former analysis may be the EPA's most im-
portant authority for land-use control because it encompasses
all federal activity wfeich could impact land-use in the en-
tire region. Often, the EPA's comments will persuade other
Federal agencies to reconsider, change and even cancel pro-
posed projects (i.e., Castlewood Dam, Big Sioux Project).
Since many federal projects involve land development, the
EPA, when influencing project changes, is directly affecting
land utilization.
b. This chapter discusses the EPA's Region VIII Environ-
mental Impact Statement (EIS) preparation and review section
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as its activities impact land-use. Section 2 concerns the
EPA's review of other Federal agencies' EISs, and Section 3
involves the EPA's responsibility to prepare EISs for its
proj ects.
2. Environmental Impact Statement Review
a. The April 23, 1971 Federal Register outlines the
general process that is to be used by all Federal agencies
in preparing Environmental Impact Statements. The EPA, when
reviewing impact statements, refers to these guidelines and
tries to consider, among other things:
1. The description of the proposal; information,
technical data, maps, etc.
2. The probable impact on the environment, both
primary and secondary, including possible pollution
which may result from improper land-Use.
3. Any unavoidable adverse effects.
4. If there are well researched and described al-
ternatives to the action which might eliminate some or
all adverse effects.
5. The relationship between short-term uses and
the maintenance for enhancement of long-term productivity.
6. Any irreversible or irretrievable commitment of
resources.
7. The discussion of problems and objections raised
by other Federal, state and local agencies and by private
organizations and individuals in the review process and
-------
the disposition of the issues involved.
These considerations are within the EPA's mandates and al-
so the EIS reviewer the degree of flexibility that is neces-
sary to properly evaluate environmental degradation that
results from improper land-use. Although the EPA cannot re-
quire other Federal agencies to write environmental impact
statements on their proposed projects, it can request that
such statements be written; and, on controversial and/or im-
portant projects the Federal agency involved.usually feels
compelled to comply. Two avenues are open to the EPA for
persuading other Federal agencies to consider the impact of
their activity. The EPA can make public its comments on
other Federal agencies' proposed projects; or, if agencies
refuse to write an EIS on a proposed project, the EPA can ap-
ply pressures through regional, Washington, CEQ (Council on
Environmental Quality) and public channels to influence the
Federal agencies into writing impact statements.
b. Often, the EPA criticizes projects because of their
impact upon residential, economic and industrial development
with its concurrent land, air, and water pollution (i.e.,
Big Sioux Project, South Dakota); and many times, the EPA's
review will cause an agency ot modify or even abandon its
proposed project (i.e., Castlewood Dam Project, Colorado).
Normally, the EPA is reluctant about defining land-use prob-
lems in its environmental impact statement reviews because
it has no authority to do so, but the EPA can and does
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delineate the air, water, and solid waste problems that may
evolve from improper land-use associated with proposed pro-
jects. For example, commenting on the Bureau of Outdoor
Recreation's draft EIS on the staging of the 1976 Winter
Olympic Games in Colorado, the CPA made several references
to the adverse environmental impact on Colorado from pos-
sible Olympics - stimulated growth:
As the statement indicates, staging the winter
Olympic Games in Colorado is likely to generate
some measure of growth and development in the
state beyond that which would be expected if
the games were not held. Because this growth
has the potential to cause further degradation
of air and water quality in the Olympic area
of influence, we urge that the Olympic planning
effort incorporate comprehensive measures de-
signed to minimize adverse environmental impacts
associated with growth and development in Colorado.
On another proposed federal project, two Corps of Engineers
dams (Big Sioux Project, see Appendix III), the F.PA made a
direct reference to land development without linking it to
some other form of pollution. It commented that the Federal
government, through its actions, should not be in the business
of encouraging flood plain development. In still a different
proposed project, (Castlewood Dam Project, see Appendix IV).
the EPA's review of the EIS was so critical that the project
was dropped. Thus, it is obvious that the EPA, through its
review of EISs for proposed federal activity, often indirect-
ly alters or stops federal projects that might have a degrad-
ing impact on the land.
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c. Most important decisions that have far-reaching
implication for environmental impact are made by Federal
agencies long before an environmental impact statement is
prepared.(i.e., perhaps, Colorado Oil Shale Development).
Since many Federal Agencies write an EIS on a proposed
project that they are determined to conduct, modifying or
stopping proposed projects by criticizing the projects'
EISs is a difficult, mostly ineffective and somewhat de
facto method of protecting the environment from damaging
federal activity. In recognition of this reality, the EPA
impact reviewers in Region VIII are becoming involved more
at an early stage of the decision-making processes of other
Federal agencies. This is an attempt by the EPA to influ-
ence those Federal agencies that have a significant voice
about the use of federal land and resources to give proper
consideration to all environmental impacts before land and
resource development decisions are made, and before agency
resources are commited. The Region VIII EPA, in a preliminary
accomplishment plan dated June 5, 1972 on "Environmental
Impact Statement Review," proposed an aggressive approach
towards environmental protection on the federal land within
the Region. This plan is directed towards injecting environ-
mental considerations into the decision-making process of
other Federal agencies, as indicated.below:
..,/To7assist other Federal agencies in improv-
ing tKe adminstration of the EIS process, the
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regional office will contact periodically an
estimated 2 5 Federal offices responsible for
the majority of EIS projects in the region.
These discussions will focus on the planning
process of other Federal agencies to identify
with sufficient lead time, those projects for
which impact statements fehould be prepared.
Particular attention will be directed toward
identifying proposed projects in critical pri-
ority areas. Controversial proposed projects
will also be called to our attention through
formal and informal contacts with the public.
Having identified projects for which impact
statements should be prepared, the regional of*
fice will contact the other Federal agencies
in writing, suggesting that an EIS be prepared.
For projects of major regional or nation-
al significance, the regional office will as*
sist other Federal agencies in the administra-
tion and management of EIS preparation. These
projects will be identified with sufficient lead
time to plan for the commitment of resources.
Thus, the Region VIII EPA is attempting to promote proper
Federal land management and appropriate consideration of en-
vironmental factors by ensuring that the EIS is an integral
determinant in the decision-making processes o£-."other Fed-
eral agencies.
Recommendations
Since improper land-uses result in far-reaching and diverse
environmental problems, the EPA should:
1. Address more aggressively improper land, management
from federal projects described in Environmental Impact
Statements.
2. Work at influencing more federal land management ag-
encies at the decision-making level in order to introduce
greater environmental and land-use concern into the total
federal land management process.
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3. Environmental Impact Statement Preparation
a. The EPA's environmental impact review section is
responsible for preparing impact statements for the Agency's
ewn projects. These statements consider land-use in much
the same way that it is considered in the review of other
Federal agencies' impact statements. When the EPA is re-
viewing its own projects, however, there may be a tendency
to discount, because of immediate pollution problems, the
long-range land-use and subsequent pollution problems that
may develop from such projects (i.e., Final Environmental
Statement, Lead-Deadwood Sanitary District No, 1, South
Dakota).
b. Seemingly, this near-sightedness is the result of
the combination of an eagerness in the regional office to
satisfy the demands or desires of local residents or de-
velopers (to abate immediate though perhaps minor pollution
problems) and pressure from the EPA Headquarters to keep
the wastewater construction grant money flowing without
interruption.
Recommendations
When the EPA evaluates its own proposed projects, it should:
1. Weigh equally the long-range impact of the project
with its short-term benefits in terms of pollution abate-
ment .
2. Consider all the land-use related pollution problems
that could result from its proposed projects.
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3. Write more environmental impact statements.
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CHAPTER VI. OFFICE OF FEDERAL ACTIVITIES
1. General
a. The Federal Activities or Interagency Assistance
Department of the EPA in Region VIII is located in the Air
and Water Programs Branch. The Department's activities in-
volve the enforcement of Executive Order 11507 along with
providing technical assistance to other Federal agencies
relating to environmental quality on federal land. Federal
Activities in Region VIII has the potential for exerting an
important influence on federal land management activities.
b. Since 32% of the Regional land area is owned by the
Federal government, and since the pressure for developing
this area's resources (i.e., Powder River Basin Coal Develop-
ment, Four Corners area, Oil Shale, etc.) is increasing
significantly, the Office of Federal Activities should be-
come one of the primary regional EPA departments concerned
with the impact of federal land-use activities on environmen-
tal quality.
2. Technical Review and Assistance
a. 90% of the Office of Federal Activities work load
is the review of proposed wastewater treatment projects for
federal installations. The balance of the work load is split
between the review of proposed air pollution control devices
for federal installations and providing technical assistance
and advice to the major land management federal agencies
within the Region, which include the Park Service, the Forest
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Service, and the Bureau of Land Management.
b. The Federal Activities department reviews all the
wastewater treatment projects that are proposed by all the
different Federal agencies within the Region. It then es-
tablishes a general priority listing of proposed projects
for each agency on the basis of where the proposed project
is located with relation to the EPA's pollution priority
areas and enforcement actions. This list is submitted to
the OMB, which decides what projects should be referred to
Congress for funding within each agency's annual budget.
The land-use impact of these wastewater treatment projects
is limited to the nature and extent of the development and
recreation pressures on the area within which the project
is proposed. The funding of a large wastewater treatment
plant for a major national park, for instance, would have
much more land-use impact than the funding of a plant for
an isolated military installation. For the most part,
development on federal land is more controlled than on pri-
vately owned land and the land degradation that results from
development of federal land can best be influenced either
through EPA cooperation with other agencies at the decision
making level (see c. below) or through EPA's review of en-
vironmental impact statements (see Chapter 5),
c. The Office of Federal Activities major land-use im-
pact is currently indirect and the result of the EPA assis-
tance to the Forest Service in developing improved timber
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leasing practices and in enhancing their general land
management practices. The Office of Federal Activities is
also trying to expand its influence over more of the Forest
Service's activities by exerting pressure on the Forest
Service to adopt a policy which provides for greater total
fiber utilization on land leased for timber harvesting.
Thus, the Office of Federal Activities is cooperating with
the Forest Service in an attempt to influence the agency in-
to adopting leasing guidelines which provide for more land
resource protection and, concurrently, less soil erosion
and water pollution and fewer solid waste problems on leased
Forest Service land. Finally, the Office of Federal Activi-
ties is considering an investigation of both the over-grazing
problems on leased Bureau of Land Management land and the
affects of the Bureau's grazing lease requirements on land
quality.
Recommendations
The Office of Federal Activities should:
1. Work with the Assistant for Planning and Evaluation
to establish a specific list of major land-use problems
on federal land within the Region, concentrating on those
land-use problems that adversely affect, or are likely
to adversely affect, environmental quality.
2. Expand its sphere of influence over those Federal
agencies which have jurisdiction over the land-use
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problems established under Recommendation (1).
3. Assist those Federal agencies in alleviating the
improper land-uses and concurrently enhance the envir-
onmental quality of federal land.
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CHAPTER VII. PLANNING AND EVALUATION
1. General
a. The Assistant Administrator for Planning and Evalua-
tion in Region VIII has the responsibility for defining the
more vital pollution program issues within the Region con-
sistent with the EPA's pollution control mandates. From
these program issues he establishes priorities which the EPA
can realistically work toward with its limited resources.
The product of this process is a set of accomplishment plans
which the EPA uses as environmental qual ity goals.
b. The Assistant for Planning and Evaluation also ad-
ministers in conjunction with the division personnel an ad
hoc evaluation process designed to determine the progress
which the Region has made toward its defined goals (accom-
plishment plans). Since the EPA's land-use impact depends
on what the agency is trying to achieve, the Planning and
Evaluation function is the basis for the land-use impact
that results from those pollution control programs which
rely upon regional emphasis.'8
2. The Planning Process
a. The process of establishing the Region's environmen-
tal quality goals and then planning how the Region's resources
will be directed toward attaining those goals is vital to the
3®Some of the EPA's pollution control programs allow for
extensive regional emphasis (i.e., Federal Activities), while
others (i.e., Air Programs) have very limited flexibility.
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the EPA's land-use impact. If, for example, the regional
office would choose a moderately polluted river basin with a
stabilized population as one of its priority pollution areas
over another relatively clean river basin under tremendous
pressure for development, the EPA would focus its resources
(i.e., Basin Planning Grants and Construction Grants) on
the moderately polluted basin. The clean basin might be
developed without planning and with little control. The
result would be unnecessary land degradation with its concur-
rent air, water, solid waste, and noise pollution. The
pollution control program emphasis in Region VIII, however,
is either on areas that are heavily polluted or areas which
are relatively clean and under heavy pressure for development
(i.e., 3c Basin Planning Grants: Steamboat Springs, Colorado).
b. The general theme or goal of pollution prevention
seems to run through most of Region VIII's planning. Thus,
one of the main objectives of many accomplishment plans and
preliminary accomplishment plans is the identification of
potentially consumptive and degrading land-uses along with
the prevention or control of land-uses that represent or
result in other forms of pollution.
3. The Evaluation Process
a. The purpose of the evaluation process in Region VIII
is to measure the Region VIII EPA's progress towards achiev-
ing the goals represented by its accomplishment plans, to
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determine which regional programs are most successful, and
to define what is needed to make unsuccessful programs more
effective in achieving desired goals. The Region VIII re-
sources are evaluated in terms of what amount of environmental
protection or enhancement can be realistically achieved.
b. In Region VIII, the EPA's resources are often
focused on pollution prevention measures which usually in-
volve the identification and control of potential improper
land-uses. Therefore, the EPA's planning and evaluation
mechanism has involved the Region VIII Headquarters in in-
fluencing proper land-use management techniques (see Environ-
mental Impact Statement Review, Chapter V).
Recommendations
See Chapter II, Administrative Recommendations.
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CHAPTER VIII. SOLID WASTE PROGRAMS
1. General
a. Hie EPA's current solid waste programs in Region VIII have a limited
and somewhat short-term land-use impact. TTiis impact is the result of the
Agency's solid waste planning grants authorized under Section 207 of the
Solid Waste Disposal Act, to 1) states and 2) regional or local agencies. The
EPA's technical assistance to other federal agencies also impacts land-use.
b. The direction of the region's solid waste programs is very much dependent
upon the national headquarters' perspective, which, to date, has been a
strong limiting factor to the comprehensiveness of the region's programs.
2. Solid Waste Planning Grants
a. All six states within Region VIII are receiving funds from the EPA
through its solid waste planning grants to develop comprehensive state plans
for the disposal of solid wastes. These plans are intended to bring about the
abandonment of open dunps and their related air, land, and underground or sur-
face water pollution. The grants to regional or local agencies have basically
the same purpose, but are usually used to develop more detailed planning of
pick-up systems and landfill sites. These planning grants are the major, if
not only, source of funds available to state and local agencies for the planning
and management of solid waste disposal.
b. The EPA, through incentive of its planning grants, strongly encourages
state and local agencies to replace open dumps with sanitary landfills (Mission
5000). To further influence this transition, the EPA provides planning guidelines
with their grants to solid waste planning agencies. These guidelines are rather
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mechanical in nature and serve to aid local planners in the methodology of
solid waste planning, especially planning for sanitary landfills.
c. Thus, the EPA's solid waste planning grants affect land-use by encouraging
states and local agencies to discontinue the improper use of the land that is
associated with open dumps. Although this transition of open dumps to landfills
eliminates an improper land-use, it may not represent the most advantageous
process for the protection and enhancement of the land and other resources. By
encouraging state and local solid waste planners, through planning grant guide-
lines, to develop comprehensive solid waste plans that incorporate recycling,
composting, incineration, and sanitary landfills (with priority in that order),
the EPA could be helping to ensure that fewer virgin materials will be consumed
by the public^ and that less land will be consumed for solid waste disposal.
This proposition is a long-range, prevention-oriented solution to solid waste
and land-use problems, but the H&source Recovery Act of 1970 contains the in-
centive for the essential elements of such a proposal. In encouraging state and
local planners to implement sanitary landfills, the EPA may be detracting from
long-range solutions to land-use and solid waste problems.^
Recommendations
The EPA should:
1. Deemphasize the sanitary landfill as the main method of solid waste
disposal and begin to encourage states and local governments to develop com-
prehensive solid waste management plans which incorporate several solid
39if
more solid waste was reused and recycled, less virgin materials like
trees, tin, and aluminum would be used and the land that produces those virgin
materials would also fce protected.
40
EPA's push for land fills may result in slowing the development of recycling,
composting, and incineration.
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waste disposal methods including (in order of priority) a) recycling,
b) composting, c) incineration, and d) sanitary landfills.
2. The Solid Waste Programs Branch should develop solid waste management
planning guidelines to assist states and local governments in developing
the type of solid waste management plan described in 1. above.
3. As provided in the Solid Waste Disposal Act, the EPA should begin to
address, in the form of technical assistance to the states, local governments,
and individuals, the solid waste problems associated with agricultural
wastes, mine tailings, and sedimentation in general.
3. Solid Waste Disposal on Federal Installations
a. Executive Orders 11507 and 11514 require all federal agencies to protect
the environmental quality of federal land. Pursuant to these orders, federal
agencies are required to implement the necessary environmental quality control
activities, which includes the proper disposal of solid wastes, on federal land.
The EPA cannot require other agencies to comply with these requirements, but it
does provide some technical assistance for solid waste disposal to those agencies
that request such assistance.
Recommendation
The Solid Waste Branch of the EPA should expand its technical assistance
to other federil agencies with special regard to mine tailings (oil shale
development) and slash on Forest Service leases.
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CHAPTER IX. PESTICIDE PROGRAMS
1. General
a. Pesticide use has many varied effects on the land. Ob-
viously, in turn these effects impact land-use. The effects
pesticides have on the land are described well by the follow-
ing comments and observations:
The advent of chemical pesticides has resulted
in the conversion of millions of acres from brush
and weedy plants into grazing lands more productive
for domestic livestock. In making these conversions,
the wildlife potential may be seriously impaired,
i.e., sage grouse habitat may be eliminated and forbs
and browse necessary for antelope removed by chemical
pesticides.
The use of pesticides have frequently resulted
in large changes in crop rotations with a resulting
increase in runoff. The change from a corn, small
grain, pasture rotation to a straight corn produc-
tion increases the amount of pesticides and ferti-
lizers used. This type of cropping reduces the
aggregation of soils by reducing the organic matter;
therefore, causing a greater amount of erosion.
Pesticides, like many of the plant nutrients,
are physically attached to soil particles. Thus,
both wind and water erosion can and does move
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these pollutants into areas where they may cause
environmental damage.
Herbicides used in noxious weed control can
effectively remove protective soil cover allowing
accelereated soil erosion. Some of the herbicides
used are relatively persistent and one (picloram)
is also highly water soluble and may move far from
the place of application.
2. Pesticide Pollution Control Programs
a. The Pederal Insecticide, Tungicide, and Rodenticide
Act provides that all pesticides shipped in interstate com-
merce be registered by the EPA according to regulations for-
mulated to implement the intent of the Act. In registering
pesticides, the EPA has some control over the manner in
which, pesticides are to be used. Through better control of
pesticide use, the EPA could limit the misuse of pesticides
and help to eliminate a certain amount of land pollution,
especially in agricultural areas. Agricultural pesticides
can be, and often are, misused, especially when pesticide
use is not strictly defined and controlled. Such misuse
results in land pollution and a decrease in the land's pro-
ductivity or use for agriculture; misuse also results in
pesticide runoff into lakes and streams, causing water
pollution which decreases the recreational or industrial
^Ivan W. Dodson, Jr., Region VIII EPA, Biologist, comments on
draft final land-use report.
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potcntial of the entire surrounding area.
3. Federal Environmental Pesticide Control Act of 1972
a. The FEPC Act increases the EPA's authority to control
the use of pesticides. The EPA will be responsible for the
registration of all pesticides and the control of all pesti-
cide use. Pesticides that are manufactured and sold within
a state's boundaries are no longer immune from the EPA's
registration requirements. Furthermore, the EPA can now en-
force pesticide usage regulations; for example, if a land
owner is using a greater concentration of a pesticide on his
land than is allowed under the EPA's registration of that
pesticide, the EPA may file a civil or criminal suit against
the land owner for violating the regulations concerning the
use of the pesticide.
b. However, the EPA will need a substantially increased
Office of Pesticide Programs to properly monitor pesticide use
and enforce the regulations. It is doubtful that the EPA's
pesticide programs will be funded to such a degree that the
EPA could effectively discharge and conduct the provisions
of the FEPCA; subsequently, the protection of agricultural
land from pesticide misuse will not be realized to the ex-
tent that is possible under the 1972 FEPCA.
Recommendation
The EPA should provide the regional Pesticide Programs Branch
with the resources that will be necessary to thoroughly enforce
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the new Federal Environmental Pesticide Control Act of 1972;
special emphasis should be placed on providing the staff re-
quired to monitor the use of pesticides by individuals.
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CHAPTER X. NOISE PROGRAMS
1. General
a. The Region VIII EPA's Noise Program, although in its
infancy, includes a noise strategy for the elimination of
noise pollution. This strategy relies on the cooperation of
state and local officials and the interest of the general
public to help abate noise pollution. The emphasis of this
noise strategy is on 1) encouraging states to establish
Noise Pollution Control Offices; 2) influencing communities
within the Region to appoint environmental officers who would
be responsible for monitoring and taking steps to elminate
all forms of pollution, but especially noise pollution; and
3) making recommendations to state legislatures for compre-
hensive noise legislation. So far, four states in Region
VIII have noise offices and several communities have appointed
environmental officers.
2. Land-Use Impact of Noise Program
a. Although the Region VIII Noise Program strategy is
product oriented (noise standards)"'", there are some subtle
land-use ramifications of the overall program. One element
of the strategy involves influencing state and local govern-
ments to adopt noise standards which would regulate noise
"^1972 Noise Act notwithstanding.
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leyels for specific geographical zones and establish noise
limits for highways, industrial parks, etc. Such standards,
if not properly planned or enforced, could result in the
development of improper land-use patterns. For example, if
a city established noise standards that would force new
highways, industrial parks, etc., away from urban or suburban
areas, the result would be an expansion or spreading out of
such development away from populated areas and, in turn, new
urbanization would leap-frog the inherently noisy development
for yet undeveloped areas.
Re commendat ion
The EPA Regional Noise Program should encourage state and
local governments to adopt noise legislation which could
abate noise pollution without relying upon or fomenting
consumptive land patterns Ci«e., tree belts along highways
vs. land buffer zones).
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ADDENDUM. POPULATION PROJECTIONS
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ADDENDUM. POPULATION PROJECTIONS
There are no discrepancies between population projec-
tions used to determine waste treatment facilities' capaci-
ties and those used in Air Quality Implementation Plans,
because there is absolutely no correlation between the two.
Most air quality projections are based on a multi-county
Air Quality Control Region, while waste treatment projec-
tions are done for "service areas," which may encompass
only a muncipality or part of a county.
Four of the states in Region VIII - Colorado, Montana,
North Dakota and South Dakota - did not derive their own
figures for population projections in their Air Quality
Implementation Plans. Instead, they got their figures from
the Region VIII EPA Headquarters, which in turn got those
figures from the U. S. Department of Commerce. Consequently,
for four Region VIII states, the air quality population pro-
jections are not based on firsthand knowledge of state and
local trends, or of regional trends, but on a figure derived
on a purely statistical basis in Washington, D. C.
Two of the states in Region VIII did, however, derive
their own figures. Wyoming and Utah based their projections
on trends of a more local nature. Wyoming's figures are based
on projected mineral development. Since mining is by far the
leading industry in the state, this seems a reasonable indica-
tor of population increases. Utah obtained their population
-------
projections from the Salt Lake City Transportation Study,
derived by those familiar with local trends. The Region
VIII EPA staff has encouraged states to come up with their
own population projections for Air Quality Implementation
Plans, but four out of the six states took the Department
of Commerce figures instead.
Population projections for waste water treatment facili-
ties are normally done by the consulting engineer for each
project. The projections are done for "service areas," which
may include a municipality, a drainage basin, part of a county
or any number of combinations. Since there are often many
service areas in one county, comparing these projections, to
the county and regional figures in the Air Quality Implementa-
tion Plans is somewhat like adding apples and oranges.
There is a general feeling in the Region VIII EPA Head-
quarters that population projections are of little value in
evaluating projected needs. Depending on the mathmatical
formulae and raw data used, there can be 100% or sometimes
200% difference in the outcome. It is hard to say one pro-
jection is "right" and another "wrong," because they are all
derived by valid statistical methods.
Tor example, three different projections were made for
the year 2000 for Adams County, Colorado. The Colorado State
Planning Office gave one figure, the Denver Regional Council
of Governments gave another, and a strictly mathmatical formul
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called the Linear Regression Shift gave still another:"1"
Projected Population of Adams County in 2000
Colorado State Planning Office 375,000
Denver Regional Council of
Governments 418,000
Linear Regression Shift 267,476
It is also possible mathmatically to come up with a projection
figure far beyond a reasonable land-carrying capacity. These
figures must be tempered with good judgment by people who know
the area well.
Because population projections are so easily adjusted to
suit special interests, and because they are so hard to prove
right or wrong, they must be taken with a grain of salt. Those
in EPA who must evaluate waste treatment and air quality plans
should strive to know the area as well as possible, and avoid
heavy reliance on population projections.
Working Draft of Comprehensive Long-Range Plan for
Wastewater Treatment in the Metropolitan Denver Area,
1972 - 2000. March 1972, Metropolitan Denver Sewage Dis-
posal District No. 1.
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APPENDIX I
EPA-HUD INTERAGENCY AGREEMENTS
-------
DEf'AfO'MCNT Ol7 HOUSIN'G AND UROAN DfiVELOP.'.irK'T
v ! ¦ *
\\; ; / v.'/.sinuoi c*: !y c •. c. 2c.n0
ASSISTANT Jl'CMr.TAKY FOR
COMMUNITY PLANNING AND MANAGCMCNT
m a 2 nrt
Mr. William I). Ruche1 shaus
Adminis tralor
Environmental Protection Agency
Uashit'gton, I). C. 20-i60
Z) jf>
Dear; 1-Jol' Kuckelshaus:
\J?
It gives mo a great deal of pleasure to return to you tlic Joint
Agrc-.c^cnt for Inter-Agency Coordination in Planning and
Dcvo.l op.nont as approved by the Environrr.cntal Protection Agency
flnd this Department, In addition to its consistency with the
Presidential objective of sir.plif i cation end streamlining, the
Agrcensnt is in accordance with the objectives of this Depart-
ment to promote comprehensive planning at the metropolitan and
ropioual levels. • Fur the more, important' environmental concerns
of 1!J.'A find HUO, such as water resources, are prcpr. ily placed by
the Agreement within the conlc-xt of the comprehensive planning
process.
Apparently, the spirit of cooparation and diligence was
prevalent throughout development of the Agreement, since these
noteworthy qualities were also observed in the efforts of your
staff and are sivrlj r.rly appreciated,
I am in agreement with, your s'-iggc-.stion concerning simultaneous
announcement and forwarding of the Agreement provisions to.the
EPA and HUD field offices. I am instructing my staff to proceed
with" the development of the announcement in coordination with
appropriate EPA staff.
The Department intends to work closely villi your Agency in the
joint implementation of this Agreeuent. If I can he of any
further assistance in this effort, please do not hesitate to
contact me.
K'no 1 i-.'-uve
i
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i-k'vij'.oa'i'.M'.wiai. r!:oi l-xtiow agi:.ucy
V.'ASI III JlJTC'iJ, IX C.
Ml ? 1971
Orrictor m
/vOCIMSIf.lICA
Mr. Samuel C. Jackson
Assistant Secretary for Conr.mnity
Planning ancl r.rmage-.-.cnl:
Depar tr.-.cnt of llouy.i ng and Urban Development
451 Vl.li Street, S.W.,
WashingtonP. C. P.O-MO
Pear 7Ir. Jackson:
This letter transmits for your concurrence a Joint Agreement for
Inter-Agency Coordinntion in Planning mid Development that should
Btir.ivil.ite through our combined efforts mo re. responsive and effective
functional planning to achieve national objectives for water quality.
tOur respective; staffs have developed this Agreement as n joint effort.
'If it ir.eeis with your approval, I would suggest that the provisions
it contains be. announced simultaneously avd forwarded to our respective.
Field Offices. This Agreement represents an initial step in inpler.ientin
unified planning rccjuirenents and coordinated administration, consistent
v?ith the President's objective to streamline and simplify Federal assis-
tance programs .
The ccor evaliive and diligent efforts; of your staff in assisting
in the development of this Agreement are rr:ost appreciated.
I look forward to continued cooperation and mutual support of our
corrcnon objectives to clean up and keep clean our water resources.
Sincerely,'
William D. Ruckelshaus
Administrator
Enclosure
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EPA-1AG-0007
JOINT AOIIKKMKmT FOn INTEU-AGKNOY COORDINATION
in pi/ANNino and Pi:vi:r..oi*;:i:nx
BKTWEKN
THE DKPAttTKEKT OF HOUSING AND HUH AN ^DEVELOPMENT
AND
THE ENVIRONMENTAL PROTECTION AGENCY
Tliis 11UD--EPA inter-agency Agreement has been developed in
recognition of the. need for uniform planning requirements to
detcrnine eligibility of State and local govcrnnents and agencies
for Fcdor.nl grants to assist the construction of veslevator
collection and disposal facilities and systei.is, and for tlin
coordination of Federal assistance for such planning and related
regulatory program?.
I. SCOPE OF THE AGREEMENT
Tliis Agreement provides for coordinated administration of cor.prehensive
and functional planning and construction grant requirements applicable
to:
(a) Policy and coordinativc planning;
.(b) Integrated functional planning for water duality; and
(c) Development of fully integrated \:aste*.:ator collection and
lrealT.ic.nt systems.' The grants awarded by Hl.'D and EPA for those
pr-. ~ V 1 j'7 rr 'J- : t'.ie
same ne'uiuisti\-tj.ve and regulatory requirements v.'ith respect to
comprehensive and fuiictioual planning, and programing of v;aste-
v?ater collection and treatment systems. This Agreement incorporates
the interagency pi mining policies and procedures set forth in the ~
Appendix of this /grecr.ent.
II. PP.OCNAMS INVOLVED
The following programs of both. Agencies are covered by this Agreement:
DEPARTMENT OF HOUSING AND URgAN DEVELOP: i!T.T
1. Piasic Vat or and Sever Facilities Grant Prograr: Section 702 of
the Housing and Urban Development Act of 1965, as anonded - 1.2
USC 3102(C).
iii
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2. Conprohensivo Pl.'uJ.;;;; As:? j.staacv (7C1) Gr;uit Pj oj.ran-Scct ion 701
of the Hon.1;in;', Act of 1954, as ai.umded, - 40 USC 461
KMVIKOMMKNTAL PJJO'i'lXT10!J ACESCY
1. Construction Grants for Wastewater Treatment Works - Section 8
of the Water. Pollution Co:U:vol Act, as amended - 33 USC 1158.
2. State and Interstate Prop.ra^ Grants - Section 7 of the Water
Pollution Control Act, as amended - 33 USC 1157.
3. Comprehensive Uiver Basin Plenain^ Grants - Section 3(c) of the
Viator Pollution Control Act, as amended - 33 USC 1353(c).
t
A full description of the programs listed is presented in the
Appendix, Article TIT, Paragraph G.
III. F0PMUJATI0H OF ATX/miK PLANNING STANDARDS
A. Coordinative Planning Standards.
DLPAniMl-.KT 01' HOUSING AV.T) liJU'/'i', ))KVi:LO?Mi;MT
0
HUD -wjl.] be responsible ?or fornul a'cJ.r^; coyrdinative planning
standards. The standards for coordinative planning vill include
bu.t noL be litrited ro £,u.idoline.s and minium,: requirements with
respect to both (a) the le£,al. status, cc.T.position, staffing,
financial support and other characteristics of the arervide
planning organization; and (b) the research and analysis, policy
forr.mlation, coordination, and evaluation activities of coordi-
nate ve planning as defined in the Appendix, Article T.V Paragraph P.
. I'liiictivJjlCvL.V.li^QVjU1 Jj."rJjIily.'l/L -0Qt'J lity Nannr.c-ttenr.
environmental protection ac::iicy
EPA vJ. 11 be responsible for formulating the standards for vastevatcr
collection and disposal systems planning. Such standr-rds vill
include but not bo. lii'tifed to guidelines Jind i.tf.nir.u;'i requircMants
v/itli respect to: (a) the research ar.d analysis, policy, rccoiir-ended
priorities (subject to rev.t (•:¦ and cc.:;;.ient for cons is tcr.cy villi
State, planning strategy, priorities and p Ian f nrr.ul.'.t ii , pror\r;'.'.'.-
tniv;p. and i-r'.i?J.'ilin;',, .itU r^c.! l orir.-; and eva.l ur.t ion ao 1 ivi l J cs of
vasLevator c.al lection .'trie! disposal fund:! r>r.-~.l pic-:r. i•.13 nr. de f::>1
in tlu- Append b:, Article J.V Par;r-vaph P.; (b) the or;.-:'.n ¦/;¦> l i orial
avrnn^.OMC-nt.s of the Areavide V3 r:;>v£ Ort-an:! :-sl. io:, (.','"0) for carry; n^,
out wasIeve V';r collection -and dispos;;] faiic t:' planning vithin
the. Areavide H anni:-?. .luvlsd ict ion (A'1.1) ; ar.;"' (c) the '.:aler ciurl i Ly
iv
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planni nf; required in accordance villi construction grants
regulations (3 S CTK fiOl) . Sue!) planning ir, to provide
informal::?on on the. river bar. in and in:\t:vopolil an a r c a ( r>)
point and non-point sources of vatc-.r pollution, and
uti.li7.ci; a systems approach integrating facility construction,
management, financial and legislative components. A valid
predictive -loodfil in also desirable,
iv. limitations co:;cf.rn'.c;g application ov standards rorj-ruLATED
The standard developed by either Agency under Section A and B
of Article 111 above uil1 be subject to the concurrence of
the other Agency and i.'il 1 conform to any limitation?:- and
specification." imposed by statute or published regulations
of the pro^ran covered. 1'ach party to tliis Agreement will
retain responsibility for vaking determinations regarding
consistency of proponed projects.with areawide planning.
Nothing in this Agreement vill be construed to linit the
discretion of either signatory Agency to delegate or further
delegate, as authorised, the functions and responsibilities
covered by tUis Agreement to their o-.'n regional, area or field
offices, or to State and local agencies, to the full extent: of
thc.il* legal authority.
V. FLAKMIMG ASS1STANCK
The signatory Agencies agree to provide planning
grant assistance to arec'.vide planning programs on a joint basis
vherever possible, arid to give priority in their planning
assistance grant program..'; to aro.av/ido planning programs jointly
funded by tha ' si gna torv t\?c\ic ior-,. Pol ] c ' es and prnrcdur ?rj to
ir.pl',. ' i";. pl.v.v-iing are set forth in
the Appendix', Article III.
VI. KFFF.CIIVK DATJ: AND supekskduue
To the extent provisions of the Agrecii:?nt and the Appendix of this
Agreement arc inconsistent vith provisions of prior agrearient::
between the signatory Agencies, such provisions of prior agreement
are hereby superseded.
Signed at Washington, 1), C., This 7th day of J_un_e , 1971
Community Planning and Mannge.T.ent
-------
JOINT REGIONAL AGREEMENT FOR INTER-AGENCY
COORDINATION IN PLANNING AND DEVELOPMENT
Between
THE ENVIRONMENTAL PROTECTION AGENCY
and
THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
REGION VIII - DENVER, COLORADO
In accordance with the "JOINT AGREEMENT FOR INTER-AGENCY COORDI-
NATION IN PLANNING AND DEVELOPMENT BETWEEN THE DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT AND THE ENVIRONMENTAL PROTECTION AGENCY" dated
6-7-71, the Region VIII offices of HUD and EPA mutually agree to the
following:
1. Modification of EPA-HUD National Agreement
A. Prior to July 1, 1973, HUD certification requirements and EPA
Water Quality Management planning requirements may be waived
by mutual consent of both EPA and HUD for non-metropolitan
areas on a case-by-case basis. Such waivers may be granted
only after consideration of the following criteria.
(1) Need for abatement of a public health hazard.
(2) Need for compliance with State-Federal Water Quality
Standards and with EPA enforcement conditions such
as 180^day notice and enforcement conference recom-
mendations and Water Quality Standards Implementation
schedules.
(3) Requirements of State and local cease and desist orders.
(4) Assurances that the subject non-metropolitan area will
meet both HUD and EPA requirements by July 1, 1973.
(5) Compatibility between collection and treatment system
is assured.
2. Interagency Processing Procedures
A. EPA and HUD Will notify their respective constituents of the
National and regional joint agreement for interagency coordi-
nation in planning and development.
B. EPA and HUD field offices will provide each other, on a monthly
basis, a list of all grant applications, including locations
and the name and geographical coverage of the Areawide Planning
Jurisdictions in which they are located.
vi
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-2-
C. Interagency working arrangements will be established between
HUD and EPA offices t6 accomplish the following:
(1) HUD will notify EPA of those APO's and APJ's that meet
HUD certification requirements. Copies of HUD certifi-
cation forms 4110.1, 4110.2 and 4110.3 will be sent to
the EPA office by the HUD office.
(2) EPA will notify the appropriate HUD office of those
areas where interim basin and areawide water quality
plans are sufficient to evaluate a HUD sewer grant.
(3) Applications for the 10 percent bonus feature of EPA
construction grants will no longer be referred to HUD,
as projects in cleared metropolitan areas will auto-
matically be eligible.
(4) EPA field offices will notify the HUD office of all
180-day enforcement notices upon issuance.
3. Planning Areas and Organizations
A. EPA and HUD are to recognize the same Areawide Planning
Jurisdictions (APJ). Wherever possible, State designated
planning districts or 0MB designated clearinghouse juris-
dictions should be recognized as the APJ's. There may be
situations that require planning on a smaller scale and
the designation of smaller APJ's within a State planning
district or clearinghouse area. This may be the case where
HUD-required planning arrangements for an entire State
planning district or clearinghouse area are not yet fully
developed or where initial planning priority should be
focused on urban areas within largely non-metropolitan
planning districts. In these cases, water quality manage-
ment planning may be performed for the urban and urbanizing
areas redefined and/or designated as APJ's within the larger
planning areas.
B. A specific Areawide Planning Organization (APO) shall be
responsible for the planning within each APJ and will be so
designated and certified by the responsible HUD Area Office.
An APO can have jurisdiction over more than one APJ. In
those instances where no APO is in existence or cannot be
established for an APJ within a three-month period and an
EPA grant is critically needed, the requisite HUD planning
may be carried out by or under the direction of the approp-
riate State agency as designated by the responsible HUD Area
Office. In such cases, planning and policy decisions will
be made by the State in conjunction with local elected
officials and the area will be placed on notice that no
vii
-------
-3-
further HUD sewer or EPA municipal treatment facilities
construction grants assistance will be available unless
an acceptable APO is established within one year.
C. Areawide Water Quality Management Planning should be per-
formed by the APO. In those instances where the APO does
not have the capability or is unable to undertake such
planning at this time, the State may assume this responsi-
bility with the concurrence of the APO, if in existence.
D. Special Cases.
The above descriptions define requirements where each agency's
programs are on schedule. Where adherence to the above would
materially hinder the other's program, modifications of these
requirements will be developed in conjunction with the State
water quality and comprehensive planning organizations. Such
modifications will be included as addendum to this agreement.
A. Acceptance and Certification of Plans
A. EPA will accept plans that have been certified by the State
after a review shows that 18CFR601.32-.33 (July 2, 1970)
requirements have been met.
B. HUD certifies metropolitan/regional water quality plans,
after EPA has found them acceptable, as meeting the
functional planning and programming criteria for water
and sewer facilities as set forth in HUD's Circular
Series MPD 6415 (July 31, 1970).
C. Notification to the States of plan acceptance by both EPA
and HUD will be the responsibility of EPA. Since timing
is critical during the interim period, verbal signoffs can
be obtained (recorded by memorandum in plan file) .
D. In order to assure flexibility as called for in the HUD
certification procedures, preliminary plans and programs
for initial HUD certification are acceptable as a minimum.
Such flexibility may be especially appropriate in non-
metropolitan areas where planning organizations have
recently been established. The preliminary approach may
take the form of a land use sketch plan, preliminary goals
and objectives, population and economic projections, and
a preliminary water/sewer plan and program provided a work
program is submitted indicating that such planning will be
updated and refined for recertification purposes. The de-
velopment of such preliminary planning and programming should
not involve more than a two to thre*6 month effort.
viii
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-4-
5. Development of Joint Programs
A. EPA-HUD offices will meet as appropriate to develop and
coordinate joint regional strategies which influence the
funding of projects and which have significant environmental
considerations.
B. EPA-HUD offices will meet as appropriate to develop a pro-
cedure to coordinate respective planning assistance programs
for water quality and comprehensive planning.
6. Modifications of this Agreement
In keeping with flexibility inherent in the EPA-HUD agreement,
this agreement between the Region VIII offices may be modified
iny appropriate time.
Rabert C. Rosenheim
Regional Administrator
I/epartment of Housing
and Urban Development
A. Green
Regional Administrator
Environmental Protection Agency
Region VIII
Vnnlnr, WTTT
• M. i. J.
ix
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APPENDIX II
GUIDELINES FOR PREPARATION OF ENVIROiNFBfTAL ASSESSES
-------
CHAPTER 1. ELEMENTS OF ENVIRONMENTAL ASSESSMENT
The overall goal of environmental assessment, as defined by the National Environmental
Policy Act, is to insure that Federal actions
. . encourage productive and enjoyable harmony between man and his environment;
to promote efforts which will prevent or eliminate damage to the environment and
biosphere and stimulate the health and welfare of man; to enrich the understanding of
the ecological systems and natural resources important to the Nation. .
This chapter discusses the basic intent of the assessment process, the scope of the process,
and how the results of an assessment can be useful to State, regional, and local planners.
Intent
Jhe environmental assessment is intended to insure that watet-quality-management planning
and related activities contribute to the net well-being of man while minimizing or eliminating
adverse impacts.
Until quite recently, quality of life was interpreted as a function of standard of living as
measured by various economic indicators. It is now evident that quality of life cannot be assured
through increased economic growth alone. To enhance the net well-being of man, environmental
and related social factors must be analyzed before economic development activities proceed.
As stated previously, NEPA requires that environmental impact statements be prepared on
major Federal actions that will have a significant effect on the environment. It is hoped that this
additional dimension of environmental planning will lead to more prudent use of resources and,
consequently, to a higher quality of life. Each impact statement must address the five areas of
concern outlined below; indicated details that must be covered have been excerpted from EPA's
"Procedures for Preparation of Environmental Impact published in the Federal
Register (40CFR Part 6). Such impact statements will frequently be prepared on water quality
management plans accepted by EPA. Environmental assessments prepared as part of these plans
should address the same concerns required in an impact statement and must identify
Direct Environmental Impacts of the Proposed Action
• All primary and secondary effects, both beneficial and adverse, should be
described.
• The scope of the description should include both short- and long-term impacts.
9 The analysis should include specifics of the area; the resources involved; physical
changes; alterations to ecological systems; and changes induced by the proposed"
action and population distribution, population concentration, and the human
use of land (including commercial and residential developments), and other
aspects of the resource base such as water and public services.
• The time frames in which these impacts are anticipated should be included.
® Mention should also be made of remedial, protective, and corrective measures
which will be taken as part of the proposed action should it be implemented.
x
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(2) Adverse Impacts that Could Not be Avoided Should the Proposal be Implemented
® A description should be provided of the kinds and magnitude of adverse impacts
which cannot be reduced in severity or which can be reduced to an acceptable
level but not eliminated.
9 For those impacts which cannot be reduced, their implications and the reasons
why the action is being proposed not withstanding their effect should be
described in detail.
® Where abatement measures can reduce adverse impacts to acceptable levels, the
basis for considering these levels adequate and the effectiveness and costs of the.
abatement measures should be specified.
® In particular, the analysis should detail the aesthetically or culturally valuable
surroundings, human health, standards of living, and other environmental goals
set forth in Section 101(b) of the National Environmental Policy Act.
Alternatives to the Proposed Action
e Alternatives to any proposed action wliich involves significant trade-offs among
uses of available environmental resources should be developed, described, and
objectively weighed.
© Analyses should be structured in a manner which allows comparisons of environ-
mental cost differences among equally effective alternatives, and differences in
effectiveness among equally costly alternatives.
® Where practicable, impacts should be quantified or else described qualitatively in
a ,way which will facilitate an objective judgment of their value.
• The alternative of taking no action should also be evaluated.
V/ (4) Relationship Between Local Short-Term Uses of Man's Environment and the
Maintenance and Enhancement of Long-Term Productivity
• Cumulative and long-term effects of the proposed action which either signif-
icantly reduce or enhance the state of the environment for future generations
should be described.
® Particularly, the desirability of actions should be weighed to guard against
shortsighted foreclosure of future options or needs.
© Special attention should be given to effects which narrow the range of beneficial
uses of the environment or pose long-term risks to health or safety.
• Who is paying "the environmental costs" versus who is gaining the "benefits"
over time should be identified.
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4
® The reasons the pioposed action is believed to be justified now. rather thin
reserving the long-term option for other alternatives, including no use. should be
explained.
"^(5) Irreversible and Irretrievable Commitments of Resources Which Would be looked
in the Proposed Action Should it be Implemented
® The extent to which the proposed action curtails the diversit\ and range of
beneficial uses, of the environment should be described.
® Uses of renewable and nonrenewable resources during the initial and continued
phases of the action shall be outlined. In this regard, construction and facility
uses may be irreversible because a large commitment of resources makes removal
or nonuse thereafter unlikely; such primary impacts and particularly, secondary
impacts (e.g., opening areas to further development) generally commit future
generations to similar uses.
® Irreversible damage which may result from environmental accidents associated
with the action should be considered.
© Any irretrievable and significant commitments of resources should be evaluated
to assure that such current consumption is justified.
In addition, the environmental assessment /should include a discussion of any measures that
have been taken to permit public involvement in the formulation or selection of the proposed
plan, in the identification of any environmentally-based controversies resulting from the plan,
and in their resolution. It should be noted that the above-mentioned EPA "Procedures for
Preparation of Environmental Impact Statements" require that public hearings be held on draft
impact statements where the originating official determines that the action will have a significant
impact on the environment and that a public hearing would facilitate the resolution of conflict
or significant public controversy. Public hearings are also expected to be a routine part of the
planning process.
The advantages of taking the above factors into consideration during the planning process is
that plans can be formulated from the very beginning to minimize adverse environment.!] effects
and maximize beneficial ones. In addition, plans can be changed most conveniently and eco-
nomically during the initial planning stages.
In the past, public planning has traditionally operated in an accommodation mode, where
environmental and related social structures were provided to accommodate economic forces. That
is, planning was based around the desires of the population irrespective of adverse ecological and
environmental consequences. The spirit of NEPA, however, suggests that environmental planning
can be used to lead the way to a better quality of life. The premise is that by taking cognizance
of environmental factors in the conceptualization of plan and project alternatives, one can
usually find a way to achieve most objectives while eliminating major adverse impacts or perhaps
even saving money.
In summary, environmental assessments arc intended to motivate planners to focus their
efforts on improving quality of life. This can be achieved by identifying and considering
xii
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© Direct environmental impacts of the proposed action
® Adverse impacts that could not be avoided should the proposed action be
implemented
9 Alternatives to the proposed action
• Relationship between local short-term uses of man's environment and the mainte-
nance and enhancement of long-term productivity
® Irreversible and irretrievable commitments of resources which would be involved in
the proposed action should it be implemented.
Scope
The following discussion outlines the broad spectrum of factofs related to overall quality of
life likely to be influenced adversely or beneficially by water quality management plans. These
are the factors which, therefore, must be addressed in environmental assessments. It is especially
important to consider indirect impacts outside the water sector.
Consider a hypothetical river basin which has farming as the principal activity, but includes
several small towns and a large metropolitan area. Also in the basin are sizeable land areas used
for recreation, open space, and stone and gravel operations. The metropolitan area has grown 20
percent in the last 10 years and this trend is expected to continue in the r.ear future. Several
large industries are located in the city, and there are immediate plans for developing a new
industrial park. Some of the existing industries are served by the present municipal waste
treatment system, while others discharge their untreated effluents into the river. Stormwater
runoff is treated in the metropolitan area, but not in any of the small towns.
For illustrative purposes, assume that a basin plan for the entire river basin including the
metropolitan area is to be developed. Under the discussion of alternatives, the plan would
include
(1) Treatment of wastes from
• agricultural activities
• mining operations
• municipalities
9 industries
9 stormwater runoff
(2) Sludge disposal from all wastes
(3) Transfer of wastes (treated and untreated) and sludges via water, pipeline, and
truck
(4) Industrial reuse of treated sewage effluent.
xiii
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6
Sonic of the environmental considerations of this plan might concern
(1) Growth expected along new interceptor and sewer lines
• Is the growth compatible with existing land uses?
© Is the growth socially acceptable irt that area?
© Does the growth overburden services in that area? (water supply, waste treat-
ment, school, police, etc.)
(2) Waste treatment
• Docs it improve the environmental quality of the basin?
• Is the dissolved oxygen in the river improved significantly?
© Is there an improvement in the aquatic ecosystems in the basin?
• Does the reused water create potential hygienic problems?
(3) Site location for treatment plants
© Is the site compatible with adjacent land uses?
9 Does the plant location disrupt the aesthetic composition of the area?
© Are any individuals relocated?
© Is the terrestrial ecology disturbed?
(4) Sludge and solid waste disposal
© Does incineration of sludge create air pollution problems?
© Do the spoils from the mining activities affect the aesthetic composition of the
area?
© Is the soil suitable for sludge disposal?
These questions and many more should be asked concerning the environmental aspects of
an areawide water quality management plan. As is evident from these illustrative questions,
environmental considerations are diverse, complex, and often interrelated. Therefore, if the
environmental assessments are to be meaningful and to follow the guidelines of NEPA, the
framework for conducting these assessments must be comprehensive, systematic, and
interdisciplinary.
o Comprehensive, because the environment is an intricate system of living and non-
living elements held together by complex processes, and because environmental
concerns relating to large-scale projects range widely from physical impacts on
natural resources - air, land, water - to the impacts on living organisms - plants,
animals, microorganisms - to a variety of impacts on people, including aesthetic,
cultural, and social concerns.
xiv
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7
© Systematic, because to be effective as a decision-making planning tool, environ-
mental impact assessments must be replicable by different analysts and must be able
to withstand scrutiny by various interest groups.
o Interdisciplinary, because environmental concerns that are related to resources, living
organisms, and people obviously require a broad range of talents and disciplines for
analysis - including the physical, biological, and social sciences.
One systematic approach is to break environmental concerns into major categories, major
subcategories, and ultimately into specific measurable parameters. Such an approach permits the
analyst or decision maker to consider as Little or as much detail as appropriate to his need at any
stage of the planning. Planners should examine all parameters in detail during the early stages of
planning, although ultimate decision makers and the lay public may confine their concerns to
only broad impact areas or major categories.
One approach to defining the environment is to employ four major categories:
4/® Physical/chemical factors arc the classical context in which the environment is
usually viewed. These factors cover the impacts on the physical and chemical aspects
of the air, land, and water sectors of the environment. Further, changes in I he
chemical and physical quality of the environment precipitate impacts in the three
remaining categories: ecological, aesthetic, and social.
^9 Ecological factors cover impacts on life forms of the natural environment. Both
plant and animal life are included. These factors address the question of species
density and distribution, the broader question of species interaction in communities
and finally, the interaction communities and habitats in an ecosystem.
^9 Aesthetic factors relate to the visual and other sensory effects of construction and
land use that may result as part of a water-quality improvement plan. These include
both indirect visual impacts on natural settings (air, land, and water) and direct
visual impacts of man-made structures.
Y
• Social factors include those that affect overall human well-being, human health, and
the quality of life.
Further breakdown of these major categories into specific measurable parameters is discussed in
Chapter 2.
Results
The following discussion is designed to illustrate how the results of an environmental
assessment can assist planners in maximizing the net beneficial impact of their activities.
The ultimate purpose of an environmental assessment is to provide a basis for judging the
overall merit of a proposed plan and its alternatives for water quality improvement. As such, the
environmental assessment must identify, develop, and analyze in detail the pertinent issues and
the pros and cons of alternative courses of action. Consequently, the key to meaningful
environmental assessment is the identification of typical alternatives at the planning stage, as
opposed to the piecemeal modification of plan components after problems become apparent.
xv
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8
This approach is based on the premise that any given water quality improvement objective tan
be achieved by a number of different paths. Further, each path will have not only different
dollar costs at the planning, construction, and maintenance stages but also different environ-
mental impacts. To select the best overall plan, decision makers need to know the net
environmental impact of each alternative package or plan. The sequence of steps in the planning
process ranging from the definition of problems to the analysis of environmental impact is shown
in Figure 1.
At this point, reconsider the previously discussed example of the river basin and the
proposed areawide plan. Options that need to be considered include alternate routes for sewers,
collectors, and interceptors; alternate site locations for a treatment facility; alternate treatment
processes; and alternate sludge disposal techniques. Exploring the sewer routing a bit further, one
route may require construction through a wooded area with possible ecological impacts whereas
another may follow well-established roads, which when torn up may cause hardship and
inconvenience on adjoining residences or businesses — a form of social impact. Another route
may avoid both types of problems but may require substantial pumping; in addition to being
expensive, this alternative would place a burden on energy resources and upon those sectors of
the environment affected by energy generation facilities through thermal pollution or various
forms of air pollution. Identification of these kinds of possibilities at the early planning stages
leads rapidly to identification of alternate ways of performing nearly every subfunction that
must be provided for in a complete plan to meet a specific set of objectives.
The result of an environmental impact analysis should be an identification and an evaluation
of impacts for each alternative considered. Both beneficial and adverse impacts must be analyzed.
Environmental assessment is basically a two-step process. The first step is an identification of the
nature of the impacts - beneficial or adverse; usually some form of checklist is useful in insuring
that important tactors are not overlooked. The second step is an evaluation of impacts. Impacts
must be evaluated with respect to two important attributes - their magnitude and importance;
both are essential if trade-offs are ultimately to be made.
As has been mentioned, it is not the intent of the Environmental Policy Act that alternative
water quality management plans be screened on the basis of their environmental and related
social impacts alone. Economic development is another important factor. Finally, there are dollar
cost considerations; traditionally this has been the major decision criterion by which projects
were selected. The best alternative was one interpreted as that requiring the least investment to
meet a rather narrowly defined objective.
Now, however, to be responsive to contemporary needs, broader objectives relating to
quality of life need to be included. Consequently, consideration must be given to environmental
and related social effects that cannot be articulated in dollar terms. Explicit consideration of
nonmonetary values greatly complicates the decision-making process; however, this is not a valid
excuse for not analyzing and identifying these concerns as well as possible. Ultimately, the final
selection will be a trade-off of man's short- and long-term uses of the environment. Environ-
mental assessments help to insure that the best overall decision is made.
The key elements of environmental assessment may be summarized as follows:
o Environmental assessments identify beneficial and adverse impacts, alternative
actions, short-term vs. long-term trade-offs, and irreversible commitments of re-
sources in any proposed action.
xvi
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9
SOCIETY
Mining
Agricultural
Municipal
Storm Water
Industrial
Wastes
Wastes
Wastes
Runoff
Wastes
PROBLEMS
Planning Options
to Achieve
Water Quality
PREMISES
• Citizen
Participation
o Financing
6 Institutional
Feasibility
° EPA
0 Other
Alter native
1
Alter native
2
...
Alternative
N
J
PROPOSED
SOLUTIONS
Alt. 1
Constraints
Impacts
Alt. 1
Alt, 2
Alt N
N ^ N
ALT 2
Constraints
1. Cost Effectiveness
2. Implementohility
Impacts (Beneficial & Adverse)
1. environmental Quality
a) Physical/Chemical Factors
b) Ecoloyical Factors
c) Aesthetic Factoi s
d) Social Taciois
2. Social and Economic
Alt N
Constraints
Impac U
OBJECTIVES
SOLUTIONS
SATISFYING
OfUECTIVES
CONSTRAINTS
IMPACTS
PLAN
SELECTED
FIGURE 1. RELATIONSHIP OF ENVIRONMENTAL ASSESSMENT TO
WATER-QUALITY MANAGEMENT PLANNING
xvii
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10
© Environmental assessments should be conducted in a comprehensive, systematic, and
interdisciplinary framework which emphasizes the indirect and direct impacts of
water quality management plans.
® Four major categories can be used to describe environmental impacts: physical/
chemical, ecological, aesthetic, and social.
© Environmental assessment, involving (1) identification and (2) evaluation of the
importance and magnitude of impacts, can be used to determine the net effect of a
given alternative on quality of life.
xvi i i
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un'KKiM cm muck for vr.v:Wvi'ATio:i
a.\'o of
environmental assi;ss;:7.;:ts FOR
uatjjr quality management plans
The purpose of this document is to provide guidance where needed for
incorporating environmental considerations during the development of water
quality management plans required by 1&CFRG01.32-33 and for assessing the
environmental iftj/dCts of alternative v/acer quality management strategies.
The assessment of the environmental impacts of water quality management
planning strategies is a basic element of the planning effort. The III'.A
Water Quality Management Planning Guidelines require that all environmental
factors bc^ considered when evaluating alternative water quality manage.', cut
strategics to select the most feasible plan for a basin, metropolitan or
regional area.
EPA regulations and guidelines require that environmental assesrnents
be.prepared and submitted with each water quality management plan. The
assessments should include a description of the area, and a discussion of
the environmental impacts of plan implementation on such items as: (1) the
ecology of the area, (2) the natural resources of the area, (3) the population
and social amenities of the region, (A) the aesthetics of the region« The
assessment should also include a discussion of all feasible alternatives as
well as the public response to the proposal.
If the plan is properly formulated and documented, and the above items
fully considered throughout the nlar.n; r,--. v'.mJ i:fu:. u ^11 rv-i mn-
meutaJ. iudcrr. inc.or[jcii,<1Lfc(l invu the nubscance of tiic plan), the planning
report should contain all the component;; of an environmental assessment.
JThe environmental assessment should occur early enough in the planning
process so that it can be of use in mitigating environmental impacts of the
plan itself rather than on a project by project basis.
'It should be noted that some plans may still have the potential to
create a significant impact upon the environment, th,cr.eby necessitating the
preparation of an environmental impact statement as. required by the National
Environmental Policy Act (Public Law 91-190), This Act requires that
environmental impact statements be prepared fcr all Federal actions that
would significantly affect the quality of the human environment. The
objective of this Act is to build into the Agency's decision-making processes
an appropriate and careful consideration of all environmental aspects of
proposed actions. The statement rrould describe the ways in which the proposen-
action would affect the environment. It would also include a discussion of
the anticipated effects of the various alternatives.
The following format is suggested as a guide for the analysis of
alternatives in a water quality management plan. As stated before, if all
environmental factors are fully considered and documented in the development
of a plan, a summary assessment, cross-refcrenced to the plan report, will
be adequate.
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2
I. Background
Include a description of the planning area, population and grov.-ch
trends, water quality problems, resource objectives or constraints
and present wastewater facilities and 'management programs.
II. Summary, of Alternative Solutions
Delineate principal features, of each alternative plan and summarize
size, all capital and operating costs over this planning period, arc
completion dates of. the main components of each plan.
III« Detailed Environmental Evaluation of Each Feasible Alternative
Plan
A. Probable impact on environment (complete display and
analysis of beneficial and adverse effects).
B. Adverse effects which cannot be avoided,
C. Relationship between short-term beneficial uses versus
long-term environmental consequences.
D. Any irreversible and irretrievable corr-nitments of resources,
TV. rnmnar-i en1;! r>'.: A I 1-ornoHwoo onH C«1 V I" Oi~)0 S ed
Summarize comparison of alternatives in terr.s of environmental
effects. Highlight ecological factors and include pertinent social
and economic effects.
V. Opportunity and Extent of Public Participation
Discuss the results of meetings and/or public, hearings with elected
officials, interested groups, and individuals. Any objections to
the project should be discussed.
The above format reflects the need for the examination and systematic
comparison of alternative solutions in arriving at the proposed plan as
required by the National Environmental Policy Act, Because of the subjective
nature of such a comparative analysis, the views of the affected public
should be encouraged and fully considered in the selection of a plan, Maxirj.T
public involvement throughout the plan formulation period is fundamental to t'r.z
eventual success of many plans.
The attached list of environmental evaluation factors provides guidance
to the preparers and reviewers of environmental assessments for water qualify
management plans. Other environmental issues associated with the plan nay
exist and should also be covered in the assessment.
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3
The EPA Regional Office responsible for acting upon the plan presented
is required to independently appraise tlu: environmental effects of llu pl.-.n
in conjunction v/ith tlu: normal plan review. Till:: appraisal \/i 11 be r!
primarily upon the information contained in the assessment together \/i i_h
any other pertinent available information submitted or obtained, Uccjd or,
this appraisal and in accordance with the National Environmental Policy Act,
the EPA Regional Office shall prepare and process n formal environmental
impact stacement^on those'plans which are considered to have a significant
impact upon the environment or which are highly controversial due to environ-
mental issues. The impact statement shall be written as an agency docu.r^nt,
utilizing much of the information contained in the applicant's assessr.ontc,
In some cases, the applicant may be asked to provide or obtain additional
information- or studies needed to resolve issues addressed in the impact
statement.
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ENVIRONMENTAL EVALUATION FACTORS FOR
WAT Ell QUALITY MANAGEMENT PLANS
NATURAL RESOURCES
A, WATER
1. Does the plan present a reliable solution for meeting water
quality standards or goals throughout the planning area?
2. Does the plan recognize all reasonable point and non-point
source.';, hydrologic conditions, and conditions particular to
the area such as ice cover?
3. Discuss the beneficial and adverse effects of plan implement
tion on aquatic biota and habitats. Also discuss the effect
on municipal and industrial water supply, irrigation, and
recreation uses within the planning area.
A, Discuss the physical effects of plan implementation on both
high and low-flow conditions of the streams.
5. If there is a local groundwater depiction problem, has
groundwater recharge of treated wastewater been considered,
and its effects evaluated?
6. lr local '.rat^r .dei.iand Is h: gh and supply low, has water reus
.been considered? What effects would these water reuse mecsu
have on meeting both water quality and quantity needs?
7. If, spray irrigation is proposed or considered, its effects c
the hydrologic patterns of,the basin and on both surface and
ground water quality should be discussed.
8. If interbasin transfer of wastewater effluent is considered,
what environmental effects would such transfer have on the
waters of each basin?
B. AIR
1. Discuss what considerations have be en ^,iven to evaluating
the ambient air.capacity within, the planning area to receive
the total emissions resulting from implementation of the pi.
2. Discuss relationship of treatment plant sites, nearby
residences and businesses, and prevailing .wind patterns.
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2
C. LAND
1. Discuss consistency of the water quality management plan with
the HUD sponsored comprehensive plans or planning in process
for the area. If there is no ilUI) comprehensive plan, discuss
consistency with locally developed land-use plan,
2* Is current land stoning consistent with the comprehensive or
land-use plans available or being formulated? Has citizen
participation been encouraged or permitted in these local
planning and zoning efforts?
3. Uould iiiiplementation of the water quality management plan
induce urban development consistent with the development trenc:-,
or plans of the area? Would it strive for a balance between
population and the capacity of the renewable resources. (A
planning premise should be that every area has an ultimate
level of environmental carrying capacity that when exceeded
leads to the degradation of the area. Tor this reason, a
balance should be achieved between resource use and availability.)
4. Discuss types and amounts of land that would be irreversibly
used by facilities included in the plan. For spray irrigation
strategies, would the irrigated lands have greater social
values for other uses?
bm llave altti.iiai.ivc facility sites been considered and were
environmental factors recognized in site selections?
6* Have adequate facility sites been reserved and protected for
plan implementation? Do the sites permit enough land to develop
a buffer area to screen the projects?
7, Have alternative sites for disposal of solids from wastewater
treatment plants been considered? VJhad environmental factors
\7cre considered in selecting the disposal sites?
HUMAN EFFECTS
A. SOCIAL AND ECONOMIC
1, Will plan implementation require relocation of people, disrupt
employment opportunities, or impair public services?
2» If considerable urban growth v;ould occur as a result of plan
implementation, what consideration was given to developing the
necessary sewerage services as well as other services and public
utilities to serve such growth in a timely manner.
3# Discuss how the plan will affect recreational opportunities,
cither beneficially or adverse iy.
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3
4. Would the plan affect historical, archeolop,ical, or cultural
values? What measures have been taken to protect these values?
B. AESTHETICS
1. liavc facility .sites been selected to minimize visual impacts
upuiY the landscape?
2. If facility sites are located in areas of natural scenic
beauty, what measures will be taken to protect these areas?
3.. Will architectural and landscaping techniques be included in
the individual facilities?
PUBLIC PARTICIPATION
According to EPA policies and procedures, public participation is an
essential part of the formulation of water quality management plans cr.c
component wastewater treatment projects. The purpose is to provide cn
opportunity for the public to make an input into the fornulation and
selection of the proposed action so that the action will be consistent
with public desires where possible.
A satisfactory environmental assessment must therefore:
n. Clr.c? y indicate the measures, if £ny, have been tak-j::
permit public involvement in the formulation or selection of
the proposed plan.
b® Identify any environmentally based controversies resulting
from the plan and steps taken to .resolve these controversies.
'in addition, the assessment should include a discussion of measures
bein& taken to incorporate the public's views, both favorable and unf r.vor r.bl e,
into the formulation of the plan. The assessment should identify any
controversial issues that have not been resolved.
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7fn,;:;h"!:: cm vn:>.
t.'.'.i :. v;::': of
i-;i.ry.rj{(>-..:-:y.ii,;,'\r. a:;:;-:vjh ;*.:.icir•/»!.
WA^j'W/.'Viv;!: .••r* »mi
The purpose of this document ii; to previa;.- ^Lojucc for ineoi>.>ri.tin:',
environmental consideration:; into -the design and construction of vt:3i-.e'.raLcr
treatir.erit facilities. Both the F.PA Water Quality M^na^enent Planning
Guidil i 21--3 find the , Operation and ntenance Cuid_rl.ir.Oo remiire
thrt all aspects of the or.viron:nont "bo eonjld'.-rsd in tho formulation of
v/\tir qi".ty r'a.iic.sen&nt pV. no and cc.'.por.ent municipal vactir./uber treav.'.-_-nL
p:\Vi jcti-.
F.PA ro/--;Vwl.ation3 and f,uidclj.nco aJ so r.vvjjire that environ;,lental a::-
montrs bo prepared by the applicant and submitted vith each crant apolicrat ion.
The i.Cije.'jr.rn-ntr; should include a discussion of the envirorrnvntal itfrct:; of
thv-> proposed project cn such itcn:> rr.: (l) the ecology of the are:1.; (2) tr.-j
natural resources of the area; (3) the population and social ar.cnitie.^ of
the region: and (H) the: aesthetics of the region. The a^r.ecsrient rbcvlc1
include.a discussion of oil feasible alternative solution:; as veil a:? the
public response to the proposal.
The purpose of an environmental asr.es s.r.ent is to evaluate and doci'.-i *nJ:
the effects of a proposed project on all aspects of the environment. To
develop an environmentally sound and acceptable project, environmental factors'
must be fully considered throughout the project formulation period. The
assessment should be a complete, concise, p-nd accurate presentation of those
environmental considerations. Even then, sorr\e projects may still have the
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potential to create; a significant effect upon the 'env">.ron:."*rit', th' .rory
necessitating the rvrcparation of 'a iforrual environmental jrlipaet c t ~ l,zi \ ::t .
as required by the National Environmental Policy Act (Public Lav 91-1^)-
The Act requires that an env'iromn.cntal irpcct statement "be prepare! for
all major Federal actions significantly affecting the quality of the h. ran
environment. The objective of this Act is to build into the A^eney'z
decisicn-ir'.aking processes an appropriate and careful coneieerj-;-ion cf all
environmental aspects of proposed act "Lory. To serve th it purpose, the
statement should deKcribc the vays in vhich the proposed action, zcr~¦:r.-.l
vith other feasible alternatives, would affect the envi k-ori;./.Tit.
Ar. stated previously, environmental asses:;:.-;:;nt^ '.rill be ju-epr._v.-c3 by
applicants and submitted vith each project application. If the applicrtie,:
is supported by a detailed engiueerir.iT report containing a broa-J environ--^tal
evaluation of the project, a surinary assessment c r o s s - r e fer e no e d tc tre
engineei-j.n-s report yiH he acceptable. If the engineering report is not.
sufficiently detailed, an independent environments] assessment doju.r.ent, .-ill
be required.
The following J.ormat in pu^e.'itnd as u general ;;ui.c!e for p-i_p-.v; ; an
assessment on a major project. A i.iore abbreviated format nviy be appropriate
for a smaller project or an' enlargement of an existinj project.
I. Brief Background
Include a description of the project service area, jjertinent basin
and areayide.vater quality management plans, physical resources constraints
for the project, and present and future wastewater treatment needs.
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II. fiUTistr-ivy oj" Alt'.rii'-'tive Project Solutions
Delineate alternative solutions and the principal features of each
alternative, including s.ise, all capital ?<*id operating costs over the-
project life ,v eind completion da ten of each feature.
III. Detailed Environmental Evaluation of ."e.ch Feasible Altcrnative
A. rro>jn.lj.lc impact on environ :';r.t (complete lifting of ben'rf Lc" al
and adverse effects.)
13. Adverse effects v!i Lch cannot he avoided.
C. Kc-Iaoiorisii ip betueen short-1,err. bone>".i c i.n I u:;es vpjtiu.; ."Ion'_,- r<
environmental consequences.
D. Any irreversible and irretrievable corn!tmonts of resources.
IV. Comparison of A3ternctives and Selection of Proposed Project
Suiri.T.avize comparison of alters*.' ',ive solutions, in terrrs of environment::
'effects. Highlight ecological factors and include pertinent soeia?
and economic effects.
V. Opportunity and Extent of Public- Fart: cipat.i o;i
Discuss the results of meetings and/cr public hearings with elc-ctrd
officials, interested gi-oups, and individuals. Any objections to the
project should be discussed.
The above form-it reflects the need for the ex&ir. nation and systematic
comparison of alternative solutions in arriving at the proposed project,
as required by the National Environmental Policy Act. Because of the subjec
nature of such a comparative analysis, the views of the affected fjublic shoi:
be encouraged and fully consjde-red in tiiu selection of a project. Jlrixiiiie.:.'
piueticablo public involvement throughout the formulation period is fund-ir. :r
xxxvii
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to the eventual nuecesr; of all pla tvj /xi / o»* projects.
The attached liyt of environnenlal cvaVjatjon factors provide:; /jliLr:• ¦¦
to the preparers and revi evers of cnvi ror; ;;:-Vital ascesments for ird\v Idi:-'.!
projects. The ar.sess-nont should addveos oil of those factor.'; contained in
the Hot that ure pertinent to the project. Other c-nvironr-^ntal i snue.;
associated. yith the project ray, exist and should also be covered in the
asscsynent.
The EPA Regional Office responsible for acting v.pon the £.rant app'i ic.t-.o:.
is required to independently appraise the environmental effects¦of each-
project, in conjunction vj.th the normal project review prior to. r.akir.£ a
grant offer. This appraisal vrill be "bused-primarily upon, tho .uiforr.-.tJ<;a
contained in the assessrr.ent together rith any othj?* r.-rtirenl av-:il/i;jle
information. Based on this appraisal ond in aecord;;".ce .vith the iJational
Environinentcl Policy Act, the HI'A Ile^ion-jl Office -r.h'ill prcjii-o r.n-,1 p.'ojc:.;;
a formal environment?..'!, impact s tat orient on those' projects -considered to
havn a Fi.i>n'j fi c?mt impact upon the enviror.rr. :,-r.t or those vhich ar^ hj^hly
controversial duo to environmental issues. The impact i; Lr.tc-r.ent shall be
written as an agency document, utilising much of the information contain-jd
in the applicant's assessment. In some cases, the applicant -T.ay be asked
to provide or obtain additional information needed to resolve issues addressed
ir. the inpact i'tate^er.t.
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tilr\'ti**0;:*'ti'¦ tj t^wl'TO'; i-v/jyo^;
FOR !.?¦].: LC'jI'AL WAFl'ltfATM T.,:. r PiiCURCTS
KA'J'UW.r. WZr.OdHCK'}
A. Valor
1. Do-:;3 the project confonn w.i th the basin or arc-avide pl.-u for
meeting water quality standard:: or object Lve:;?
2. Disqu^.s the beneficial ;jryJ adv^rne effect?; of thy project on
aquatic bLota and habitatr.. Alr:o o:i local ramie .if; at and indu">trial
water supplies, irrigation, recreation and other use;;.
3. If there; iti a local groundwater dupleti on problem, lias Groundwater
re-charge been coiir.idercd and its ef/'ectu been evaluated? Vould
such a project contain adeq.ur.to tveatr.cnt to protect the quality
of the Groundwater?
'4. II" loco] water venouroe a-tf.vu.ri i v, hi^ri ana simply low, hog v~.le"
reuee been conrjid?rod? at efi\eet~ would r,uci> rouse Measure.;
have on meeting water quality need:.; in the receivi-^-; w::ter?
'j. If spray irrigation ir. jropo^c-rl, what effect would euch a project
have on groundwater or surface.- water quality? Would r.ueh irri
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D.i.i;curj.-» the re.l ution:;hi p hotvcen ti jarby residences ;jncl bus:i i:,::'1;' r.,
the project, and prevuiliri^ wind pattern:;?.
If odor .problems can-.be expected fro:n. the project, wh?.t .precaution:-,
vill be taken to rcinittize this effect-.?
Lend
Discuss how the proijosed project "/ill encourage or discoura^--'
reuick-nt-i .il, c,c.._::ere Lai, ajKi j i.-.lu/trial vi chin the ~cr .".U-c
area. Will Interceptor location:-, and sy st e;i capacity induce cri3';th
in \mdeveloped areas or concentrate populati on in devc-.l op:-d ere-ar.?
Would jjrojc-ct effects on growth conforn with land-use plan's for
the area? Would such growth appear consistent with the growth
trends of the i'.nfl r n:1."'!'.int.v.
How will the project affect the land-based ccosyf.tovs near the .
facility sites, such as wildlife habitat, stream bank cover, and
Vegetal and wooded growth on ri^hts-of-wey.
Would the project iirpai.r the landscape and/or create irreparable
damage to geologic formation:}"
Diseuss the type and amount of land that vill be affected p3r.canen.tl,
by construction-and operation of the project.
Have oV-ernutivt: sites for project structures with lesser adverse
impact upon the environment beer, fully considered?
Has consideration been Given to restricting future development adjee
to the treatment pl.-mt site through land acquisition or land-uje con
Discuss netheds for ultimate disposal of solids from the wastewater
treatment plant. What envi ronr.ental factors were considered .in
selectinc the disposal sites, or otherwise arrivin;; at tlie selected
soihition. xl
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Will project" result in the relocation of jjecplc? Discuss social
and economic effects of such disruption.
Discuss Tnov the project will affect recreational opportunities in
the area due to ii'iprovewiont in water qu-lity, location of facilit
in or yfjjciee'it to p-.vrk.land, el.c.
Will the project alleviate public heullh or nuisance problem:;';'
V/ill the project affect historical, archaelo^.lcol, or en] t,ur:.l
values? What r.ieasures vill be taV.or.' to protect those values?
If the project will induce gio\ihh upon the service aiv-.-a, discusr,
the effects of such f'.ro'.rth on the comunity, Will other public
• "* • • 1 .• J .» _ 1 . _• ^ *> . L _ _ ...... _ . . . 1. • i . i • J.
fc'iCI'iiiiU Uv.'.iuj • l: j-j: v; ^ \-¦ uii w:;uu i j
occurs?
Will the project result in the props^c-tior. of insects? Discuss
,any preventive measures to control thi" problem.
Discuss any noise problems due to operation of the facilities in
terms of time of occurrence, duration, intensity, ir.pact, and
possible control.
Aesthetics
Are project sites located in vooded areas, parks, or other areas
of recognized aesthetic value? If so, what measures vould be tak
to minimize project effects on these' areas?
Describe architecturnl and landscaping techniques to blend the
structures vith the surrounding area.
-------
cotiSTiwn't'io:;
1. Will clearing of vegetation find vuodod cov.:r b.± restricted at
pi*oject sitos?
2. V'ill clearing involve the use of herbicides, blastins, or turning'.
Discuss these measures and their environmental effects.
3. Define erosion control mea^ureo to "be taken during construction.
Will these procedures preclude sed.irentrition and turbidity in
the nearby inters?
'V.- Discuss proximity of the construction sites to resiliences or
businesses and the possible nuisances that \riJ.l result during
construction.
5- Discuss the possible adverse effects of the construction, on
1 • -> • r> 1 • » n 1 • " II
nit-1 .-ulm ui.luuji' j.:: l^ii¦;¦
PUBLIC JV^TICIPA'i'IO;.'
According to EPA policies and p -eduves, public participation is an
essentia-! part of the formulation water quality m:\nosoxen- pians and
component wastewater treatraonh rejects. The purpose ig to provide an
opportunity for public inp- into the: formulation and selection of tin
proposed action no that the action vill be consistent vith public desires,
wherever possible.
A satin factory environmental assessment must therefore:
a. clearly indicate the measures have been talien to permit public
involvement in the formulation or selection of the proposed proje
b. identify any environjr.ent.al controversies resulting from the proje
as proposed, and efforts tc resolve these controversies.
xlii
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In addition, the- p.rjscr-'-c.'r.'jnl, should iirrludc a discussion of vhat r.c;;r>u re-
tire boin^ Lai:on to iricorporatc the public':: viovt', both favorable fur} i:"£.v^r-
nlbc, into the t'ormuV'.tj on of "the project. The a:;rshould idoritif/
uny controvert i.f..l ir.ciitL-:: thnt have not bc.-en re^olvf.-rl.
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APPENDIX III
BIG SIOUX CASE STUDY
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CASE STUDY
EPA ENVIRONMENTAL IMPACT STATEMENT REVIEW AND
ITS IMPACT ON THE BIG SIOUX RIVER BASIN RESERVOIR PROJECTS
The Army Corps of Engineers published a preliminary draft environmental
statement on the Big Sioux River and Tributaries in March, 1972. It involves
the building of two reservoirs, one on the Big Sioux River and one on Skunk
Creek, a tributary. Before the reservoirs can be built, a final draft and a
final impact statement must be written. It» the preliminary draft statement,
a number of questionable aspects of the project have become evident. The
Region VIII Environmental Protection Agency has made extensive comments on
the report.
The project includes two multiple-purpose dam and reservoir projects
in the Big Sioux River Basin near Flandreau pnd Hartford, South Dakota. The
Flandreau dam would be built on the Big Sioux River itself, near the mouth of
Flandreau Creek. The dam near Hartford would be built on Skunk Creek. A
table of statistics follows:
Flandreau Skunk Creek Total
(acres)
Total Project Lands 27,730 12,795 40,525
Reservoir Surface Area 21,500 7,700 29,200
Exclusive Recreation Lands 430 195 625
According to the Corps of Engineers report, the projects would provide
flood control, water supply, low-flow augmentation, recreation, and fish and
wildlife enhancement benefits for the Big Sioux Basin. The EPA comments on the
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environmental statement point out potential problems In all these areas, and
more. There are several direct land-use ,-Implications which will be emphasi z'-'l
in this case study.
Probably the most direct change in land-use would be the loss of
33,281 acres of productive agricultural land. An additional 7,244 acres
would be acquired which have not been classified as cropland by the USDA.
These 7,244 acres include bottomland associated with the Big Sioux River,
Skunk Creek, and their tributary streams. This land is now used as native
pasture, native hay ground, or it lays idle.
A total of 40,525 acres are involved. Out of this, if the reservoirs
were built, 29,200 acres would be subject to inundation. This Includes
17,600 acres of reserved pool, and 11,600 acres of mudflats and intermittently
flooded land between the reserved pool level and maximum flood control pool.
Another 625 acres would be devoted exclusively to recreational development,
and the remaining 10,700 acres would be used for wildlife management and
"other project purposes". The Corps did not specify what these other project
purposes involved.
Another major aspect of the project is encouragement of flood
plain development. There is an immediate danger that the City of Sioux
Falls will expand into the Skunk Creek floo,d plain. The. city has no flood
plain regulations in effect at the present. Part.of the rationale behind
the Skunk Creek dam was flood protection for these developing areas. EPA
has several comments on this. First and foremost, agencies of the Federal
government, through their actions and policies, should take the lead in
discouraging flood plain development. It was recommended that Sioux Falls
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be encouraged to initiate flood plain regulations as soon as possible. It was
also pointed out that the proposed projects would not provide complete flood
protection. The figures given In the Corps report indicate only a reduction
in annual flood damage, about 29.8 percent below the Flandreau site and
86 percent along Skunk Creek. It would seem that encouragement of development
in an inherently undesirable area is even worse if flood protection is
incomplete.
According to the Corps report, the Flandreau and Skunk Creek projects
would provide a total of 52.1 million gallons of water per day to Sioux Falls.
This might be viewed as an encouragement to development in the area, except
that water supply is not a limiting factor In the Sioux Falls area. The Corps
statement indicates that Sioux Falls could economically expand its well field
by 10 million gallons per day, and that using current projections, the water
supply would be adequate until 1995. Aside from that, there would be several
problems associated with drawing municipal water from the reservoirs. Both
rivers show high nutrient levels. Under warm-water reservoir conditions,
nuisance algae blooms would be inevitable. These excessive plant growths
would interfere with water-based recreation and future withdrawals for
water-supply purposes. Excessive algae clogs pumps and filters. Certain
algal species impart foul tastes and odors to the water, and certain blue-green
algae emit toxic substances. Algal blooms make treatment of water for potable
uses extremely expensive, as stated in the Corps report itself.
The projects' low-flow augmentation benefits are particularly
significant in the light of existing water pollution problems in the basin.
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Rollution of the basin's streams originates primarily from municipal-industria.
wastes and from f eedl ot-barnyard runoff. On a yearly basis, waste water flow-,
from Sioux Falls currently exceed natural river flows about 20 percent of the
time. Water quality below Sioux Falls is not suitable for domestic water
supply or immersion sports. This puts limitations on the land-use possibilities
downstream.
Although the Sioux Falls sewage treatment plant is designed to remove
95 percent of the BOD, the discharge of its treated waste still exerts an
oxygen demand on the Big Sioux River equal to that of untreated waste from
25,000 persons. This is due to the large amount of industrial waste treated
by the city's plant. This becomes critical in December, January, and February,
when waste flows exceed natural river flows 42 percent of the time. Low-flow
augmentation from the two reservoirs would provide some dilution in these
months. However, this seems a poor substitute for improved waste treatment
facilities.
The proposed reservoirs would be located in rural areas, but would
each be within five miles of interstate highways 90 and 29, respectively.
Extensive service-orient'ed development (gas stations, motels) can be expected
at the Hartford interchange on 1-90 and on three interchanges near the
Flandreau Reservoir on 1-29. ' Both areas have an extensive road system ot
gravel and surfaced roads which follow the section lines of nearly every
section. The South Dakota Department of Highways has no plans for construction
of additional highways in the area. They are not involved, however, in county
and local road building. At that level, road widening and improvement could
be expected.
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Recreational development around the reservoirs would have a lasting
effect on land use. The Corps of Engineers estimated that approximately
2,700 fishermen days and 2,390 hunter days per year would be lost on lands
and waters inundated by the two reservoirs. River canoeing and sandbar camping
along the Big Sioux River would be eliminated along a 27 mile stretch of
impoundment. Aesthetic values associated with the meandering channel and
riparian vegetation of the free-flowing stream would be lost.
The reservoirs were to have provided swimming, Eishirtg, boating,
waterfowl habitat, and related activities. Several problems became apparent
in the environmental impact statement, however. The Corps has no doubt that
the reservoirs would act as nutrient traps and would be subject to algae
blooms and eutrophication. Recreational use of the reservoirs themselves
would be rather short-lived, considering the seriousness of the algae problem.
In addition., EPA questioned the aesthetic and recreational value of large
expanses of mudflat for over 100 days a year.
Both reservoirs are near Sioux Falls, a city of 72,488, and will
be subject to recreational homesite development. The Corps of Engineers will
purchase only the land which is absolutely necessary for the projects.
According to Mr. Goodell of the State Planning Agency's Model Rural Development
Program, land speculation in the area has not begun yet, but can be expected
if the dams are approved. Several citizens' groups in the area are pushing
for lakeside zoning ordinances. Many are present owners of lakeside property.
The Sioux Falls area has an abundance of natural lakes. Only two
nearby lakes have extensive recreational development. If these existing lakes
are not being developed, we must conclude that the recreational needs of the
area are not seriously lacking. The natural lakes are becoming eutrophied due
xlviii
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-f>-
to agricultural runoff- If allowed to continue, these lakes will be lost
as recreational assets; but no more so than the eutrophied reservoirs
built by the Corps of Engineers.
Waterfowl habitat was presented as a mitigating factor for the
existence of some 5,000 acres of mudflats. The EPA review asked the Corps
of Engineers to discuss the rationale for determining the attraction of
waterfowl to the area. The alternate exposing and covering of the mudflat
would seem to inhibit development of waterfowl food and habitat.
The Big Sioux River supports a permanent fishery upstream from
Sioux Falls. Downstream, high summer temperatures and low dissolved oxygen
(caused by inadequate sewage treatment) precludes maintenance of a permanent
game fish population. Skunk Creek does not support a fishery. The permanent
pools of the reservoirs would supply 17,600 acres of potential new fishing
waters for the basin. With intensive management, fisheries could be maintained
there. Periodic supplemental stocking would be required to maintain the
fish population according to the Corps Tmpact Statement.
In retrospect, it appears that the projects would destroy existing
recreational, fish, and wildlife values In favor of short-term attempts to
improve them. Due to eutrophication and sedimentation, these "improvements"
would not be of a lasting nature.
Other aspects of the project which the EPA asked to be more fully
considered include the relocation of 146 families, the low cost-benfit ratio
(less than 1.00), and the physical splitting of a school district with loss
of revenue to that district because of project lands passing out of private
ownership.
xl i x
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The Corps report stated in one place that rural land use and cropping
patterns are not expected to change. Later in the same report it was stated
that agriculture will intensify in future years. Given this paradox, we can
only draw our own conclusions as to the effect of the dams on agricultural
land-use. The Bureau of Reclamation has indicated that 147,000 acres of land
in the basin are suitable for irrigation. State permits have been issued for
irrigation on about 23,600 acres. However, rainfall in recent years has
frequently been sufficient to sustain crops without additional water, so that
very little of the 23,600 acres is actually being irrigated. High capitol
and labor costs probably contribute to this lack of interest. There is
adequate ground water for irrigation. Given these parameters, any increase
in irrigation water from the reservoirs would be of minor significance in
encouraging agriculture. Furthermore, the partial flood plain protection
provided by the dams would likely encourage residential and commercial
development on existing flood plain farmlands.
In summary, the Big Sioux Basin projects would bring about both
immediate and long-range land-use changes. About 33,281 acres of productive
agricultural land and 7,244 acres of bottomland would be changed to 29,200
acres of maximum flood control pool, 625 acres of recreation area, and 10,700
acres of wildlife habitat and other project uses. The dans would encourage
flood plain development, especially along Skunk Creek. The projects could
influence development of agriculture and industry through increased water
supplies. This impact would probably be minor, however, because water is not
a limiting factor in the area, iand because of high treatment costs associated
1
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-8-
with eutrophication in the reservoirs. Low flow augmentation in the winter
months would improve water quality downstream from Sioux Falls during those
months. Improvement of this water would encourage use of the river for
domestic water supply and contact activities, which are not now possible.
Low flow augmentation should not, however, be used aS a substitute for
adequate sewage treatment facilities at Sioux Falls. The project would commit
much more land to recreation than is now committed, although the utility of
these recreational areas in the future will slowly decrease due to eutrophicaticn
and extensive mudflats. In the long-run, the projects would cause a net loss
of recreational opportunity.
EPA's comments on the preliminary draft environmental statement went
out on July 21, 1972. The Corps of Engineers has not yet written a final
draft statementj though there has been sufficient time. It is entirely
possible that adverse public opinion, EPA's comments, and comments of other
agencies have killed the Big Sioux project. The Model Rural Development
Program of the State Planning Agency had some excellent comments on the
project which are included at the end of this case study.
] i
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boo FT- oJ 9ub f s rln6iadsj£ 32b9^3nr bfuuw abooR ol 29220 f [sunns 9f1i e.to9totq
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y,Trsunns e02,0S£ srtt nr 29220! 9iii ,J'nemsiBJS Jaeqrnl
Coiranents by the First Planning and Development Committee,
9t6W6 sbein 9d br^thftoftlsltev^opBieptrfrbcpraorlT .Z9220T initio 9Mi tsvo
On the Preliminary Draft Environmental Statement
-9iq 9V6ii uoy.Fp!Tnihfenfii^j5d&'iixrRavftrtaatbrTrfibutarjestou^J^ b92oqoiq 9rU Jfifii
(Flandreau and Skunk Creek Reservoirs)
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operate in Sub-State Dis^^te.l&ijjibfcJYrlej erl^ juo gnNsJ ,YJ'r3 brqafl bg^evfit sno
A maD^frtfbtojiidfc WfrtutHreafinaai/drtiadrtDf, sfasrfldnrtarrgj jiftiptrT^Bteiottb^b nl
is directixtecrstaBianig jacbrtoarft -oocttaRolreiyJbntOuts\porl Hit# ba®pd£dtln®'r;J6}9g9v
District tW#i^'ir^^dt(PweJccpmeihfo\CcBiTOW«e^i'iKs zywcnfflfijrjjriqint&oa^ ortt
about aiWiinfPj^iQfcft'l\i^jt^0idteiliis Tbp ^Mf^ifPQ(^VftvO*om ftiurtLHi/n»jl rara^rtrrd-jnahJun
the centr^nici^teAtenfityi &fo^lt^rtgi£o, $Lm#hejitird^cfrtegps £cedrarcfmioisty!2sw r l"rw
and business opportunity within theifriJtStfi>/iiSrtaTflc^t1 jaffetfl-rtoMe»ufeneseie tltrtw lovri grtt
loss of 40,000 acres of taxable, fertile agricultural land, the potential
norJfi'fsb'rznoJ 9iuJ"u1
loss of a school district, a major decrease in taxes to run county govern-
ed 02 nr angqqsri J&rlW :ar 2rtorj29up J";icj'toqmf y,t9v Jud 2uorvdo nA
ments and other undesirable effects. It is even more disconcerting when we
jsrtt 2fTl992 jl .^JrD6q63 I" 01J HOD boc TT 2ir 2920f 9"fU}Din;j2 9rl;t H9dw 2t69y,
see that a majority of the benefits will accrue to the urban area of Sioux
fBifismnoirvno fsnH grli nr moriwgiiioa bo22cnbb6 9d bfuorlz no'rJsoup 2'rrlJ
Falls, and an area just slightly larger than that covered by the water forming
29vr,l6n^9i Te orlj ^0 9i6W£ 9"f6 rifsTq booR orl-l" ni oaodJ oz JromoJ-cJa JD&qm'r
the dams. The major concern is a philosophy which favors city development over
3 hern ori nor? nob jznsfw oit.i }&rij ¦JnGmnqmr ?r H .9tuJurT oriJ nr ofciGrfgvs
rural development.
.wxtuozoi bojTrm'r I" bn;H|2 oj. wort no won
The District must oppose the project until we can see more concrete
Economic and Social benefits for our people. JLVJ
6 26 nor}65 r (onnorb oJ 9pmo:f2 "loifiw 'loloiq 2i?. rno'r j nvioznoo J20M
FLOOD CONTROL
bns 9p6ioJ2 yir.JudnJ rTr3rn2 ' .^0(>r,in&b booR pnnubm to znr>9m f g'iuJdutJz
Although the severity of flooding J^ujd be reduced by the proposed
lii
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project, the annual losses to floods would Increase substantially due to flood
plain development. According to figures contained 1n your Environmental
Impact Statement) the losses 1n the year 2030 would Increase by $520,109 annually
over the current losses. Those living along the river should be made aware
that the proposed structures will not stop all floods and that you have pre-
dicted increased annual losses after the dam is completed.
In addition, it should be brought out that natural siltation reduces
the usefulness of the dam for all proposed purposes including flood control.
Forty of fifty years into the future, with concurrent development on the flood
plain downstream, we have the potential for a disastrous flood such as the
one that ravaged Rapid City, taking out the Canyon Lake Dam.
In downstream agricultural areas, the now small buffer zone of natural
vegetation between the river and field or feed lot is lost as "Farming to
the Bank" is promoted. This becomes very expensive in terms of erosion and
nutrient-biological pollution. Even in absence of flood waters, heavy rains
will wash a greater load of soil, nutrients, and biological pollutants into
the river with the reduction of the natural buffer.
Future Consideration
An obvious but very important questions is: What happens in 50 to 75
years when the structure loses its flood control capacity. It seems that
this question should be addressed somewhere in the final environmental
impact statement so those in the flood plain are aware of the alternatives
available in the future. It 1s important that the wisest decision be made
now on how to spend limited resources.
Alternative Approaches
Most conservationists prefer water storage to channelization as a
structural means of reducing flood damages. Small tributary storage and
llll
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flood plain management is preferred over major reservoir storage. And a
combination of watershed development and flood plain management seems
greatly superior since this approach reduces the severity of flooding and
erosion, which have contributed greatly to the eutrophication of our natural
prairie lakes and streams. The destruction of our natural lakes and streams
represents a tremendous economic, social, and environmental loss to this area.
Although land treatment practices and flood plain zoning haven't been
as spectacular or as popular as high water dams, they are now gaining wider
acceptance. As more money becomes available for watershed development, and
flood plain management is accepted, flood control will diminish as a purpose
for man-made reservoirs.
WATER SUPPLY/WATER QUALITY
Sioux Falls will definitely be in need of an expanded water supply.
Here again, it should be noted that the proposed structures would only be
a temporary solution with diminishing capacity over time to the rapidly
increasing consumption of water. In time, the siltation will render the
structures useless for water supply; hence, Sioux falls with a greatly
expanded need for water will have to find some alternative source. .
Important questions have been raised about the quality of water ex-
pected in the Flandreau reservoir. Heavy algae blooms characteristic of
eutrophic lakes would provide special design problems for the withdrawal
system and the v/ater would need extensive treatment. The operation of
this system might, in fact, be too expensive to be feasible.
It is certain that the water quality of Sioux River below Sioux Falls
needs to be upgraded. Low flow augmentation is a questionable solution
since it merely dilutes the high BOD water coming from Sioux Falls' waste
liv
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treatment plant. A better alternative would be for Sioux Falls and other
municipalities to discharge wastes with an acceptable BOD level. This is,
of course, difficult for Sioux Falls with the great quantity of waste
water discharged.
There are alternative solutions to each of the problems of water supply
and water quality control independently. In Sioux Falls, tertiary treat-
ment of the waste water and the eventual recycling of this water into alter-
native municipal uses could solve, in part, the water supply problem, water
quality/volume problem. The pumping of v/ater from existing inpoundrnents
might be feasible over the longer term. Surely an expenditure of $47 million
could make a number of alternatives feasible.
Long term benefit cost analysis of a recycling system might provide
the most feasible solution to the problem allowing the existing well field
to serve indefinitely if most of the water going into the system remained,
instead of being lost back to the river.
RECREATION AND FISH AND WILDLIFE ENHANCEMENT
Recreation, fish and wildlife enhancement, seems to be the most question-
able purposes of the dam yet are ascribed GO percent of the benefits attributed
to the entire project.
One of the highest priorities of our District Committee is to reclaim our
eutrophic natural lakes and protect the others so their recreation potential
will be restored or preserved. Our District is spending considerable time
seeking federal assistance to abate these problems. It is quite clear that
the 98,000 people represented in this district are interested in recreation
provided by non-outrophic .lakes.
According to the Da kola Environmental Council's opinion concerning the
lv
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Dam, "Intensive management would be necessary to insure a game fish pop-
ulation, and annual stocking would be a probability. This expense pre-
sumably would be borne by the State of South Dakota. Recreational use for
the majority of the tourist season seems questionable, as major drawdowns
would occur in July, August, and September, and extensive mudflats would
exist in the bulk of the summer season. Although these mudflats would be
desirable for" waterfowl hunting in the fall, they would have an adverse
ffect on picnicing, water sports, camping, and fishing."
It would appear that the initial purchasing, and long term maintenance
and management would be quite expensive. Since the taxpayers of the state
will be assuming this burden, details of the total project costs, which will
be the state's financial responsibility, is necessary in order to make the
best decision.
RELOCATION OF FAMILICS
The social and economic pressures placed on those fanners who must re-
locate have never been given the proper weight when figuring the benefit/cost
ratio. Recently, socialogists and pyschologists have been analyzing the
affect of relocation on individuals uprooted by highway projects. Although
all the results are not confirmed from these studies, a definite correlation
exists between major relocation changes and family illnesses the year
following such a change. We would suspect that most of these families would
experience severe economic and social problems following either the actual
relocation or immediately after the project was approved, or both.
In all likelihood, many of the farm families will move to the city where
they will have to be retrained for a new job or will retire. This forced
change of life style in new surroundings can be a fairly shattering experience
lvi
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for some. The result could cost the individual and his new community a
considerable amount of money if adjustment problems are encountered.
If the project is approved, some economic reimbursement and social
adjustment help should be given to these families on the basis of indiv-
idual family readjustment problems.
lvii
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ADVERSE ECONOMIC IMPACT IN MOODY AND BROOKINGS COUNTIFS
Adverse Affects on Transportation
—Reconstruction of Interstate Highway 1-29
Upon reviewing the proposed dam project and the area to be affected,
it was calculated that approximately 2.5 miles of 1-29 would be in danger
of being under water at least once in one hundred years because of its
physical relationship to the surcharge elevation (1581.2 feet) and the one
hundred year flood design estimate. The elevation of the surface of 1-29
in the project area is 1576.2 feet, thus approximately 2.5.miles of 1-20
would have the potential of being under at least five feet of water. The
cost of reconstruction is estimated as follows. This estimate does not
consider the past cost of constructing 2.5 miles of interstate or does it
include the hardships and hindrances of rerouting the traffic that 1-29
will be generating during the proposed reconstruction schedule.
1. Beach slope and
r1p-rap $250,000/mile $ 625,000.0
2. Grading and
Surfacing 450,000/mile 1,125,000.0
3. Bridge, 400 feet 500,000/mi1c 500,000.0
TOTAL $1,750,000.0
—Reconstruction of U. S. Highway 77
The affected area of U. S. Highway 77 is 1.5 miles west of and upstream
from the 1-29 area. This affected area would cover approximately 2.0 miles.
Since the highway has been given over to Brookings County for maintenance,
the reconstruction cost burden would be primarily placed on that county..
Following are the estimates for reconstruction of U. S. 77.
1. Surfacing and,Grading
plus rip-rap $1 b0,000/tni 1 e $300,000.0
2. Bridge 150,000 J_5_Oi-Q.Q9.-JL
TOTAL $450,000.0
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--Reconstruction of State Highway 13
State Highway 13 runs north from Flandreau and approximately one mile
of it would be underwater. This project v/ould take a considerable amount of
fill because of the proposed reservoir depth at this location.
$200,000 $200,000
200,000 200,000
TOTAL $4 0,000
The combined cost estimates for reconstruction, and we estimate these to
be low, would be $2,600,000. This reconstruction estimate does not include
the dead-ending of all abutting county roads; a burden on the affected
counties, does not include recent highway and bridge construction; a burden
on the state and counties, and does not include the hardship of traversing the
project area by the residents of the involved counties.
--Reimbursement Policy
. Many county and township highways will be disrupted. Currently, there
is no plan to reimburse units of government for the inconvenience and
actual cost.
1. Bridge
2. Surfacing and
grading plus
rip-rap
lix
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Adverse Affects on Business Opportunities
It Is estimated that each acre of land, 1f kept in agriculture, would
produce $50 of new wealth annually. The new wealth has a multiplier effect
and would turn over 5 to 7 times in business transactions, resulting in an
• * no°
approximate loss of $500,000j°over 50 years to the communities near the project
site.
Loss of Crop Land
The irreversible loss of prime agricultural land should weigh heavily
in any decision due to the world population problems and the concurrent food
shortage. Productive land represents a national wealth and should be used in
the best way, or preserved for a time when it will be needed. In terms of
economics, the loss will of course be felt most in the immediate area
surrounding the reservoir sites.
School Districts
The three school districts—Brookings, Egan, and Flandreau~wil 1 be
adversely affected in three ways by the proposed project: (1) Loss of
students, (2) Loss of taxes, and (3) Disruption of school bus routes.
Each of these has adverse economic implications for the schools and the
community.
As stated earlier, it is probably that many of the families displaced
will relocate outside the impact counties. In Moody County, the loss of
students and taxes will probably cause the Egan School District to close,
resulting in a major reshuffling of the remaining students to other school
districts. Egan would also lose the money brought in by teachers and students
and the financial burden on the other school districts would increase. In
addition, the Flandreau School District would lose 103 students resulting
lx
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in class rescheduling problems, poor teacher-student ratio, under utiliza-
tion of staff, and loss of subjects.
The rerouting of buses due to the physical disruption of existing
routes would cost Flandreau an additional $9,000 annually and Egan (if the
school district survived) $2,300. This represents a major cost, particularly
when the loss of existing tax base is also considered.
It is difficult to determine the final effect on the economy, or the
quality of education; however, this brief overview indicates that the
social and economic impact would be significant. The environmental impact
on the school districts should be carefully detailed in the final report.
Loss to Counties
Based on the 1971-72 taxes, Moody and Brookings counties would lose
annually $140,634 in taxes, or $7,081,700 over the project period (50 years).
The tax money is an assured source of revenue to support the activities
required of county government. The effect of shifting the burden of local
government to a smaller number of tax payers in the form of higher taxes
may well hasten the migration to the urban areas, a process the First Plan-
ning and Development Committee is trying to reverse.
Summary
Most of the benefits claimed by this project are for those downstream
from the reservoirs, and specifically for a single urban area. However, it
appears that the claimed downstream benefit.s may not be as great as they look
at first glance and most likely will become distinct liabilities just a few
years after completion of the project—Specifically flood control, water supply,
water quality control, and low flow augmentation.
The benefits claimed for the reservoir sites (recreation, fish and wild-
life enhancement) appear to represent a tremendous cost in terms of both main-
lxi
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tenance and management. These costs would be borne by the state tax payers,
many of whom are more interested in recreation characteristic of non-eutro-
phic lakes. Waterfowl hunting is the only water, or water related recreation
which has major potential.
The adverse economic and social effects on the individual families
and communities on, or near, the project sites seems vast compared to the
limited benefits of an eutrophic lake with its extensive mudflats and very
limited recreational potential. Two of the highest priorities established
by our District Committee are: (1) Reclamation of the Eutrophic natural
prairie lakes, and (2) Reversal of rural out migration.
The District Committee feels that all of the alternatives should be
explored as well as an elaboration of the various impacts presented in
these comments. We sincerely appreciate the Corps' invitation to comment
on the preliminary Environmental Impact Statement and hope that these
comments will be of help to you.
lxii
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APPENDIX IV
CASTLTOD DAM PROJECT
-------
CASE STUDY
THE IMPACT OF EIS REVIEW ON LAND-USE FOR
THE CASTLEWOOO DAM PROJECT, COLORADO
The Castlewood Dam project is a good example of how the EPA
Environmental Impact Statement review authority can help spot projects
of questionable ecological validity, which ultimately have land-use
impacts. Since no written guidelines for EIS evaluation now exist,
there is no guarantee that land-use impacts are always considered fully
by the EPA. Whether considered or not, however, land use is affected
by EIS review decisions. Such a case is the Castlewood Dam Project,
proposed by the Army Corps of Engineers.
Briefly, the project included three new reservoirs and extensive
channelization of Sand Creek, Toll Gate Creek, and Cherry Creek, for
the purpose of flood control for the highly urbanized areas downstream.
The two reservoirs on Sand and Toll Gate Creeks (Sand Creek basin)
would have been managed as dry-pool reservoirs, due to insufficient
stream flow to keep them filled. The Castlewood Reservoir (Cherry
Creek basin) would have retained some water year-round, and would have
been constructed on Cherry Creek about 20 miles upstream from an
existing reservoir. The combined capacity of the existing Cherry Creek
Reservoir and proposed Castlewood Reservoir would be approximately
equal to the volume generated by a storm with a peak discharge 33 times
as great as that generated by a 100 year storm.1/
—f Preliminary Draft Environmental Statement, "Sand and Toll Gate
Creeks, Colorado." p. 19.
4 • • •
1X111
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RECOMMENDED
SAND CREEK
CHANNEL IMPROVEMENT
RECOMMENDED
CHERRY CREEK
CHANNEL IMPROVFMFNTA
n LAKE
" M
-V
LEGEND
AUTHORIZED CASTLEWOOD DAM
AND RESERVOIR
NOT RECOMMENDED
RECOMMENDED ELEMENTS
—¦ ELEMENTS CONSIDERED
BUT NOT RECOMMENDED
SOUTH PLATTE RIVER AND TRIBUTARIES
COLORADO WYOMING AND NEBRASKA
INTERIM REPORT
SAND AND TOLL GATE CREEKS, COLORAD
CHERRY CREEK,
SAND CREEK & TOLL GATE CREE
-------
-2-
In total, the project would have Involved about 10,532 acres; 6,372
acres of Sand Creek basin, and 4,160 acres of Cherry Creek basin,
causing extensive land use changes.
The EPA Region VIII office reviewed the preliminary draft
environmental statement on the project and offered their consents.
EPA had no major objections to the Sand and Toll Gate Reservoirs, as
long as proper precautions were followed 1n construction and maintenance.
There were objections to the Castlewood Reservoir however. Unlike
the other areas, Castlewood Canyon 1s a unique ecological niche.
With Its steep sides and north-south orientation, it supports a wide
variety of flora and fauna not to be found anywhere else 1n the area.
Acting upon EPA's evaluation, evaluations of other agencies, and
rather strong public opinion, the Corps of Engineers has submitted a
modified plan for the area. The modified plan calls for deletion of all
three proposed reservoirs. It calls for addition of a floodway for
spillway discharges from the existing CherryXreek reservoir into Toll
Gate Creek. The original channelization plans were left Intact, with
the addition of a short stretch of Toll Gate to be channelized. (See
map for comparison of revised and original plans.)
According to the Corps of Engineers, the modified plan of
Improvements would eliminate the threat of serious flooding along
Sand, Toll Gate, and Cherry Creeks, in areas that are now extensively
lxv
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-3-
developed or are rapidly becoming urbanized.—^ This particular modification
was not included as an alternative action in the preliminary draft
environmental statement, even though it would provide the degree of
flood protection described above.
With this background, we can explore the effect that EIS review
authority had on land-use in this watershed area, assuming that the
revised Corps of Engineers plan 1s approved and carried out. Once
approved within the Corps, another Environmental Impact Statement for
the new plan must be submitted to EPA.
Both the original and revised plans provide flood control for
the developed and developing areas downstream, so there should be no
significant difference in development potential in that area because
of flood danger. Urban sprawl is advancing in the lower reaches of the
watershed, and may be expected to continue unless basin or land-use
plans are formulated and implemented soon. Two major home developments
are being built near Cherry Creek in the area between the existing
Cherry Creek Reservoir and the defeated Castlewood site. Their water
supply (deep well aquifers) and sewage disposal (complete recycling,
no discharge into Cherry Creek) are such that they neither affect nor
are affected by surface stream flow.
y "Notice of Issuance of Study Report on Sand and Toll Gate Creeks,
Colorado, An Interim Report on the South Platte River and Tributaries,
Colorado, Wyoming, and Nebraska." Army Corps of Engineers, Missouri
River Division. June 5, 1972. p. 1.
xlvi
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-4-
There were no provisions for use of Castlewood Reservoir water
to provide Irrigation or city water supply. Flood control and
recreation were the only planned uses for the water. Therefore,
killing the Castlewood project had no effect on land-uses as they
relate to availability of water for agricultural, residential, or
Industrial growth.
Had the Castlewood Reservoir been built, a 1,000 acre floodway
for 18 miles downstream of 1t would have been acquired as a flood plain.
The details of the floodway had not been determined at the time the
preliminary draft EIS was written. A floodway of natural vegetation
would provide better flood protection downstream than a developed area
along the creek, if, in fact, home development does occur along the
creek. Because of the revision 1n plans, this floodway has not been
provided for, and 1s open to development.
Included 1n the original Corps of Engineers proposal was
extensive recreational development around the reservoirs. Facilities
would have Included new roads, camping and picnic areas, and trails around
all reservoirs; and various swimming and boating facilities on Castlewood
Reservoir.
Since both Sand Creek and Toll Gate Creek Reservoirs (Sand Creek
basin) were to be dry-pools, the area subject to 1nterm1ttant inundation
would be virtually useless for recreation or any alternate land uses.
In Its present condition, the Sand Creek basin 1s not suited to recreation,
lxvii
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-5-
being mostly shortgrass prairie with some grazing and agriculture.
The EPA review voiced no objection to developing Sand Creek basin as
planned, but the two reservoirs 1n this basin were dropped in the
Corps of Engineers revision. So the net effect of the reviewing
procedure was to cause the Sand Creek basin to go undeveloped for
recreation and to leave the area open for private development in the
future.
The Castlewood Reservoir (Cherry Creek basin) would have been
a permanent lake suitable for water-related recreational activities.
There is presently, however, an 87-acre state recreation area there which
is extensively used. As it is, the canyon provides a rather unique
recreational setting, and 1s the site of some archeological findings.
Because of the EPA review, the canyon has been saved from Inundation,
and the land will remain the same for the time being. At present,
Castlewood Canyon is used for recreation, education, archeological digging,
and some farming.
Had the dam at Castlewood been built with the accompanying
recreation facilities, it would probably have encouraged development
in the so-called Black Forest (Ponderosa pine and Douglas-fir) surrounding
it. According to an interim report by the Denver Regional Transportation
District, this is a very desirable area for development, if done carefully.
There are no plans at present to develop the area.
lxviii
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-6-
In short then, the EPA Impact Statement review authority played
an Important part 1n changing Corps of Engineers plans. These changes
had several broad land-use effects. First, proposed recreational
facilities were lost. On the other hand, a unique blotlc coronunity
(Castlewood Canyon) was saved from destruction. Secondly, land
ownership was affected. Instead of publicly owned recreation areas,
most of the land will remain 1n private ownership, and will be subject
to possible development 1n terms of residential, corranerclal, and
Industrial use, due to close proximity to a large urban area.
Development 1n Castlewood Canyon would be particularly
objectionable. Private developments are out of reach of EIS review
authority. The EPA can, and should when an area such as Castlewood
Canyon 1s recognized, attempt to affect development 1n the area through
manipulation of grant money and by informing the applicable planning
agencies of special circumstances Involved in the area.
An effort 1s being made at the present to Identify and contact
those agencies which could have an impact on land-use 1n Castlewood
Canyon. There 1s not now a comprehensive land-use plan 1n effect for
the area. A letter from EPA to Arapahoe County concerning this is
Included.
lxix
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I 8 JUL Yf'l
Ref: AWIE
Mr. Russell Hip.^inson, Chairman
Douglas County Connissioners
Douglas County Courthouse
Castle Rock, Colorado
Dear Mr. Higginson:
Ac you know, the U.S. Array Corps of Engineers has reccr.tly
revised its planned flood control program for Cherry Creek eri
bas eliminated the proposed Castlewood dam and reservoir prefect
from consideration. This decision vas based on a co^birvaticn of
adverse environmental and economic effects that vould have teen
realized had the project been implemented,
Although the decision to abandon thf» Arm nnfl rp«tprvr>ir rr?1-
ect was in the best interest of a quality environment, this
affords no guarantees that the Castlewood area will be isrsme to
pressures of development and urbanization. As you cay know,
uncontrolled development may lead to serious environmental degra-
dation, Including Increased water and air pollution, solid vaste
disposal problems, and deterioration of the aesthetic and
recreational experience. Consequently, it may be appropriate at
this time to consider the implementation of strong land-use
controls for this unique natural area, as a part of the overall
land-use plans for Douglas County.
As an integral part of land-use development for the Canyon
area, I vould also urge the County to consider the possibility of
conducting a broad scale, multidisciplinary study of the ecological,
physical, social, and economic factors that have affected the
development of the Canyon to date. Such a study nay provide the
baseline data needed to make land-use decisions that are consistent
with the natural character of the Canyon and environs.
We vould be pleased to discuss the fate of the Castlevood
Canyon area with appropriate County Planning officials.
Sincerely yours,
original si:;r.:c by
Charles V/. f.iurray, Jr.
tor
John A. Green
Regional Administrator
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APPENDIX V
CENTEMJIAL VALLEY PROJECT
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CASE STUDY
THE IMPACT OF AN EPA CONSTRUCTION GRANT
ON LAND-USE IN THE LEAD-DEADWOOD AREA,
SOUTH DAKOTA
The Lead-Deadwood Sanitation District Project is an example of
how EPA grants for construction of local water pollution control
facilities can have an impact on land-use patterns. The Environmental
Impact Statement for this pollution control project was written by EPA,
Region VIII, and reviewed by other governmental agencies and private
Interests.
The project Involves construction of a tailings-stabilization
pond to serve as a waste treatment facility for the towns of Lead and
Deadwood, South Dakota, and the Homestake Mining Company nearby. The
waste treatment pond will cover 288 acres of land on Centennial Prairie.
The pond has a Hfe-expectancy of 20 years, with room for expansion beyond
that time. An 8 mile Interceptor pipeline will be built, starting at
Lead and running downhill to Centennial Prairie, picking up effluent along
the way. The wastes to be treated are of two different types. The first
1s the storm runoff, Infiltration, and sanitary sewage from Lead and
Deadwood. The other type, and the greatest 1n Importance, 1s the mining
wastes (tailings) from the Homestake gold mine. Both cities and the mining
company are now dumping their raw wastes Into Whitewood Creek. Depending
on natural runoff, these wastes now compose anywhere from 50-100% of the
stream flow.
lxxi
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-2-
An Environmental Impact Statement was prepared by EPA largely
because of controversy surrounding possible contamination of ground
water by the treatment pond. The Centennial Prairie site is characterized
by geologic fracture and exposed aquifers, as is much of the Black Hills.
The EPA felt, however, that the treatment pond could be sealed well enough
to prevent leakage into the ground water supply. The nature of the mining
effluent is such that it would be particularly harmful in the ground water.
Homestake Mining Company discharges cyanide (180 pounds/day), arsenic,
iron, lead, zinc, and selenium. Although 80% of the sand fraction of
mining waste is returned to the mine shafts, the remaining 20% sand fraction
and the total slime fraction now being dumped into Whltewood Creek amount
to 2,735 tons per day.
The tailings-stabilization pond will, over its 20 year lifetime,
prevent these mining wastes and municipal wastes from polluting the
Whitewood Creek, Belle Fourche River, Cheyenne River, and the Cheyenne
arm of Oahe Reservoir. It should ultimately convert the sediment-laden,
biologically sterile Whitewood Creek into a clear running, productive
stream.
The immediate land-use impact of the project involves a conversion
of 288 acres of pasture and hay-producing land into a settling pool.
The settling pool will be aesthetically displeasing, thus discouraging
housing development or recreational use of the immediate area. The
interceptor pipeline will be laid partly underground and partly above
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-3-
ground. All along 6 miles of pipeline, access roads will be needed fnr
construction and maintenance. Construction of three miles of this road
will necessitate removal of forest cover. These roads will increase
accessabillty 1n some remote areas, which may serve to intensify land
usage.
At the present the economy of this area 1s based largely on the
mining operation. Although the Black Hills are a major recreation area
for the region, the Lead-Oeadwood area has not been involved to a great
degree, partly because of the pollution problem on Whltewood Creek.
The site of the original Homestake Mine 1s a part of the Deadwood-Lead
National Historic Landmark District (National Park Service) and is of
historical significance. With the elimination of the open sewer 1n
Whltewood Creek, the area has more potential as a multiple-use recreation
area. Also, if mining operations eventually cease, this could be an asset
1n changing from an industry-oriented to a recreation-oriented economy.
With a facility for waste treatment already available, new industry
may be encouraged. It may also encourage Homestake Company to expand their
operations or to make changes 1n disposal procedures. There was some
question as to whether Homestake might return to the mercury extraction
method once the pond 1s constructed. This method was discontinued in
December, 1970. The capacity of the treatment pond is not such that
another large polluter could be accommodated without shortening the
life-expectancy of the pond drastically. But a sanitary district is
lxxiii
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now formed, and additional treatment facilities will be more easily
added. There is an abundant ground water supply and room for
industrialization. The economy of the area, now largely dependent on the
mining operation, would benefit from a more diverse income base. Because
of EPA pollution control construction grants, more industry can be
accommodated without rendering the area useless for other purposes.
The Bureau of Reclamation sited a possible benefit of the
treatment pond, in terms of more useable irrigation water downstream.
Presently, Whitewood Creek carries too much fine-grained sediment and
heavy metals to be useful for irrigation water. The Bureau has no plans
for a restudy of the area, but predicted that waste treatment on
Whitewood Creek would be of value to residents in the lower reaches
of the Belle Fourche Project in the vicinity of Vale, South Dakota,
By making more useable irrigation water available, more land can be
put into agricultural production.
The Environmental Impact Study stated that ground water down the
valley would be affected one way or another. Centennial Prairie now
serves as a feeding area for the Minnekahta limestone aquifer.
If it is (as EPA contends) possible to completely seal the pond from
seepage into the aquifer, ground water supplies will be somewhat
reduced. If seepage should occur, there is a possibility of
contaminating numerous wells which are used by ranchers in the area
lxxiv
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for domestic and livestock purposes, and also several municipal
water supplies. Loss of this economical water supply could
cause extensive socio-economic disruption and accompanying
land-use changes.
The Lead-Deadwood project set a potentially dangerous
precedent for the use of eminent domain for land acquisition.
In the preliminary engineering report by Brady Engineering
Company, the projected figures for discharge 1n the year 1990
are as follows:
Population Suspended Solids (tons/day)
Lead mm— —
Deadwood 4,980 0.3
Homestake Mining Co. 3,065
The residents of Lead and Deadwood, with sewage treatment
requirements less than those of Homestake Mining Company, will
not be the prime beneficiaries of the facility.1 The mining
company will be expected to share 1n construction costs for the
project. However, without the power of eminent domain, the land
1n Centennial Prairie could not have been acquired for waste
treatment, due to local opposition. Only by involving the
^Inal Environmental Statement. Lead-Deadwood Sanitary
District No. 1, South Dakota Project No. WPC SD-200. March, 1972.
p. 18.
lxxv
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-6-
Lead-Deadwood Sanitary District, a public agency, was the
company able to use this land, and thereby cut their waste
treatment costs to a minimum.
Out of an estimated construction cost of $5,600,000,
the EPA construction grant amounts to $1,790,000, or about
one-third. This might be viewed as government subsidy to
private industry. Say, for example, that a heavily polluting
industry in an isolated area is forced to meet minimum effluent
standards. By joining a sanitation district which includes
surrounding communities with minor pollution problems, the
industry can indirectly receive an EPA grant for up to 30% of
the control project cost and gain the power of eminent domain.
A similar industry in a more populated and more diversified
industrial area would receive less proportional help and could
be shut down for violation of standards without major economic
disruption to the area. If a new industry's water pollution
comprises a large portion of the district's pollution, the
industry enjoys a greater proportion of government aid than in
an already polluted area. It seems that EPA grant policy encourages
highly polluting industries to locate in unindustrialized areas
with previously minor water quality problems.
lxxvi
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-7-
A comprehensive water quality management plan is now being
prepared for the Black Hills region by the Black Hills Conservancy
Sub-District. EPA is providing 50% of the funds for the study
through a Section 3(c) planning grant. Plan preparation and
reporting will be completed in 1973. With this information, EPA
can better evaluate future construction grants in the area. Only
an interim basin plan was available when plans for the Lead-Deadwood
project were considered. Being a rural area, no specific land-use
plans have been formulated.
In summary, the Lead-Deadwood waste treatment facility
will cause numerous land-use changes. One is the immediate change
of 288 acres of pasture to treatment pond, and subsequent discourage-
ment of development in the immediate area. Another is the vast
improvement of water quality in Whitewood Creek, and subsequent
encouragement of recreational, residential, industrial, and
agricultural useage in the immediate area and also far downstream.
There is a possibility of ground water contamination from the
treatment pond, in which case ranching operations and several
nearby communities would be faced with finding suitable water
supplies. The project also brought forth controversy over the use
of eminent domain by public agencies in land acquisition for largely
industrial purposes. Guidelines for this sort of land acquisition
are lacking.
lxxvii
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APPENDIX VI
QUESTIONNAIRE RESPONSES FROM R/A AND DEPUTY R/A
-------
ENVIRONMENTAL PROTECTION AGENCY
Region VIII, Denver, Colorado
D** May 23, 1972
Rtply to
Attn 0/: RA
Subjtci: Land Use Questionnaire
T«: J1m Monaghan, YAB
Reference your land use questionnaire, the following 1s
submltted:
EPA 1s definitely limited by the lack of a legislative
mandate which would allow us to set standards for land use.
With the establishment of such standards there should also be
the strong authority to enforce them.
As far as the private sector 1s concerned we can impact
land use or misuse where federal dollars are Involved 1n a
project. This would essentially be through the environmental
Impact statement route via NEPA. One limitation here 1s our
lack of authority to demand an Impact statement 1f a subject
agency deems one unnecessary.
The above 1s equally applicable as far as Federal Government
facilities are concerned. We bluff, recommend, and use many
routes to Influence the submission of statements, but we have no
authority to demand.
Impact statements are not really action documents anyway —
they are usually submitted where projects are nearly a "fait
accompli"; consequently, the Impact statements have little Impact.
This 1s not the way to do 1t.
What we require 1s a land use bill which will provide for
proper planning guides, standards, and enforcement authority.
I personally feel that this should be Implemented jointly by
federal and state agencies. Authorities for planning and enforce-
ment should be delegated to the state with authority for Federal
preemption 1f the state doesn't do the job.
There should be an overall state plan which establishes the
guidelines with broad regional zoning. Other lower-level govern-
mental entities (COGs, municipalities, etc.) should prepare plans
lxxviii
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Page 2 - Mr. Jim Monaghan
which would conform to the overall state/regional plan. Delegation
for enforcement could be accomplished on an individual selection
basis.
yf John A. Green
Regional Administrator
lxxix
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ENVIRONMENTAL PROTECTION AGENCY
REGION VIII, DENVER, COLORADO 80203
8A oath: June 15, 1972
suBjKCT: Response to Questions on Last Page of Land Use Questionnaire
TO:
Mr. J1m Monaghan
Youth Advisory Board
Question #1:
Yes. I feel that EPA1s Involvement 1s limited by lack of mandate.
Question #2:
No. We are probably not doing all we can under existing
authorities — primarily because each authority has not been thoroughly
examined with respect to Its applicability to land use. (Hopefully,
this will be one job of YAB land use study.)
Comment on Generalizations:
Water quality standards are set and other programs conducted to
achieve clean water for various beneficial uses, Including health but
also recreation, water supply, etc. We are going beyond the simple
achievement of water quality standards by requiring application of best
practicable treatment of Industry by 1976 and attainment of stream
standards (whichever 1s most stringent). fle~also require secondary
treatment of municipal waste — whether or not water quality standards
would dictate this high level of treatment.
The statement, "...standards are set with little regard to com-
prehensive community plans. . etc., 1s not clear to me. It is
true that standards for some streams need to be upgraded to permit
higher uses. This 1s one thing we are trying to accomplish in the
South Platte. I think a larger aspect than standards which bears on
the Issues discussed 1s our construction grant program. The location,
size, and type of Intercepting sewer and waste treatment plants can
have a major effect on the amount and location of growth (hence, land
use) 1n a community. Interim water quality management plans are now
a prerequisite to the award of construction grants. However, I'm sure
that the fully developed plans which will be required by July 1973 will
need to give more consideration to the broad questions of land use.
CPA Pom 1320-4 (11-71)
lxxx
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V
Page 2 - Land Use Questionnaire
In summary, I feel that EPA lacks a clear mandate in the land
use field, but that a number of our authorities (NEPA, Water Qualitj
Planning, Construction Grants, Solid Waste Planning Grants, Air
Quality Plans, etc.) do impact orTTand use. I hope the YAB will
recommend methods for improvi
use
activities related to land
fold P. Dubois
Regional Administrator
lxxxi
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APENDIX VII
NLUTF Denver Outline
for Land Use Activities
-------
Youth Advisor/ Board's Land Use Actlvltlos
proposed by the Youth Advisory Pxsard's Land Uso Task Forco
approved by thp National Youth Advisory Board at the
Denver National Itoetlng 2/27/72
Objective: Tho Youth Advisory Board will look Into the multiple Inter-
locking problems of land managenont from the standpoint of
how they affoct tho Environmental Protection Agency's existing
respons IbI I 111cs.
To facilitate this objective the YAB will undertake the foilov/inn land
use activities.
Activity 1: To begin Inmodlately, tho YAD will Identify EPA's Impact on
land use management through national and regional i nvest I notions
of Its existing logisJatlvo authority, policy and procedures;
Including, but not'limltod to, the establishment anci regulation
of standards, environmental Impact statcmonts, and nr^nti.ng
programs, Tho YAH Land Use Task Force will Issue a prcl Iminc.ry
report to be given to tho Administrator by June I, 1972.
Activity II: CommoncTfig Juno I, 1972, the YAD and a supportive intern staff
will undertake field studios to identify and assess critical
land uso problems and how environmental quality Is affected by
past and present land use practices,
A, WI thin each EPA roglon, tho following land use areas will
be examined.
1, Urbanization
2, Agriculture
3, Waste Disposition
4, Recreation
5, Mineral Extraction
6, Transportation
7, V/lldorness
D, Integration and corrolatlon of regional studies to devolop
a national perspective.
Activity III: Commencing Juno I, 1972, tho YAQ and a supportlvo Intern staff
will undertako supportive governmental studies to:
A, Continue Identification and assessment of EPA's Impact on
land uso management,
1, establishment and regulation of standards
2, environmental impact statenonts
3, proposed legislation
4, granting programs
5, other programs
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B. Identify other Federal agencies' significant land use
activities, environmental considerations, and how they
relate to EPA's mandated authority to protect and enhance
the quality of the environment.
1, ex Ist i ng act i v i t i es
2, proposed activities
3, proposed legislation
C, Identify the oxtent of State, rogional (intra- and inter-
state), and local land use management activities, authori-
ties, and regulations,
It method of environmental considerations
2, method of public participation
3t relations with the Federal Government
Activity IV; YAB land use management recommendations will be reported
January I, 1973, and thereafter.
1, Regional Iy
2, Nationally
Activity V: Potential reporting mechanisms.
A. Congressional Symposium
B. Regional multl-dincnsional presentations (EPA)
C. National multi-dimensional presentations (EPA)
D. Presentations to other Federal agenclos
E. Seminars/briefings to State, regional, and local agencies
F. Seminars/briefings to nongovernmental entities
1. environmental organizations
2. educational institutions
3. other
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Responsibilities of YAB Land Use Study Participants
Regional Land use Task Force (Interns, YAB and EPA): The
primary purpose of the Regional Task Force will be to collect
data (research interviews, and visual documentation) about
critical land use problems in the following land use areas:
Urbanization
Agriculture
Waste Disposition
Recreatlon
Mineral Extraction
Transportation
Wilderness
The Regional Task Force will study EPA's impact on land use
management:
establishment and regulation o£ standards
environmental Impact statements
proposed legislation
granting programs
other programs
They will look at other Federal agencies' significant land
use activities in the region, their environmental considera-
tions and their relationship with EPA. And the Regional
Task force will study the extent of state regional and local
land''use management activities, authorities and regulations,
(to be included)
method of environmental considerations
method of public participation
relations with the Federal Government
The Regional Task Force will then be responsible for develop-
ing a Regional Report and Presentation of the Task Forces find-
ings and regional and national recommendations.
Regional Land Use Task Force Coordinator: The Regional Land
Use Task Force Coordinator will be responsible for coordina-
ting and developing all the Regional Land Use Task Force
work. The Coordinator will designate the work loads and the
working areas (states and localities) for the Intern staff.
It will also be his or her responsibility to insure that
the Task Force Members do not engage in unnecessary .duplication.
Other tasks will include a short weekly report (status) to
the National Office, and serving as liaison with the National
Office and the National YAB Land Use Study Coordinators.
lxxxiv
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The Regional Coordinator will be responsible for the develop-
ment of the Regional Report with regional and national recom-
mendations. And finally, the Regional Coordinator in con-
junction with the Field and Study program will be responsible
for the development of the multi - dimensional presentations
to be made to EPA; state, regional and local agencies; and to
other non-governmental entities.
Washington Land Use Task Force: The Washington Land Use Task
Force will continue the identification and assissment of EPA's
impact on land use management; in the areas of :
establishment and regulation of standards
environmental impact statements
proposed legislatation
granting programs
other programs.
They will also analyze some of the other federal agencies'
significant land use activities (current and proposed activities
and proposed legislation), their environmental considerations,
and how they relate to EPA's mandated authority to protect
and enhance the quality of the environment. They will be res-
ponsible for developing their findings and recommendations
into a report which can be the integrated with the National
Repor t.
Washington Land Use Task Force Coordinator: The Washington
Coordinator will distribute the work loads for Task Force
Members and coordinate their activities to avoid duplication
The-'Coordinator will serve as liason with the National Co-
ordinator and the Regional Coordinators. lie or she will also
be responsible for submittal of weekly status reports to the
National Office. The Coordinator will oversee the development
of the Wahsington Task Force's findings and recommendation into
a report which can be integrated with the National Report.
National YAB Land Use Study Coordinators: The Study Coordin-
ators will synthesize the Preliminary EPA Reports and from
the regions for presentation to W.D.R. Each of the four coordin-
ators (1. field studies, 2. EPA Studies, 3. Other Federal
Agencies Involvement Studies, and 4. State, Regional, and
Local Studies) will be responsible for developing a training
program for the regional interns to be working in that study
area. The Study Coordinators will be responsible for over-
seeing the study activities in the regions and Washington.
The Study Coordinators will assist the regions in gaining in-
formation from Washington, facilitate intra - regional contact
to avoid a needed duplication and provide a national perspec-
tive to the Regional Task Forces, A weekly newsletter, con-
sisting of regional findings and activities, will be issued
by the Study Coordinators. They will also, be responsible
lxxxv
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for developing the National Report and the associated presen-
tations .
National Land Use Coordinator: The National Coordinator will
be responsible for the development of the preliminary EPA
Report. He or she will organize, with the Study Coordinators,
the Regional Land Use Task Force Training Sessions. The National
Coordinator will keep In direct contact with all regions to
facilitate the development of the Regional and National Report.
Responsibility for developing the final land use reports will
lie with the National .Coordinator.
National Land Use Task Force (NLUTF)
The NLUTF (1 YAB member/region) will provide direction for the
coordination of the Land tin® Activity by the National Office.
The ObJ ec tive of the Land Use Activities and Areas to be delt
with has been established by the NLUTF in Denver (see TAB A)
EPA Land Use Council
An EPA Land Use Council will be assembled to provide advice
to the National YAB office staff coordinating the YAB Land
Use Activities, The Council may also provide insights into
new areas and establish contacts throughout the Agency, at
Headquarters, with individuals that should be contacted by
the National staff who can provide informalton on how EPA's
making defacto Land Use declssslon.
Natlpnal YAB Office
The Two National elected representatives will be responsible
for implementating the direction of activities given by the
National Land Use Task Force, and will work directly with the
coordinator of the Land Use activities. The National office
representatives and staffJwill meet periodicly with EPA Land
Use Council seeking advise on substantial areas to look into
determination of EPA's Land Use Involvement.
lxxxvi
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cpa la'.'d oiir/:i l
¦'IATIOMAL yah office
I
£
i'iatioriAi yah la;:d use task force
-------
PART II. OTHER ^FEDERAL AGENCIES
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Introduction
Land-use in Region VIII is influenced to a great degree by
Federal agencies, if only from a standpoint of ownership. The
Federal government owns about 32 percent of the land in the
)
Region. The major land management agencies include the Bureau
of Land Management with 55 million acres, the Forest Service
with 50 million acres, and the Park Service with 5 million acres.
Other landowners include the Bureau of Sport Fisheries, the
Bureau of Reclamation, and the Bureau of Indian Affairs.
In addition to land management agencies, several agencies
have a great deal of impact on private land through their poli-
cies and programs. The Soil Conservation Service and the Agri-
cultural Stabilization and Conservation Service are included in
Part II.
Although the policies of Federal agencies are fairly well
standardized throughout the country, features of these agencies
operations that are unique to Region VIII will be explained in
the following pages.
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CHAPTER I. BUREAU OF LAND MANAGEMENT IN REGION VIII
1. General
a. The Bureau of Land Management holds more land than any-
other Federal agency in Region VIII: 55 million acres. Until
recently, it has done far less land-use planning and management
than the Forest Service or the Park Service. This is due part-
ly to the fact that the BLM's predecessor, the Land Office, was
primarily a land disposal agency, and not a land management
agency. The primary responsibility of the Land Office was to
dispose of public land as quickly and efficiently as possible.
b. At one time, all the land in Region VIII was public land.
During the settlement period, much of the desirable land was home-
steaded or given to the railroads. By the early 1900's, most
of the Forest Service and Park Service land had been set aside.
Both agencies were very selective and they removed the most pro-
ductive and most scenic land from the public domain.
c. By far, most of the BLM land in Region VIII is semi-arid
grassland and desert. Because of government land disposal poli-
cies, the public lands are scattered in small parcels or checker-
board patterns. This tends to benefit utilization by ranchers
for grazing, but makes it difficult to administer land for timber
production, recreation, wildlife, or the other uses stated in the
Multiple-Use Act.
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2. Grazing
a. Traditionally, though now not as much as before, public
land in Region VIII has been used for livestock grazing. About
43 million acres out of a total of 55 million acres are in graz-
ing districts. Before the Taylor Grazing Act of 1934, ranchers
utilized public lands, both legally and illegally, to the great-
est extent possible, ignoring the concept of sustained yield.
The grasslands in the Great Basin of Utah, Wyoming, and Nevada
suffered grazing damages from 1890-1910 which are still evident
today. Once dominant and desirable grass species are now minor
constituents of the rangeland, replaced by less palatable grasses.
This range deterioration undoubtedly had, and still has, an ef-
fect on the land as wildlife habitat and watershed. The Great
Plains, east of the Rocky Mountains, also suffered damage by
soil erosion and loss of forage productivity, but did not undergo
the severe grass composition changes of the Great Basin. By far
the most damage done on the Great Plains was due to cultivation,
the cause of the Dust Bowl of the 1930's.
b. The Taylor Grazing Act of 1934 provided for the regula-
tion of the number of livestock grazed on a given area and regu-
lation of seasons for livestock use of public forage. It also
included classification authority for public domain lands, which
effectively put a stop to homesteading on lands that were un-
suitable for agricultural use. This Act was the first to give
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the government authority to determine land-use of the public
domain.
c. In areas of serious range deterioration, the BLM is
carrying out a program of range reseeding. In less critical
areas, livestock management under the permit system is allowing
the range to recover somewhat from the ravages of the past. In
general, the BLM has been able to minimize overgrazing because
of the Taylor Grazing Act and cooperation from ranchers. Most
of the ranchers using BLM land are small operators; that is,
over half have less than 50 head of cattle or the sheep-equivalent.
d. Since the Multiple-Use doctrine was adopted by Congress,
grazing has not played the dominant role it once did in the BLM's
management philosophy. In Region VIII, public land usage is
shifting to mineral exploitation and, to a lesser degree, recreation.
3. Mineral Development
a. Under the Mineral Leasing Act of 1920, the BLM is re
sponsible for issuing leases for extraction of coal, gas, oil,
oil shale, and a few other minerals. Of all the leases Issued
by the BLM, about half are issued for the state of Wyoming alone.
Utah and Colorado are runners-up. This gives some idea of the
magnitude of energy resource development on public land in Region
VIII.
b. Two major mineral developments are being considered in
Region VIII, and the BLM is involved in both. The largest and
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most immediately important development is the Powder River coal
deposit of Wyoming and Montana. Another mineral of great poten-
tial importance is an oil shale deposit in the Green River Basin
of Colorado, Utah, and Wyoming.
3.1 Powder River Coal Development
a. The Powder River Basin coal is only a part of the
immense Fort Union coal formation, which contains approximately
40% of the nation's coal reserves amounting to an estimated 1.5
trillion tons. The Powder River deposit is not a new discovery
by any means, but widespread mineral speculation has taken place
there only within the last seven or eight years. This can be
attributed to new developments in coal gasification and other
forms of coal utilization, along with improved markets for future
energy because of the so-called "energy crisis."
b. The Bureau of Land Management holds mineral rights
to about half the coal in the Powder River Basin. Because these
tracts are scattered throughout the basin, the BLM coal-leasing
policies will be a determining factor in development of the pri-
vate mineral rights.
c. Competitive lease offers are attracting bonus bids
of over $500 an acre instead of the traditional dollar or so.
Lease application are increasing in size from around 100 acres
to about 5,000 acres. So far, the leases, preference right ap-
plications, prospecting permits, and competitive lease applications
come to a total of 285 coal leasing actions involving around 5.5
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POWDER RIVER SUB-BlTUMlNOUS
COAL Deposit
Various estimates make 1t clear that tho™ 3
tons of strlppable sub-bU^nou^f,^ ^ "1nin"
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million acres of federal coal rights. This is 101 of all the
land the BLM holds in Region VIII. Of these actions, 152 in-
volving 387,000 acres are final and obligate the coal resource."'"
d. The Powder River development is creating extreme
difficulties for the Bureau of Land Management. The BLM is
under pressure from speculators, power companies, and "energy
crisis" advocates to lease as much coal as possible. On the
other hand, the multiple-use doctrine requires that considera-
tion be given to the land-use conflicts the strip mining creates
e. Coal mining in the Powder River basin will con-
flict with oil, gas, bentonite, and uranium extraction in the
same area. All four are of major significance. Nearly 30% of
the world's reserves of valuable bentonite are found in the
basin. Strip mining will also conflict with livestock forage
production. More than 1,960 ranching operations depend on the
forage resource of the basin, which is valued at approximately
$35 million annually.
f. The Powder River basin supports a diverse game
population, accounting for 350,000 hunter days and 210,000 fishe
man days annually. In addition it suuports several animals on
the rare and endangered species list, including the Black-footed
Ferret, Prairie Falcon, and American Peregrine Falcon. Several
private buffalo herds graze the basin, one of which Cover 1,800
head) is the largest private herd in the U. S.
"^"Briefing Paper on the Powder River Basin;" Department of
Interior.
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g. As in all the Rocky Mountain West, water is at a
premium in the Powder River basin. Immense quantities oT water
will be required to develop the coal through coal gasification
or power generation. It was mentioned previously that coal
development would conflict with other mineral development. A
primary reason for this is the lack of available water. If any
one of the minerals in the basin is developed to its fullest,
it will pre-empt development of the other minerals, simply be-
cause of the water situation. Obviously, there is a great deal
of conflict between mining interests because of this. Still
another conflict has developed between the miners and farmers,
who want the water for irrigation. Farmers' co-ops have been
purchasing water rights and trying to buy reservoirs, so that
they can sell the miners only that water which is not used for
irrigation. Thus far, the farmers have been only partially
successful.
h. An estimated 3.5 million recreational visits are
made annually to this area, including sightseers. No matter how
well strip mine reclamation is carried out, it is obvious that
the aesthetic values associated with a deversity of natural land
forms will be lost.
i. If coal development is carried out, the basin's
population is expected to jump from 130,000 to nearly a million
people. Such a drastic increase will be accompanied by haphazard
land development, for Wyoming counties are ill-equipped to plan
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for growth on this scale. In a mono-dependent economy such as
would be created in these new communities, consideration should
be given to what will happen when the coal resource is depleted.
j. Thus, BLM leasing policies in the Powder River basin
will affect more than just the public land. BLM leasing and
land-use policies will determine private land-use, the socio-
economic structure, and environmental quality for the basin and
the entire region. In short, resource extraction in the Powder
River Basin will have national significance and land-use ramifi-
cation of almost unimaginable and certainly historical proportions.
3.2 Oil Shale Development
a. Region VIII has the largest and richest oil shale
deposit in the country, and the BLM owns the mineral rights to
80 percent of it. Several oil companies have set up pilot pro-
jects on private land to determine the feasibility of using oil
shale as a new energy resource. The technology is available,
and some of the companies are ready to begin large-scale oil
shale mining and processing on public land.
b. Oil shale, like coal, is covered by the Mineral
Leasing Act of 1920. In 1968 Secretary of Interior Udall called
for bids on oil shale leases, but received only three, all too
low to be considered. BLM officials believe this lack of in-
terest was caused by the Prudhoe Bay oil discovery a few days
before the bids were released, and the fact that Udall was a
lame duck official at the time. The oil companies were not
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The shaded area marks the location of the major oil shale deposits under
consideration for development. An estimated 80 billion to 2 trillion barrels of oil
are thought to be trapped within these shales.
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willing to risk the uncertain policies of a new Secretary. Sub-
sequently, Secretary Hickel dropped the oil shale program during
his time in office.
c. However, the BLM has once again become involved in
oil shale leasing, but with a different approach. The BLM pro-
poses to lease six prototype areas in Colorado, Wyoming, and
Utah. These six sites would involve about 50,000 acres in all.
Because of the National Environmental Policy Act, the BLM has
written a draft environmental impact statement and public hear-
ings are now being held. The hearings have brought out several
major land-use conflicts which will be encountered in oil shale
development.
d. As in the Powder River basin, development of one
mineral will directly conflict with other mineral development;
in this case, gas and oil. One of the proposed prototype tracts
(tract CB) is on a federally approved gas and oil unit area.
In addition, Project Rio Blanco, a nuclear gas stimulation pro-
ject, is in the oil shale region. Natural gas interests believe
the Department of Interior is trying to pre-empt the Atomic
Energy Commission's Rio Blanco Project by encouraging oil shale
development there.
e. The location of the prototype tracts has brought
on controversy because none of them are suitable for experiment-
ing with in-situ shale processing. In-situ is potentially the
least degrading of all possible mining methods, because the shale
is not removed from the deposit for processing. It is processed
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in place, and the products are carried to the surface by pipeline.
f. Both open pit and room-and-pillar mining present
problems of immense quantities of crushed and processed shale.
Even if the spent shale is put back in the mining cavern, there
is still a great deal left over. The waste material expands
when the oil shale is processed, to \\ times its original volume.
The only solution offered thus far is filling up canyons with
spent shale. Shale disposal of this sort will have visible and
immediate land-use ramifications. There is danger of water con-
tamination from runoff from the shale piles, and important wild-
life habitats will be covered. The rugged, mountainous terrain
will be reduced to sterile, man-made plains of mining wastes.
Revegetation is highly questionable in this semi-arid region.
Yet, the oil companies tend to discount values associated with
this relatively unspoiled land. Their attitude is summed up
in a comment by an oil company representative, who said in the
Denver oil shale hearings that oil shale development will "maxi-
mize use of low-value lands."
g. Shale processing will require a great deal of water,
a resource that is in short supply in the Rocky Mountains. A
single commercial oil shale operation would consume at least 3
million gallons of water daily. None of this water would be
2
returned to natural streambeds.
2
Bruce H. Hamilton, Oil Shale Development: A Colorado Perspective;
CECO Oil Shale Study Group, Colorado State University, March 1972),
p. 9.
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h. The Bureau of Reclamation is already moving to
provide the water that the oil shale developers will need if they
are allowed to proceed. A Reclamation proposal called the Yellow
Jacket Project would involve three reservoirs in the White and
Yampa river basins. Objections have been raised to this pro-
ject because it would destroy a valuable deer and elk habitat
by inundation and promotion of irrigation. An elk calving area
would be inundated. About 1,000 man-days of deer hunting would
be lost because of irrigation. The draft environmental state-
ment on the Yellow Jacket Project is written and is now under
review by the Region VIII EPA and other parties. It is of great
significance because the project is inextricably tied to oil
shale development.
i. Also of significance is the fact that the Bureau
of Reclamation depends heavily on BLM mineral development for
its funds. 52.5 percent of the BLM's receipts for mineral leas-'
ing and land sales is put directly into a Reclamation Trust
Fund, which is used heavily by the Bureau of Reclamation.
j. Oil shale development and all the land destruction
that comes with it, including the Yellow Jacket Project, is a
product of the "energy crisis" scare. If, in fact, an energy
crisis does exist, oil shale very likely may not be the answer.
If, by 1985, the shale fields are producing a million barrels of
oil per day Ca rather optimistic Department of Interior estimate) ,
this will meet only 4-5% of the total U. S. energy demand.
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4. The 1872 Mining Act
a. The 1872 Mining Act has contributed more to the cause
of public land abuse in the West than any single law passed
by Congress. It was enacted in the belief that mining was the
most important, if not the only reasonable use of public land.
Since no explicit recognition was given to other potential
uses, the law has enabled mining claims to override many other
3
claims for public land. The mining law has been the shadow
under which land for thousands of summer cabin sites and simi-
lar non-mining activities has been claimed. In 1908, a canny
speculator (later a U. S. Senator) saw the tourism potential of
Arizona's Grand Canyon, and sought to control access to it with
a series of mining claims. The move would have been entirely
legal, as the Canyon was part of the public domain. President
Theodore Roosevelt saved the canyon by declaring it a National
Monument, an authority given him only two years earlier.4
b. Under the 1872 Mining Act, the BLM (and the Forest Ser-
vice) has no control whatsoever over mining claims for gold,
silver, uranium, and other "hard" minerals on public land. In
fact, the mineral claimant registers with the county courthouse;
he need not notify the BLM. For the claim, he pays a maximum
of $5.00 per acre, regardless of the land's surface value. As
outlined in the Forest Service chapter, the mining interests are
Marion Clawson, The Bureau of Land Management (New York:
Praeger Publishers, Inc., l9?l) , p. 123.
4
Stewart L. Udall, The Quiet Crisis (New York: Holt, Rinehar
and Winston, Inc.,
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allowed to destroy the land surface and watercourses to any
extent necessary to extract the mineral, including removal of
vegetation and topsoil.
c. BLM managers are extremely unhappy with the 1872 Mining
Act. So long as it exists, miners can dictate land-use policy
to the Bureau of Land Management. Some of the major mining com-
panies are also displeased with the law. The 20—acre claim is
too small for a large company to work with, and there is uncer-
tainty of title until a definite discovery is made. The BLM has
written a bill for leasing of hard minerals, much like the Mineral
Leasing Act of 1920 for coal, gas, and oil. Passage of this bill
would allow the BLM to bring mining on public land under public
control, and would be of great value in helping the BLM to ful-
fill the intent and purpose of the Multiple-Use Act. The new
bill has encountered stiff opposition in Congress, notably in
the House Interior Committee.
5. Land-Use Planning Process
a. The thrust of the BLM's land-use planning process (which
is only a few years old) is to make information available to
the district manager, so he can make decisions based on all al-
ternatives. The planning process helps identify what the land
is like, what it can be used for, and the land-use conflicts
that are inherent under the multiple-use doctrine.
b. The public land is first divided into "Planning Units."
For each unit, a resource inventory is done. This base infor-
mation is then given to specialists in range management, forestry,
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mining, recreation, watershed, and wildlife. Each specialist
identifies the areas which are desirable or undesirable for
his particular resource-use, using acetate map overlays and
written description. This tunnel vision approach for each
resource-use is the crux of the BLM planning process. It is
difficult for resource planners to ignore their multiple-use
training and to think narrowly about one resource to the ex-
clusion of all others. Yet, this is exactly what must be done
in order to bring out all the alternatives and describe the
full potential for each resource. Each specialist formulates
a Program Activity Plan (such as Timber Management Plan,
Grazing Management Plan, Wildlife Habitat Management Plan).
\
c. The Program Activity Plans, including the acetate over-
lays, are then combined to identify resource-use conflicts.
The results of the planning process then go to the district
manager. It is up to him to bring his management policies in
line with this information and to resolve the land-use conflicts
uncovered in the planning process. The advantage of this systema-
tic planning is that each resource use is treated with equal im-
portance. It helps overcome the inherent biases of district
managers. A manager trained in forestry will tend to emphasize
timber production to the exclusion of other uses, and so will
managers trained in other fields emphasize one use or another.
Systematic planning is an attempt to alleviate this bias to an
extent.
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d. The BLM claims to have the best system oT any land
management agency. How extensive the planning machinery is
used depends on the district manager, however. Ultimately, he
is responsible for the land-use decisions that are made. He
is subject to political pressure, public interest groups, in-
dustry pressure, and his own moral interpretation of what "multiple
use" and "public good" really mean. The BLM planning process is
not an attempt to circumvent that kind of human judgment. It is
an attempt to eliminate some of the errors caused by misinforma-
tion, bias, or no information at all.
6. Outdoor Recreation
a. Recreational use of BLM land in Region VIII is of a
rather unusual nature. As stated earlier, most of the scenic
public land was removed by either the Park Service or the
Forest Service. The main attractions of BLM land include bodies
of water, abandoned mining towns, and geologic formations.
b. Camping pressure, a major problem for the Park Service
and the Forest Service, has not been a problem for the BLM. The
Bureau of Land Management has constructed very few camping facili-
ties, and has not been under particularly heavy pressure to con-
struct more. About half the visits to BLM land are for sight-
seeing. Even if these visits are omitted, the average visit is
for only half a day. Recreational use of this sort is hard to
measure and hard to control.
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c. A major trend in recreational use of BLM land is an
increase in snowmobile and all-terrain vehicle traffic. Many
attractions which were once protected from human destruction by-
virtue of their remoteness have been opened up by these vehicles.
A good example is the ghost town of Garnett, Montana. Until re-
cently, Garnett was only occasionally visited and it remained in
its original condition. With the advent of the snowmobile, Garnett
was made much more accessable. Vandalism is common in the old
ghost town now, and BLM officials are hard pressed to put a stop
to it. Places like Garnett are fast becoming the rule rather
than the exception. It is clear that the BLM must take a harder
look at what constitutes acceptable recreational use, and what
does not.
d. Another common recreational use of BLM land is amateur
rockhounding. This includes panning for gold, looking for uran-
ium, fossil hunting, and other pursuits. Recreation specialists
in the BLM would like to set areas aside specifically Tor this
purpose. However, under the 1872 Mining Act all public land is
subject to commercial development. Once again, the 1872 Mining
Act stands in the way of true multiple-use.
e. The Bureau of Land Management has only recently involved
itself in outdoor recreation planning. It has traditionally been
more concerned with keeping the public lands clean (Johnny Horizon
anti-litter campaign). With the new BLM planning process, at
least the machinery is there to encourage land managers to con-
sider recreation as a legitimate use of land.
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7. Forestry
a. Only 1.4 percent of the BLM land in Region VIII is com-
mercial timber. Even this commercial timber is not normally
large enough to be valuable as sawtimber. This is in contrast
to the extensive tracts of valuable sawtimber held by the BLM
in Oregon and Washington. BLM timber plays a minor role in
Region VIII, where the timber industry is geared to large
Forest Service timber sales. It is discussed here only because
of the rather innovative system that the BLM is using to inven-
tory and assess its timber in the Region.
b. A forest inventory is now underway. It will be com-
pleted in about five years. As the figures come in, they are
entered into a computer. The data includes information on
climate, soils, tree species, and other factors of tree growth.
A forest growth simulation model is constructed in the computer
in an attempt to determine the allowable cut that will provide
sustained yield on a given stand. Once a growth simulation
model is constructed, the data from the forest inventories can
be processed to give the allowable cuts in any given area.
This will insure that BLM forest land meet the "sustained-yield"
requirement set down by law.
c. The multiple-use concept is so nebulous that it will
be much harder to computerize. Attempts will be made to incor-
porate multiple-use considerations into the forest simulation
model, but the results are open to question.
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CHAPTER II. FOREST SERVICE IN REGICN VIII
1. General - Background
a. The Forest Service is responsible for nearly 50 million
acres of land in Region VIII, in every state but North Dakota.
Most of this land is above 8,000 feet elevation in the Rocky
Mountains. A small parcel of land is also found in the Black
Hills of South Dakota.
b. The U. S. Forest Service in Region VIII is responsible
for managing a diversity of forest vegetation types and terrains
unique to the nation. Generally, four major forest vegetation
communities are found in these National Forests. Each community
has its own capabilities and limitation, and must be managed in
a different way.
CI) The ponderosa pine community begins at about 8,000
feet elevation. This forest has a park-like appearance, with
widely-spaced trees and an understory of grasses and forbs. The
ponderosa pine community is the most adaptive to diverse land-uses
of all the mountain forests.
(2) At about 9,000 feet, the vegetation gradually changes
to the lodgepole pine community. In their natural condition,
these trees seldom reach sawlog size, but grow in dense stands
of tall, slender trees, often referred to as "doghair stands."
Undergrowth is practically non-existent in a mature stand. Most
of the timber cutting in Region VIII takes place in the lodgepole
pine community.
(3) At about 9,500 feet, the vegetation blends into
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another community, the spTuce-fir. This forest consists largely
of Engelmann spruce and subalpine fir. The spruce-fir forest
has some importance in logging, but is more important for holding
the winter's snowfall in storage through the summer.
(4) At about 11,000 feet, the climate becomes so cold
that trees cease to grow. Most of the alpine tundra community
in Region VIII is managed by the Forest Service. This community,
dominated by tiny, close-growing plants, is more fragile and
easily destroyed than any plant community in the Region. It
supports a variety of wildlife, and has been used (and misused)-
in the past for sheep grazing.
c. National Forests are, by law, to be managed under
multiple-use. Multiple-use is defined as: "management of all
renewable surface resources of the forests so that they are used
in the combination that will best meet the needs of the American
people." Dominant use is another land management concept ad-
vocated by the Land Law Review Commission. Multiple-use and i
dominant use are only concepts, however. The most important
point is the way these concepts are carried into practice by
the Forest Service in their management decisions and planning
processes. These will be covered in more detail later in this
land-use report.
d. The National Forest system in Region VIII is discussed
here in sections dealing with the major uses to which the land
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is put; namely, timber production, range for livestock, wildlife
habitat, watershed, recreation, and mining. Finally, the multiple-
use planning process and environmental impact statements will be
reviewed in the context of land-use impact.
2. Timber
a. Logging in Region VIII is economically marginal. Due
to lack of rainfall and a short growing season in the higher alti-
tudes, timber simply does not grow fast enough to support a pri-
vate forestry operation. A minimum wood growth of 50 cubic feet
per acre per year is generally accepted as bare minimum for an eco-
nomically productive forest. Average growth in this region ranges
from 25 cu. ft./acre/year in Colorado to 35 cu. ft./acre/year in
Montana. This compares to .150-200 cu. ft. in the commercial
forests of the South. Thus, timber harvest is taking place on
Forest Service land in a region where forest management is not
a profitable private enterprise.
b. The costs of maintaining a forest to maturity arc high.
They include fire protection, insect and disease control, timber
stand improvement, administration, and the hidden cost of tying
the land up in timber production for 100 or so years. All these
costs are borne for the timber interests by the Forest Service.
When the Forest Service is ready to make a timber sale, the sel-
ling price is not based on the costs incurred in maintaining
the timber. Instead, the Forest Service sets the selling price
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at a level where the timber interests can make a reason-
able profit (8-20% of the working and fixed capital in-
vestment) .
c. A stand of timber is not permanent by any means.
When a stand reaches maturity (100-150 years in Region VIII),
it becomes highly susceptible to natural enemies, including
fire, disease and insects, and blowdown from wind. Nature
destroys the mature stand by one means or another, and the
cycle begins again. In the National Forests, where the re-
sources are managed to provide for the needs of the American
pepple, this natural harvest represents an annual loss of
wood that could be used. In this context, the market for
wood here is grossly inadequate to provide enough timber
harvest to maintain vigorous growth of young stands and
prevent loss of overmature timber.
d. Still, contrary to traditional forest management
precepts, what is good management for timber is not neces-
sarily good management for wildlife, watershed, or other
values. Loss of the natural fire regime means loss of cer-
tain fire-adapted species like aspen. Absence of dead
snags results in loss of certain wildlife species that make
use of them. Clearly, utilization of all available forest
land is not a desirable end.
e. Much more Forest Service land is being logged than
is actually necessary to supply present and future wood
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product needs. There are two reasons for this: wood waste
and lack of intensive timber management. Both stem from
economic considerations. Wood in Region VIII is a low-valued
product, thus only the best is removed and transported, and
very little is expended to replace or improve timber stands.
With intensive management, wood growth in the Region (25-35
cu.ft./acre/year) could be more than doubled. Thus, the
acreage harvested could be cut in half. These "intensive"
practices include thinning, pruning, partial cutting, and
other things which have been common practice in Europe for
centuries. The success of the Tree Farm movement in America
shows that intensive timber management can be successful in
this country also. It is still, however, cheaper to log ex-
tensive tracts of Forest Service wildland than it is to
"farm" small tracts for wood production.
f. The clearcutting controversy got its start in Region
VIII, namely in the Bitterroot National Forest in Montana.
The excessively large clearcuts made in the lodgepole pine
sometimes involved entire sides of mountains. Here was a
case of flagrant disregard for multiple-use. The dominant
use was logging, and the,land was good for nothing else
when the loggers left. As a result, clearcutting has re-
ceived much bad publicity. Actually, clearcutting is the
only way to get successful regeneration of lodgepole pine.
The young seedlings require direct sunlight to survive. In
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a natural setting, lodgepole pine only reproduces after a
natural disaster levels all the trees in an area. Clear-
cutting in itself is not the villain. It is the large,
carelessly executed clearcut that gives objectionable re-
sults. It is important that poorly engineered logging roads,
failure to insure regeneration, and destruction of water-
courses not be accepted as a part of logging. These things
can and should be avoided.
g. The Forest Service in this region has now set 40
acres as a maximum clearcut size. This is large enough to
insure regeneration and forage for wildlife, but small enough
to provide protection for the watershed and a minimum of
aesthetic degradation. The USFS also requires these cutting
blocks to be cut in irregular patterns. This is an attempt
to imitate the effect of natural openings in the forest.
h. These clearcutting size and shape regulations have
not solved one problem in Region VIII, however. While
clearcutting is the only valid method of harvesting lodge-
pole pine, it is not at all suited to harvesting Engelmann
spruce. Spruce seedlings require shade to grow. The sunny
openings of clearcutting makes spruce regeneration nearly
impossible. In the spruce-fir forest, either the selection
or shelterwood method should be used. These methods are
more expensive, thus the clearcutting in the spruce con-
tinues, despite regional directives to end it. It has caused
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some controversy among professional foresters, but has not re-
ceived the publicity given the Bitterroot practices.
3. Forage
a. National Forest land provides some range for livestock,
but the bulk of grazing land in Region VIII is administered by
the Bureau of Land Management. Range for cattle in the National
Forests is found mostly in the ponderosa pine community. If not
abused, this plant community provides excellent range, and is
not damaged by this type of use.
b. Sheep grazing is not quite so well adapted. Sheep have
traditionally been grazed on the alpine tundra. As stated be-
fore, this is an extremely fragile environment. Century-old
wagon trails can still be distinguished in the slow-growing
vegetation. Conflicting studies have been conducted, but there
is reason to believe that domestic sheep grazing in the tundra
compete successfully with wild bighorn sheep for food. Also,
if the sheep are not moved around frequently, the hoofs damage
the soil structure and cause erosion. The Forest Service has
neither the personnel nor the time to make sure the shepherds
leasing the land keep their herds moving from place to place.
It is generally felt that despite regulations, the shepherds do
not move their herds often enough. Fortunately for the tundra,
the sheep industry is declining rapidly, and is expected to be-
come almost nonexistent in Region VIII. The USFS regional of-
fice in Denver reports a substantial drop in the number of sheep
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grazing permits being sought and issued. The sheep industry is
dying because of an increase in synthetic fibers.
4. Wildlife
a. National Forests provide wildlife habitat for a wide
variety of animals, due to the many different vegetative and cli-
matic conditions. Other land uses are not always compatible
with wildlife habitat. Some animals, like eagle and beaver,
are very sensitive to people pressure. They are easily driven
out of their homes by man's activities in the area. Other
species, like the bighorn sheep, find it hard to compete suc-
cessfully with livestock for forage. On the other hand, deer
and elk benefit from increased forage production in clearcuts.
It is necessary that these conflicts be foreseen and planned
for. Until recently, little attention has been paid to the ef-
fects of land-use on wildlife habitat.
5. Watershed
a. By the very nature of Forest Service holdings, USFS
controls the most important watershed resources in Region VIII,
the spruce-fir forests. By far, most of the water flowing out
of Region VIII originates as snow in the higher altitudes. The
spruce-fir forest is able to store the snow over long periods of
time in summer. The snow melts slowly and provides year-round
streamflow. The spruce-fir community is largely undeveloped
and is not likely to be developed soon, because of the cold cli-
mate at that altitude and inaccessability during most of the
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year. As mentioned before, there is some timber cutting in
the spruce-fir. Clearcutting there should not be allowed to
continue, as this changes the composition of the forest due to
lack of regeneration. If the character of this land is changed
drastically, spring flooding will be a major result. Because
of its remote nature, a large percentage of the wilderness and
primitive areas being set aside are of this forest type.
6. Recreation
a. Of all the land in the country, the National Forests and
National Parks in Region VIII will experience the greatest
growth in recreational use in the future. The Sierra Nevadas
of California have already experienced this kind of growth.
The reasons for this recreation boom are many and varied, but
a few major ones will be discussed here. Region VIII has four
nationally known National Parks: Yellowstone, Rocky Mountain,
Grand Teton, and Glacier. Each of these is surrounded by Nation-
al Forest land. Literally millions of people visit these four
Parks annually. If nothing more than traffic through the Nation-
al Forests was involved, it would be significant. Aside from
that, the National Parks are being filled to capacity, and
many visitors are turned away during the summer for lack of
facilities. These people naturally seek alternative recreation
facilities in the surrounding National Forests.
b. Another factor in the growing recreation demand is in-
creasing urbanization. Salt Lake City and Denver already con-
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tribute to this. Phenomenal population growth is occurring
along the front range of Colorado and the Wasatch range of Utah.
National Forests in both states are feeling the impact of such
growth on existing facilities.
c. It is in the realm of outdoor recreation that the mul-
tiple-use concept becomes most clouded. The problem is that recre-
ation is incompatible with many other uses., t)n one hand, recre-
ationists will not tolerate logging ap^'grazing the recreation
areas. On the other hand, wilcp^-'ie will not tolerate the recrea-
tion seekers; thus, they ^nd another home. In most recreation
areas, recreation the dominant use; or, in extreme cases, the
exclusive As long as the public continues to demand highly
^-ci'o'ped recreation areas, the Forest Service is under great
pressure to provide them. It is necessary that the Forest Service
locate these areas in places with minimum environmental impact.
d. The effects of increased recreational vehicle use, ur-
banization, increased leisure time, and better highways (i.e.,
Interstate 70 tunnel through the Continental Divide) on National
Forest land in Region VIII will be the major problem of environ-
mental degradation to be faced by the USFS in the future. People
who insist on bringing the comforts of the city to the wilderness
inevitably bring the problems of the city also.
e. Most of the major ski areas in Region VIII are located
on Forest Service land. By their nature, these ski areas en-
counter problems with soil erosion.and changes in snowmelt pat-
terns due to compaction. Ski area development is progressing
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at a faster rate than ever before, especially in areas near
Denver and Salt Lake City. Since this development is occur-
ring on land leased from the Forest Service, the USFS is in
a position to exercize considerable control in determining
location, construction, and maintenance of ski areas in order
to minimize environmental damage.
7. Minerals
a. Both National Forest and BIM lands are subject to al-
most uncontrolled mineral exploitation under the Federal Mining
Act of 1872. Fortunately, coal, gas, and oil are not covered
by this law. Extraction of these minerals is allowed by permit
only. It is the "hard" minerals - gold, silver and uranium -
that are covered by the 1872 Mining Act. All USFS land, in-
cluding wilderness and primitive areas, is open to mining by
anyone who files a claim. The mining operations are not sub-
ject to Forest Service control. Fortunately, mining activities
will eventually be restricted somewhat in wilderness areas.
Beginning December 31, 1983 no new mining claims will be issued
in wilderness areas. Those who are already operating in these
areas will be allowed to continue, however. Mining is the one
big loophole in the USFS management system. In effect, miners
can dictate management policy in certain areas. There is a
need for a major revision in the 1872 Mining Act, to allow the
Forest Service and the BLM to manage the public land for the
public good without uncontrolled interference from mining in-
terests.
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8. Wilderness
a. The Wilderness Preservation Act has had a profound ef-
fect on Forest Service land in Region VIII, because there is
so much unspoiled land. In Montana alone, about 1.5 million
acres of USFS land have been included in the National Wilder-
ness Preservation System by Congress. An additional 420,000
acres are under immediate consideration for inclusion.
b. The Sierra Club presently has an injunction against
the Forest Service to halt all development in "roadless areas."
These are undeveloped tracts of 5,000 acres or more that are
eligible for designation as wilderness. Until the injunction
is lifted, these roadless areas are essentially de facto wild-
erness areas, and must be treated as such by the Forest Service.
9. Multiple-Use Planning Process
a. Unlike the Bureau of Land Management, the Forest Service
has no uniform national planning process. Each Forest Supervisor
uses the resources most available to him. Most Forests have a
Multiple-Use Coordinator, whose job it is to formulate and carry
out a land-use planning process. This is a fairly recent de-
velopment, however. Most Forests are just getting underway
with their collection of data. Two different Forests will be
described here to give some idea of the variability between
Forests and to illustrate some of the things that are taken in-
to account.
1. Arapaho National Forest
a. Arapaho National Forest is located west of
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DenveT on the eastern slope of the Rockies. The planning pro-
cess there is based on assigning numerical values to correspond
to the suitability of a given plot for a given use. For example,
each plot might be evaluated for sightseeing-type recreation
in this way:
Unusual, unique, or historical feature 15
Aesthetic diversified landscape 12
Aesthetic non-diveTsified landscape 9
Non-degraded landscape 6
Degraded or unpleasant viewing experience 3
When each resource use is evaluated on the zero to 15 point
scale, they can be readily compared. Each resource use has ap-
proximately the same importance. A particular plot might give
these results:
Recreation 10
Timber Production 4
Forage 2
Wildlife 8
Such a plot would probably be managed for recreation, with modi-
fications to make it compatible with wildlife. Forage would be
disregarded, as would timber, with the possible exception of
selective cutting in the campsites to maintain healthy tree
growth. The example given here is a simple one., An actual
multiple-use plan would break each resource use (timber, recre-
ation, etc.) into more specific uses.
b. Arapaho National Forest has the planning machin-
ery, but how much it is being used is open to question. A more
aggressive planning program is found in the Roosevelt N.itional
Forest.
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2. Roosevelt National Forest
a. The Roosevelt National Forest lies west of Fort
Collins, Colorado on the eastern slope of the Rockies. The
Roosevelt planning system is based mostly on overlay maps. The
Forest is broken into planning units, each of which is analyzed
separately as the planning process progresses. Data from the
first planning unit is now being collected. A computer is being
utilized for topographic data and roadside visibility analysis.
b. It is expected that five to ten years will be
required to complete planning for the entire Roosevelt Forest.
The important point is that the entire Forest will be planned
and it will be done within a reasonable amount of time.
b. Congress has a great deal to say about what uses the
land may be put to. Appropriations to the Forest Service are
made for each land management function separately. Thus, tim-
ber production receives so much, wildlife so much, and recrea-
tion so much. In Region VIII, it is commonly felt that too
little money is appropriated for recreation facilities, as
opposed to timber production. But, after all, timber produc-
tion brings a return to the general treasury; recreation facil-
ities do not.
c. Also of importance in the fact that Congress does not
appropriate any funds for multiple-use planning as described
above. The money for this must be taken from existing resource
management funds. A reordering of Congressional priorities
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must take place if the Forest Service is to plan comprehensively
and if it is to carry out the Multiple-Use Act the way it was
intended to be carried out.
10. Environmental Impact Statements
a. The Forest Service makes hundreds of decisions each day
that have a direct impact on the environment. Obviously, an
impact statement cannot be written for each one.
b. The district ranger is usually responsible for writing
impact statements. He has regional and national guidelines
for determining when one is to be written. Some projects are
clearly applicable, and some clearly are not. The projects
which are most difficult to assess are those with minor primary
effects, but possible major secondary effects.
c. Such a project is a proposed reservoir in the Boulder
district of Roosevelt National Forest. The reservoir itself
would have rather minor effects on the environment. But the
increased water supply to the city of Boulder, Colorado is a
significant secondary effect. Boulder is already experiencing
phenomenal population growth, as is the entire front range of
Colorado. Attempts are being made by county officials to dis-
courage this growth or, at least, to control it. Yet, the
district ranger is unsure whether an impact statement on the
reservoir will be written or not.
d. Even though an impact statement might not be written
for a particular project, the Forest Service writes what is
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called an "environmental analysis" of projects or actions of
some significance. The Forest Service started writing these
about two years ago. Environmental analyses are usually not
as extensive as an impact statement, and they are not circu-
lated for comments from other agencies. They are, however,
public information, and can be reviewed by anyone who is inter-
ested. Things are sometimes uncovered in an environmental
analysis that will indicate to the Forest Service a need for
an impact statement.
e. The Region VIII EPA office has received on impact
statement from the Bitterroot National Forest and several from
Black Hills National Forest on their multiple-use planning units.
Planning units are much more comprehensive and easy to evaluate
than 3-year road construction plans and 5-year timber management
plans for an entire Forest. If these planning units were finished,
there would be no need for impact statements on road construction
and timber management plans. The Region I USFS in Montana has
the most aggressive planning program in the Rocky Mountains.
Region IV in Utah is somewhat less progressive, and Region II
in Colorado and Wyoming seems to be far behind. For the EPA to
evaluate environmental impact successfully., multiple-use plans
must be comprehensive. This cannot be done on a Forest level.
Planning units seem to be the answer.
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CHAPTER III. PARK SERVICE IN REGION VIII
1. General
a. The Park Service is responsible for some 5 million
acres of land in Region VIII. This is about one-tenth as much
as that managed by the Forest Service. Park Service land is
divided into three different management types: natural areas,
recreation areas, and historical areas. More than half of the
Park Service land in Region VIII is in the natural areas, in-
cluding major National Parks like Yellowstone, Rocky Mountain,
Grand Teton, Bryce Canyon, and Glacier. National Historical
Areas like the Mesa Verde Indian dwellings in Colorado make
up about 4% of the total. Recreation areas comprise the re-
maining 25% of Park Service land in Region VIII.
b. The management of the National Parks and the histori-
cal areas are very similar. The objectives are to preserve
the area for the enjoyment of the American people. Unfortun-
ately, preservation and recreation often conflict and are mutu-
ally exclusive. The conflict becomes especially critical in a
park like Yellowstone, which must accomodate over a million
visitors a year.
c. National Recreation Areas are newcomers to the National
Park System. Most of the existing National Recreation Areas
are federal holdings surrounding large water impoundments.
These are more highly developed than National Parks, and are
concerned mostly with providing water-based recreation. These
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areas serve to take some people-pressure off the nearby National
Parks. There is some question as to whether the Park Service
should administer National Recreation Areas and Historical Areas.
In trying to "be all things to all men," some feel that the Park
Service is forgetting its original purpose: preservation of
natural ecosystems. Looking at the extensive recreational de-
velopment in some of the National Parks, this argument seems
more than valid.
2. Automobile use in National Parks
a. Since 1915, when the early motorists in Yellowstone were
no longer required to chain their cars to logs and turn over
the keys to the park superintendent, visitor activities in the
parks have been geared to the automobile. In fact, a great
many visitors today never leave their cars. Traffic congestion
has become a major problem in Yellowstone and Rocky Mountain
National Parks. Mass transportation has been proposed; but, so
far, park superintendents have been reluctant to ask people to
leave their cars behind. Yellowstone has bus tours, but they
are strictly voluntary. Cars are still allowed to travel any
and all park roads. Rocky Mountain National Park will soon in-
stitute bus tours also.
b. Actually, the Park Service is encouraging the use of
automobiles. For example, at Yellowstone and Grand Teton Parks,
the Park Service has a network of low-powered radio transmitters
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which beam a running commentary into the visitors' cars through
their AM radio. This is plainly an open invitation to see the
Park from a car.
c. Yellowstone has 300 miles of roads, with a new section
dedicated this summer. Although not as aggressive as that of
the Forest Service, the road building program of the Park Ser-
vice is an ongoing process. Yellowstone even has a rent-a-car
business within the Park boundaries. The Park Service has un-
questionably accepted the automobile as the only viable means
of park transportation. Several participants at the Second
World Conference on National Parks, held this summer at Yellow-
stone, contend that people can and must leave their cars out-
side the Park if the National Parks are to retain any semblance
of unspoiled wilderness. The Conservation Foundation proposes
a total ban on cars in the National Parks.
d. The affluent society has brought down upon the National
Parks a rash of trailers, campers, televisions, air conditioners,
and other devices to make the "wilderness experience" more com-
fortable. To provide for these homes on wheels, the Park Ser-
vice is installing hookups for water and electricity and is ex-
tensively landscaping the campsites. Thus, in and around the
developed campsites, preservation of the natural environment
is forfeited. The crowding and congestion in these campsites
is a far cry from the wilderness experience that most visitors
seek. In Yellowstone, the major campgrounds are usually filled
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to capacity by noon. To top off this kind of wilderness degra-
dation, the Park Service allows motorboats on Yellowstone and
Lewis Lakes in Yellowstone Park, and on Phelps, Jenny, and
Jackson Lakes in Grand Teton National Park.
3. Recreational Use vs. Wilderness Preservation
a. Clearly, there is a conflict between recreational use
and wilderness preservation. This conflict was the major topic
of discussion at the Second World Conference on National Parks.
The conference was attended by more than 1,000 participants
from 102 nations, and received extensive press coverage in
Region VIII.
b. Many of the delegates, especially those from developing
African countries, expressed concern that- the true purpose of
parks is being lost worldwide by those who oversell tourism
benefits. It appears that the United States is a leader in
this respect. There was general agreement at the conference
that National Parks must be nature preserves, and that recre-
ational opportunities should be provided by the states or pri-
vate concerns.
c. At the same time, George Hartzog, U.S. Park Service
Director, said in an interview that construction of such facili-
ties as "motor nature trails" for autos is still a valid park
use. One might question just how much "nature" is seen from a
speeding automobile. Nathaniel Reed, Assistant Secretary of
Interior for Fish, Wildlife and Parks said he feared that a
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de-emphasis of recreation would threaten the "constituency" that
has developed in the United States for parks. This seems to be
getting closer to the question at hand. Evidently, the Park
Service has adopted a policy that assumes that Americans, in or-
der to fully enjoy and preserve the remaining wilderness areas,
are unwilling to leave their cars, campers, motorboats, restau-
rants and all the rest behind when they enter a National Park.
d. Private concessions in the Parks were also criticized
this summer at the Second World Conference on National Parks.
Yellowstone and Grand Teton are undoubtedly the most commercial-
ized Parks in Region VIII. Accomodations in these two Parks
include hotels, cabins, restaurants, gas stations, grocery stores,
photo shops, rent-a-cars, and a trailer village.
e. Backpacking has become so popular in Region VIII that
several Parks have had to start using a Backcountry Permit
System to prevent overcrowing on the trails and in the primi-
tive campsites. Rocky Mountain National Park was the first to
use this system, and Glacier followed soon after. Starting
next summer, all Parks in Region VIII will use the permit system.
The backcountry also presents a problem with sanitation. This
year Rocky Mountain Park is installing toilets in the backcoun-
try which can be lifted out by helicopter and replaced when
they become full. Granted, the helicopters do not enhance the
"wilderness experience," but neither does pollution of mountain
streams by human wastes.
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4. FoTest Fire Control
a. A serious deviation from the preservation of natural
conditions is occurring in Region VIII. It is caused by the
seemingly innocuous forest fire control program. It has been
shown that certain fire-adapted species (i.e., aspen) of flora
and fauna are disappearing from Grand Teton National Park.
This is because all fires, both natural and man-caused, are be-
ing extinguished immediately. This has been the procedure in
National Parks for over 40 years. Only now are the results
beginning to become evident. In nature, forest fires kept cer-
tain areas at a sub-climax vegetation type, and the wildlife
species there were adapted to the vegetation. In the absence
of fire, the vegetation is changing and so is the wildlife. In
addition, the absence of fire is causing an unnatural buildup
of flammable material on the forest floor. Thus, when a fire
does get started, it burns hotter and faster, and is more like-
ly to get out of control than the natural fires did.
b. King's Canyon National Park in California recognized
this undesirable situation, and has adopted a "let burn" poli-
cy to restore the Park to a natural situation. Man-caused fires
are still extinguished, but lightning-caused fires are allowed
to burn, so long as they do not endanger human lives, permanent
Park facilities, or land outside the Park. In Region VIII,
officials at Grand Teton are attempting to initiate the "let
burn" policy. They are in the process of writing an environmen-
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tal impact statement on the adoption of such a policy for the
Park.
5. Environmental Problems: Flouride
a. An outstanding case of infringement on a National Park
by forces beyond the control of the Park Service is taking
place at Glacier National Park. The source of the problem is
an Anaconda aluminum processing plant in Columbia Falls, Montana.
Airborne flouride from the plant is causing excessive flouride
concentrations in flora and fauna, and visible damage to several
tree species in Glacier National Park and Flathead National
Forest is present. Studies have been conducted by the EPA, the
Forest Service, and the University of Montana. All three stud-
ies agree that Anaconda's flouride pollution is causing both im-
mediate and long-range damage to the wilderness environment in
Glacier National Park, six miles from the aluminum plant.
b. Since the Anaconda plant opened in 1955, it has steadi-
ly increased its flouride emissions to a peak of 7,600 pounds
per day in 1970. By installing scrubbers and limiting produc-
tion, Anaconda brought flouride emission down to 2,500 pounds
per day in the summer of 1971.^ This reduction has not been
accompanied by a similar reduction in flouride concentration
5Clinton E. Carlson and Jerald E. Dewey, Environmental
Pollution in Flathead National Forest and Glacier National
Park C-U* S. Forest Service, October 1371); p.
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in the flora of the Park, however. It is believed that a
threshold for flouride absorption by plants exists, and that the
emission reductions have failed to bring the flouride level be-
low that threshold. The Forest Service study indicates that
even if the aluminum plant reduced flouride emissions to the
State of Montana standard of 864 pounds per day, flourides would
continue to be accumulated by vegetation in Glacier Park. In
the fall of 1970, chemical analysis of vegetation in the Park
disclosed that vegetation on 73 percent of the total 173 square
miles in the Park had accumulated excessive concentrations of
6
flouride.
c. Unlike more common air pollutants, flouride is absorbed
and accumulated by plant tissues. It is translocated from
leaves or needles to other parts of the plant. This includes
translocation to the reproductive structures. Conifer pollen
samples taken from the southwest portion of the Park showed
twice the average normal flouride concentrations. Studies are
underway to determine the effect this is having on regeneration.
Loss of reproduction could have a slow but detrimental effect
on the Park's wildland forests.
d. When exposed plants are eaten by wildlife, the flouride
is passed on and accumulates in the bone tissues. The average
flouride concentration in the bones of snowshoe hares found in
^C.C. Gordon, et. al«. 1970 Glacier National Park Study
(University of Montana, 1972) ; p. IV.
^Ibid. p. 25.
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the Park was over eight times the normal. Flouride is concen-
trated progressively in the food chain. On the west face of
Teakettle Mountain (in Flathead National Forest), analysis of
1968 lodgepole pine needles revealed an average flouride con-
centration of 305 ppm., approximately nine times the average
8
found in control areas. Bone samples of deer and ground
squirrel collected in the area show visible osteoflourosis,
or bone deformation.
e. The Anaconda plant emits both particulate and gaseous
flouride. The University of Montana study concluded that ex-
cessive flouride accumulation in foliage of Glacier Park comes
from the gaseous flouride, which will not be reduced in the
future by installation of pollution abatement equipment de-
signed to remove particulates.
f. Because of the cumulative nature of the flouride in
the ecosystem, the Forest Service study suggested that the only
ways to stop the environmental damage to the Park are (1) in-
stallation of pollution abatement equipment to limit flouride
emission to 0.0 pounds per day, which may well be impossible,
or (2) closure of the plant.
g. Neither the Park Service nor the Forest Service is
ready to take action. In fact, the Forest Service study sug-
gested that the Montana legal limit of 864 pounds per day be
8
Ibid, p. 15.
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supported, that grazing and farming in the area be restricted,
and that the damage to the Park and the National Forest be
monitored. This is rather a weak and perplexing position to
take, in view of the visible and potential damage that is taking
place in an area which was set aside for perpetual preservation.
h. The EPA has an interim report which outlines the find-
ings of the Forest Service and University of Montana studies,
and includes the results of a study carried out by the National
Air Pollution Control Administration (NAPCA). The NAPCA report
provides a bulk of information about meteorological and air
quality data. In contrast to the Forest Service and the Univer-
sity of Montana, the EPA interim report includes no recommenda-
tions whatsoever. Hopefully, the final report, to be issued
soon, will include concrete recommendations to the national EPA.
Though EPA has legal power to set flouride standards, it has
not done so. Any standard for flouride must come from the
Washington Headquarters. Very few people in the Region VIII
EPA Headquarters are aware of the Glacier Park situation or
are concerned about flouride pollution. If the regional of-
fice isn't concerned, the national headquarters can hardly be
expected to take an interest in the problem. The EPA, which is
so often criticized for interfering with the work of other Fed-
eral agencies, has an opportunity and an obligation to assist
the Park Service in protecting its wildlands from outside sources
of degradation. If Glacier National Park is of "national signifi-
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cance," as Park Service guidelines state, the destruction of
its vegetation by flourides and the elimination of wildlife
should be of national concern.
Recommendations
The Region VIII EPA should:
1. Explore the extent and the implications of flouride
pollution, and formulate guidelines for national promul-
gation under Section 112 of the Clean Air Act.
2. Influence other Regions to submit statements on the
extent of the flouride problem in their regions and make
recommendations for consideration by the national EPA
Headquarters.
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CHAPTER IV. SOIL CONSERVATION SERVICE IN REGION VIII
1. General
a. The Soil Conservation Service has always played an im-
portant part in encouraging the wise use of land, especially
through the voluntary soil conservation districts. The SCS
has no power to enforce regulations. Land-use improvements
are brought about by cooperation, education, and technical assis-
tance to landowners.
b. SCS soil maps and interpretations provide valuable
tools for land-use planning. Much of the rural land in Region
VIII has yet to be surveyed by the Soil Conservation Service.
Many soil surveys are in the process of being completed, but
the demand for them far outstrips the financial and manpower
resources given the SCS to do this work. The importance of
this information in illustrated by the fact that many counties
and municipalities are willing to share the costs of soil sur-
veys in order to get them done more quickly.
c. Two fairly new SCS programs will be discussed in detail
because of their importance in Region VIII, and because they in-
volve a comprehensive planning approach to land-use problems.
These two programs aTe called Resource Conservation and Develop-
ment Projects and the Great Plains Program.
2. Resource Conservation and Development Projects
a. Resource Conservation and Development (RC§D) is far more
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th an an SCS program. Tt involves many agencies: SCS, Agricul-
tural Stabilization and Conservation Service, State Departments
of Agriculture, county governments, local conservation districts,
and any other agencies that might be called upon to help (HEW,
HUD, etc.)- The unusual thing about RC§C projects is that they
are initiated by local people. The sponsoring body can be a
county, conservation district, town, civic club, church, chamber
of commerce, or a similar group. The local group petitions the
U. S. Department of Agriculture for designation as an RC6jD pro-
ject. One RC§D usually involves several counties.
b. Once an RCfiD project is approved, it is eligible for
federal money and assistance for planning. It is no coinci-
dence that land areas in RC§D projects are better inventoried,
better documented, and have more base planning information
than areas outside the projects.
c. Each project has somewhat different objectives, according
to the needs of the people in the area. There are some basic
goals common to all RC§D projects, however. Many of them have
to do with economic, social, and educational improvements. The
following objectives seem to stand out in the context of this
land-use report:
1. Provide soil and water information to other
planning agencies on such resource uses as farming,
ranching, recreation, wildlife habitat, housing, in-
dustry, and transportation.
-------
2. Accelerate soil surveys and interpretations
where they are needed to complement project plans.
3. Reduce pollution of air and water.
4. Speed-up conservation work on individual farms,
ranches, and other private holdings and on public land.
5. Make needed adjustments in land^use by con-
verting poorly suited cropland to more beneficial uses;
i.e., grass, trees, wildlife habitat, and recreation.
d. The Soil Conservation Service provides funds and techni
cal help for planning. The funds for carrying out the plans ar
found in local sources or in existing government programs (the
ASCS Rural Environmental Assistance Program). The SCS simply
tries to coordinate and facilitate these financial sources.
In short, the thrust of the Resource Conservation and Develop-
ment Program is not in any additional funds for specific pro-
jects. Its strength lies instead in promoting multi-county
planning and providing logistic assistance to carry out that
plan.
e. There are 15 RCfJD projects approved in Region VIII.
They encompass a total of approximately 90 million acres.
About a third of this is public land.
3. The Great Plains Program
a. The Great Plains Program of the Soil Conservation Ser-
vice is very similar to RC§D in its promotion of land planning.
The difference is that the Great Plains Program deals with in-
dividual landowners instead of multi-county districts. The
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landowner receives technical assistance in formulating a land-
suitability study of his property. The owner and the soil con-
servationist subsequently agree on a plan to better utilize the
land resource. Normally, the plan is carried out over a number
of years, to conform to the owner's financial capabilities. The
SCS conservationist helps arrange for financial and technical
assistance through other government programs to facilitate com-
pletion of the needed improvements and changes.
b. There are hundreds of government programs to help far-
mers and ranchers, from price supports to Set-Aside payments,
to cost-sharing for building a fence. Yet, these all seem
secondary to the more important task of proper land utilization.
This is the thrust of the new SCS programs. If landowners can
be provided with basic planning information and can be persuaded
to use it in a plan of action, both the landowner and the envir-
onment will benefit.
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DESIGNATED COUNTIES
GREAT PLAINS AREA
UNITED STATES DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
Approved Boundary for Public Law
1021 Work • (6-14-571
u toa id-* * * m <«. li "3
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CHAPTER V. AGRICULTURAL STABILIZATION AND
CONSERVATION SERVICE IN REGION VIII
1. General
The Agricultural Stabilization and Conservation Service is
faced with the task of bringing agricultural production in line
with demand (or vice-versa) and of trying to insure that farmers
have adequate income to continue farming. ASCS has its greatest
impact on Region VIII in the highly agriclutural states of North
and South Dakota. Two ASCS programs will be discussed in this
land-use study: The Rural Environmental Assistance Program and
the Set-aside Program.
2. The Rural Environmental Assistance Program
a. The Rural Environmental Assistance Program (REAP) is a
cost-sharing program for farmers and ranchers who do conservation
work on their lands. Top priority is given to the following practice:
Establishing permanent vegetative cover
Planting trees and shrubs
Establishing sod waterways
Permanent vegetative cover on problem areas
Water impoundment reservoirs
Timber stand improvement
Diversion terraces, ditches, or dikes
Erosion control dams, pits, or ponds
The first four practices nearly always result in better environmental
protection. The last four can also help the environment; but have
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the potential of doing more harm than good if carried out in a
sporadic fashion. This is the main weakness of the REAP program.
One need hot have a land-use plan to quality. When the REAP pro-
gram is used to fund projects planned for in the Resource Conserva-
tion and Development projects or in the Great Plains program of
SCS, it becomes an integral part of a well-planned program which
should include environmental protection. When REAP is used to
fund well-intentioned but uncoordinated projects labeled "conserva-
tion measures," the environment will sometimes suffer.
b. There is a need for comprehensive land-use planning for
all REAP cost-share grants. Either the ASCS should undertake such
a program, or REAP benefits should be contingent upon participation
in the Great Plains program or other planning program.
3. The Set-aside Program
a. The ASCS Set-aside program is the direct descendant of the
old Soil Bank program. The difference is rather striking, though,
especially in its effect on the environment.
b. Under the Soil Bank program, ASCS contracted with farmers
to remove land from production of wheat and feed grains for a ten-
year period. The land was planted to grass or alfalfa, and these
could not be harvested. Summer fallowing was allowed only as a
preparation for establishing permanent vegetation cover.
c. The practice of summer fallowing invdlves plowing the earth
and planting nothing so that water can be stored over a season with-
out loss from transpiration of plants. Thus, more water is available
for crops the following season.
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d. Under the new Set-aside program, ASCS still contracts with
farmers to remove cropland from production, but the contract is
for only one year. This change was made so that farm production
could be adjusted more quickly in response to market demands. Since -
the retirement contract is for one year, there is no requirement
that permanent vegetative cover be established. Most of the Set-
Aside acres are in permanent fallow, in anticipation of a year
when they will be called back into production.
e. The Wildlife Management Institute has pointed out that
the Set-Aside program shows little evidence of public-benefit-
ting conservation uses on the retired acreage. Surveys in Min-
nesota and North and South Dakota in 1971 indicated that the
majority of Set-Aside acres were without protective cover.
Losses were occurring from topsoil erosion. At least 75 percent
of the Set-Aside acreage was considered worthless for wildlife.
The Institute suggested minor changes in the program that would
require cover crops on retired lands and change the one-year
contract period to al least five years.® About 9.4 million
acres in Region VIII were in the Set-Aside program in 1971, and
an increase is expected for 1972.
f. The Dakotas have a severe soil loss problem as it is.
Over half the land in South Dakota is losing more than 5 tons/
acre/ year, the maximum acceptable soil loss. The Great Plains
of the Dakotas are marginal cropland to begin with. Keeping
^Charles E. Randall, "Set Aside Program," Journal of Forestry,
(September 1972), p. 571.
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them plowed up in fallow year-after-year encourages an already
undesirable situation. From a land-capability standpoint, much
of the dry cultivated land in Region VIII should either be con-
verted to permanent vegetation or brought under irrigation. The
Set-Aside Program, in its present form, discourages establish-
ment of permanent vegetation and prohibits cropping on the barren
soil.
g. The Set-Aside Program was authorized by Congress two
years ago. It will be considered for renewal next year. The
adverse environmental effects of the program should be a major
consideration in the renewal or revision of the program.
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PART III. REGION VIII STATES
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INTRODUCTION
Six states constitute Region VIII: Colorado, Montana,
Wyoming, Utah, South Dakota and North Dakota. Though these
states are experiencing many common problems, in most cases
their methods of dealing with their problems are unique.
In differing degrees, each state except North Dakota
must tolerate a peculiar federal-state relationship, because
of the vast amounts of federal land within their territorial
boundaries. Consequently, the six Region VIII states, with
the exception of North Dakota, often find themselves to be the
tail of the dog; that is, land-use problems are frequently
caused by federal land policies, and the solution of these
problems often is dependent on such federal policies.
Because of this situation, one general recommendation
can be made. The five states that have this unique relation-
ship to the Federal government should attempt to impact federal
decision-making to a greater degree and shape federal land
policies to the state environment and land policy requirements.
The six chapters that follow highlight state land-use
and environmental problems and define their causes.
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CHAPTER I. COLORADO
1. General
a. Colorado is facing environmental and social problems of
tremendous magnitude. Any hope of a Colorado of tomorrow re-
taining any of the qualities or values of the Colorado of today
is being crushed under the burden of ill-placed, unplanned popu-
lation growth, development, and subsequent environmental degradation.
b. However, state leaders have recognized this threat and
are attempting to shape the state's future otherwise. Growth is
being discouraged, and concerned citizens are resisting increased
or new development that does not properly protect or maintain en-
vironmental quality. State government is seeking a means to en-
sure orderly growth based on environmentally-sound principles;
and, recognizing the multitude of problems the state faces, or
that already exist, it has initiated an effort to establish a
land-use management plan for the state.
c. There are 66,718,000 acres of Colorado land - 3.5 percent
of the total land area in the United States. Approximately 27.7
million acres are in public ownership, unavoidably involving
Federal and State governmental agencies in land-use decisions
and land-use duties. Public and private land is being developed
for recreation, housing, and resource extraction at a rapid pace
and on a far-reaching scale.
2. Population
a. During the 1960s, Colorado's population increased by
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25:8 percent, from 1,753,947 to 2,207,259; an.annual increase of
2.3 percent, or a population doubling every 30.1 years.* The
Colorado Environmental Commission, in a March 1972 report titled
"Colorado: Options for the Future," estimates that the state can
expect a population of 4.4 million people in the year 2000.
b. Although much of this increase is due to expected, natural
population growth, 48.6 percent of the increase was due to in-migra-
2
tion from other states. Because of an attractive environment,
job availability, and the recreational opportunities here avail-
able, this trend is expected to continue until the state becomes
unattractive, at which time in-migration should decrease.
3. Urbanization
a. During the 1972 session of the Colorado legislature, a
bill was enacted directing the state to do nothing that would en-
courage growth along the Front Range of the Rocky Mountains.
This legislation was simple recognition of the consequences of
unplanned, unrestricted, and disorganized growth. How severe
the situation has become in some areas is indicated by the City
of Boulder's eight-month moratorium on foothill development, de-
clared earlier this year.
b. From 1940 to 1970, the Denver Standard Metro Statistical
Area tripled in population, from 445,000 to 1,228,000. The
Regional Transportation District, which has issued a report on
*U. S. Department of Commerce, Bureau of the Census, 1970
Census of Population, United States, Advance Report, February 1971.
^Colorado Environmental Commission, Colorado: Options' for.the
Future, Final Report (March 1972); p.7.
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TABLE 1 - DENVER REGIONAL POPULATION
Percent Change
within preceedinq decade
Denver SMSA RTD Study Area* U.S. RTD Study Area
1940
445,000
552,000
1950
612,000
721,000
1:48
3.0&
1960
929,000
1 ,054,000
1.86
4.62
1970
1 ,228,000
1,408,000
1.37
3.36
1980
1 ,475,000
1,715,000
1.07
2.18
1990
1 ,780,000
2,105,000
1.19
2.27
2000
2,125,000
2,560,000
1.02
2.16
~Includes Denver SMSA counties (Adams, Arapahoe, Boulder, Denver and Jefferson) dIus Douglas and a
portion of Weld County.
Sources: The Colorado Investor, U. S. Commerce Department, Bureau of the Census, Regional Transportation
District Projections.
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TABLE 2 - COLORADO CENSUS FROM 1860 to 1970
Percent Change
Year State Population from preceding Percent of Total
census Urban Rural
1860
34,277*
13.9
86.1
1870
39,864
16.3
11.9
88.1
1880
194,327
387.5
31.4
68.6
1890
413,249
112.7
45.0
55.0
1900
539,700
30.6
48.3i
51.7
1910
799,024
48.0
50.3
49.7
1920
939,629
17.6
48.2
51.8
1930
1,035,791
10.2
50.2
49.8
1940
1,123,296
8.4
52.6
47.4
1950
1,325,089
18.0
57.4
42.6
1960
1,753,947
32.4
62.1
37.9
1970
2,207,259
25.8
78.5
21.5
* Population of area organized in 1861 as Colorado Teritory frorr parts of Kansas,
Nebraska, New Mexico and Utah Teritories.
Source: U.S. Conferee Department, Bureau of the Census, The Colorado Investor.
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POPULATION DISTRIBUTION PA7TE3N 6£TOND
THE YEAR 2030, GIVEN NO CHANGE IN CUBBIM TBCN3S
-------
9-5
« FOSSIHE COLOVAOO ioutci: wA .1 tofax •« I
pofuut.ow oistvuutkm run
fOI It10»0 tH| TtAt 10M COLORADO "WtSTOM
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the Denver metropolitan area, attributes three primary reasons
for this growth: 1) a birth rate 5 to 10 percent higher than
the national average; 2) a death rate 10 to 15 percent below the
national average; and, 3) a high rate of in-migration.^ The
latter reason is the most significant. The RTD estimates that
half of the Denver area's population growth over the last 20 years
was the result of in-migration encouraged by the highly desirable
climate and environment of the region, relative to older urban
areas; the availability of hifch-quality jobs; and, the migration
from rural areas in the Rockies and the Northern Plains to urban
Denver.4
c. Of Colorado's present population, 78.5 percent of the
people live in urban areas, primarily along the Front Range of
the Rocky Mountains. The Front Range, from Ft. Collins to Pueblo,
has been increasing in population density,, and housing develop-
ment is now spreading to the foothills west of this "strip city."
More and more water has been diverted from the West Slope to the
Front Range to accommodate this growth. In fact, such water diversion
may well be a determinant of growth in semi-arid Colorado. The
Colorado Rural Developaent Commission, in a recent report on Front
Range growth, commented of the Denver Water Board: "Its farsighted,
aggressive operation, seeking to secure water for its metropolitan
^Editors, The Colorado Investor, Land Use In Colorado: Special
Report (May, 1972); p. 3-2.
4Ibid., p. 3-2.
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areas, has perhaps had more to do with the size and shape and
configuration of the metropolitan area than any planning or zoning
board." Moreover, such water management may also determine state-
wide growth patterns. Population and business in 32 of Colorado's
63 counties has declined, and many of these counties are located
on the West Slope where most of Denver's water originates.
d. The Denver Water Board recently presented to Denver voters
a "mixed package deal." Denverites were asked to approve a
$200 million bond issue to finance water supply projects and
needed treatment facilities. Eighty percent of the water supply
would be used to expand service to a 1,000 square mile area sur-
rounding Denver, based on the Denver Water Board's plans to support
a 500 percent population growth around Denver over the next forty
years. Although most citizens supported raising the money for the
treatment facilities, the bond issue was defeated because of the
proposal for new water supply projects. Opponents pointed out
that the net result of approval of the bond issue would be to
"promote uncontrolled subdivisions, urban sprawl, and increased
congestion and pollution." With present water supply sufficient
for Denver's needs until 1990, this proposal by the Denver Water
Board is ample evidence of the "aggressive" water management pur-
sued by the Denver Water Board even in recognition of the conse-
quences on growth.
e. There are other forces pointing to increased urbanization
of the Front Range and the Denver area. The region's basic crops,
timber, meat and daily products, are projected to increase by only
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one half, while services and manufacturing are growing, encouraging
the explosions of population into typical metropolitan patterns
about Denver.^ Kenneth Olson and George Nez, in a report titled
"Land Use Planning and Economic-Environmental Considerations"^ state
that "... mobile homes, and building components are projected
to grow some 100 percent, electronic equipment some 120 percent,
motels and advertising activities some 90 percent, sporting goods
some 90 percent. . . These are some of the Region's 'urban forming'
industries. On the other hand, booms in recreation, retirement,
research and education will sprout new outlying settlements and
networks of services.
f. Of course, the urbanization of the Front Range has a direct
relationship to the pollution problems facing the Denver area. As
population has increased, and the suburbs expanded, air pollution
in Denver, resulting mainly from automobile emissions, has correspond
ingly worsened.
g. The Regional Transportation District has projected that
60 percent of Colorado's population in the year 2000, or 2.S million,
will be living in the Denver region. The Colorado Environmental
^Kenneth C. Olson and George Nez, "Land Use Planning and Econo-
mic-Environmental Considerations," State Planning Issues, by the
Council of State Planning Agencies and the Council of State Govern-
ments, March 1972, p. 16.
6Ibid.
7Ibid.
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Commission shares this estimate, and adds that by 2000, 85 to 90
percent of the projected state population of 4.4 million will be
living in 13 counties along the Front Range. Based on the above
projections, the RTD estimates that 60,000 acres of land will be
needed to accommodate the "population and employment growth" in
the Denver region, excluding new parks, airports and major highway
projects.
h. Because of this projected accelerated urbanization, Colorado
desperately needs, at least, some guidelines to make more orderly
the growth that is occurring along the Front Range. This is em-
phasized by a report issued in 1969 by the Colorado State Planning
Office, titled "Colorado Front Range Corridor." The report con-
cerned urbanization along the Front Range from Fort Collins to
Pueblo. The State Planning Office found three basic results of
the Front Range urbanization: 1) a conglomerate of land uses;
2) a lack of open space; and 3) inadequate transportation and
coordination and complexity of communities.
i. These effects are much more evident today. The urban
sprawl is creating overlapping service authorities as local govern-
ments run together. Chaos is emerging as a result of housing
developments straddling the boundaries of adjacent jurisdictions.
Incorporated suburbs encourage development and the location of new
industry within their city boundaries; and prospective residents
and industries or businesses are glad to leave congested Denver
for the temporarily uncongested suburbs. Housing developers and
and subdividers herald the advantages and values of "rural living,"
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but new suburbanites soon find a lack of services comparable with
the city's (and the suburbs find themselves hard-put to provide
them); and, before long, they realize that the rural setting is
very temporary indeed as bulldozers begin clearing adjoining sec-
tions of land for new subdivisions.
j. Transportation systems and water management have a direct
influence on the nature and patterns of growth. The Colorado
Rural Development Commission has recommended that the General
Assembly pronounce a water policy for the state. The Commission
declared that the legislature should "take action declaring that
a state of emergency exists, and, therefore, declare a moratorium
on water diversion for a limited period of time." This is one
means of controlling the Front Range urbanization, as mentioned
earlier.
k. On the other hand, the Regional Transportation District
has, after extensive study, adopted the approach of Ian McHarg,
viewing transportation from an ecological perspective, as "within
the total environmental planning framework as a critical factor
in determining life style and land use."® Using this approach, the
RTD developed four basic criteria: economic, social, environmental,
and ecological. Based on these criteria, five alternative growth
patterns were defined: dispersal, Teinforce central Denver, re-
inforce metro centers, reinforce regional centers and new towns.
The RTD is now in the process of attempting to develop a "multi-
faceted transportation system" that woula encourage the three latter
growth patterns. These three alternatives - reinforce metro centers
^Land Use in Colorado: Special Report, 00. cit. (ref.3), o. 3-13.
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reinforce regional centers and new towns - seem to be the most
logical means to disperse growth while retaining effective com-
munity services and encouraging development that is both orderly
and planned.
1. The Colorado General Assembly has also taken action that
seeks to control growth and that will influence the nature and
impact of the seemingly steamrolling urbanization of the Front
Range. As mentioned earlier, a bill was passed during the 1972
legislative session declaring a no-growth policy along the Front
Range. Also enacted in 1972 was a bill that authorizes local
governments to adopt resolutions or ordinances that provide for
planned unit development. Another bill, SB 35, requires subdevelopers
to prove that they, among other things, have the rights to enough
water for potable supply and sewage. This legislation will be
discussed in greater detail later in this chapter. Still another,
HB 1042, regulates domestic water wells pumping 15 gallons per
minute or less. Together, these bills provide valuable controls
over development in semi-arid Colorado where all water is presently
claimed: subdividers must prove they have rights to water, and
land owners cannot drill small domestic wells if the State Engineer
can prove they will damage the senior water rights of others.
Of course, in the latter instance, the burden of proof is ill-placed;
but the State Engineer has claimed that proof presents no problem.
In short, then, land will not be developed or bought if buyers
of such land find water unavailable.
m. Thus, efforts are being made to check the unruly urbaniza-
tion of the Front Range in Colorado. So far, the majority of
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these efforts have emphasized study of the effects of urbaniza-
tion upon the environment and society, and have attempted to
define growth patterns. Ostensibly, this large-scale and multi-
faceted research will augment the investigations of the Colorado
Land Use Commission and eventually lead to the promulgation and
implementation of land-use controls directly shaping future urbani-
zation. Most certainly, the time has come to direct attention
towards this goal so that these controls may, in fact, be implemented
in the near future.
4. Recreation - Tourism
a. Foremost among recreational issues affecting land-use in
Colorado is recreational or resort development, associated "second-
home" development, and the Olympics.
b. Obviously, the mountains of Colorado constitute a prime
recreational area. Exploitation of the mountain sides for resort
development and recreation, i.e., ski runs, has occurred for years
and is continuing. "Second-home" development in the mountains
is expanding, suburbs are extending into rural Colorado, and the
suburbanites are building vacation-type homes in relatively isolated
urban areas.
c. A contributing factor to such recreational and housing
development in the mountains has been increased and expanded high-
way construction into the mountains. Interstate 70 will be con-
tinued through the Continental Divide to the West Slope during
the next year, increasing the ability of Front Range residents to
travel to mountain recreational sites. This highway construction
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will undoubtedly be accompanied by new "second-home," or mountain
subdivision, construction and recreational development. With
such development, increased supportive, pollution control facilities
will be needed, services will expand, increasing the area's
capacity for expansion.
d. All this development has been uncontrolled. Many developers
of Colorado land have paid little if any attention to the land's
capacity for development and the potential for creation of major
pollution problems. For example, in northern Colorado Rocky
Mountain National Park is a mountain subdivision called Poudre
Springs. The extent of the developer's responsibility included
bulldozing roads and selling the lots. It is up to the new owners
to find a water supply, sewage systems, and to provide fire pro-
tection- -all three of which are nearly impossible to do. (Un-
fortunately, SB 35, regulating subdivision development, applies
only to future subdivisions and not to those already plotted.)
It has become obvious already that. ground water is at n premium.
A law suit is underway because u ricw well depleted the writer
supply from an existing well. Surface water is obviously minimal,
the only source being a shallow creek called the Little South
Poudre. Septic systems are incompatable with the shallow soils on
the mountainsides and the high-clay soils in the meadow. No
consideration was given to fire danger in laying out the plots.
No fuelbreaks were provided, there are places where only one road
provides access out of the area, and the road construction is
such that fire equipment will be hard-pressed to reach a fire
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in time. Forest fires are an everyday fact of life in this
region, and mountain subdivisions which don't make provision for
fires are asking for ultimate loss of lives and property. The
real shame of this situation is that the Colorado Land Use
Commission has the authority to stop development of this type
that is dangerous to human health; yet, to this time, the LUC
has not used this authority.
e. Most mounlain development has occurred near recreational
facilities, in areas of weak governmental control; that is, in
small communities unable to control growth of such magnitude.
Local government is often simply overwhelmed by "big city"
developers and the scope of their plans. The counties, initially
delighted with the promise of new revenues, are shortsighted;
soon, they find themselves unable to provide services demanded.
f. Recreational vehicles pose significant problems in the
mountains. Four-wheel drive vehicles and motorcycles are being
increasingly used in "alpine areas away from designated trails
and roads,damaging the natural ecology and encouraging erosion
of the mountainside.
g. Ski-run development causes extremely significant land-use
problems in the mountains of Colorado. Ski-runs carve out a
mountainside and cause significant erosion during off-season.
Land is limited, in effect, to a single-use after such recreational
development is initiated.
^Colorado: Options for the Future, op. cit. (ref. 2), p. 26.
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h. National Parks in Colorado are prime recreational areas.
Out-of-state visitors swell the influx of people into Rocky
Mountain National Park so much that, during the summer, people
are turned away as early as 11:00 a.m. Rocky Mountain National
Park supervisors are beginning to emulate the activities of
Yellowstone in Wyoming; bus tours will soon be initiated, and
officials are studying the feasibility of requiring sightseers
to park their cars in several large parking areas and take the
bus tour. Backpackers are being restricted to a certain number
because of the severity of the congestion. Park officials are
initiating a study to determine how congestion can best be con-
trolled .
i. Although Colorado voters have denied state funds for the
staging of the 1976 Winter Olympic Games in Colorado and Denver
voters have denied city funds, private interests are still attempting
to retain the Games. The Olympics present a vast potential for
environmental degradation and will definitely impact land-use if
held. Recreational facilities will be expanded, or new ones
constructed, encouraging expanded tourism and the development
that accompanies it. The Colorado Land Use Commission has the
authority to assist counties in planning for the 1976 sporting
events, or to assume control where the counties are unable to
accomplish such planning themselves; but this authority has not
yet been exercised, and it is questionable if it ever will be.
j* Recreational development certainly impacts on surrounding
growth. Local governments have traditionally encouraged this
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growth and the increased revenues from expanded tourism. State
regulation, which recognizes this growth process, is urgently
needed. As recreational development occurs, surrounding land
then becomes desirable for "second-home" development or resort
development. As urbanization continues, and housing around Denver
becomes more crowded and the area more congested, suburbanites
begin looking to the mountains for a "retreat" and the market
for second-homes expands. The state needs to step in at some
point in this process.
5. Transportation
a. As pointed oat in preceeding sections, transportation has
a definite impact on recreation and urbanization in Colorado.
The availability of high-speed access roads giving access to
previously remote mountain areas directly encourages development
in such areas; and, the construction of high-speed highways along
the Front Range has influenced the area's urbanization.
b. There are two major highways in Colorado--1 - 25 , which runs
north-south the length of the state; and 1-70, which will bisect
the state from east to west when construction through the Conti-
nental Divide is completed. Construction of 1-25 was followed
by increased congestion along the Front Range from Fort Collins
to Pueblo. 1-70 encouraged subdivision and suburban development,
and extension through the mountains will be followed by mountain
development in presently undeveloped areas.
c. Better, improved highways result in increased automobile
use, and increase the accessibility to downtown Denver from outlying
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areas. Expanded parking lot construction downtown follows.
Paradoxically, as more parking lots are constructed, more people
use automobiles to commute. As road and highway construction
increases accessibility to the metropolitan center from outlying
areas, the latter areas become correspondingly suitable for
housing development and attractive for prospective house buyers.
Improved highways increase mobility from the downtown area to
the suburbs and encourage business and industry to relocate out-
side city limits in the suburbs, with their more pleasant sur-
roundings and higher quality air and water, allowing industries
to emit pollutants on a scale that would be impossible in polluted
Denver conditions. Subsequently, employees seek to relocate their
living places in nearby housing developments for convenience;
and, housing construction is, therefore, spurred. Suburban govern-
ments and chambers of commerce encourage the process in order to
establish a broader tax base; however, they discover that the
demand for increased public services outstrips quickly increased
tax revenues.
d. Colorado's transportation system is highway dominated.
Increased highway construction consumes significant amounts of
land and partially defines the use of surrounding land. For
instance, higher capacity transportation modes (new or improved
highways) allow the public to use existing recreational sites or
developments at a higher level than previously; subsequently,
recreational developers feel the need for expanded or new recre-
ational developments to tap increased public mobility. "Second-
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home" construction is encouraged in the same manner. Furthermore,
road construction in the mountains presents a high erosion potential,
limiting the uses the land surrounding roads may be put to.
e. The Regional Transportation District has recognized the
causal relationship of transportation on development (see a.
Urbanization). The RTD uses an Annual Work Plan as a management
tool for accomplishment of the transportation and land-use planning
process in the Denver region. The RTD, the Colorado Department
of Highways, and the Denver Regional Council of Governments work
closely together to identify priorities and to arrive at a year-
long comprehensive plan for the region.
f. This type of cooperation is essential for proper .land-
use planning. It is much more likely that cooperative effort
between these service authorities will result in more land-use
filannigg in the immediate future foT the Denver area than the
Colorado Land Use Commission will be willing or able to effect.
g. One basic need, besides the planning already being con-
ducted, is the identification of the most desirable alternative
means to highway construction and the use of automobiles. This
need is common to most majjor urban areas. This is one area in
which the proposed 1976 Winter Olympics may have a beneficial
effect--bus service is already being expanded in anticipation of
the massive influx of people into the area, and a mass transit
system iB being considered. Of course, this will very likely
have the detrimental effect of encouraging growth in Colorado,
but this is a matter that gets to the question of whether or not
the Olympic Games should be held.
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h. However, since the automobile is the major pollution source
in the Denver area, and since Denver "boasts" the highest ratio
of cars to population inJthe nation, the need for alternative
transportation modes is imperative. If such alternatives are
not developed, strict control of automobile use in the downtown
area will be required. The Region VIII EPA Headquarters recently
emphasized the possibility of this need surfacing when it sug-
gested controls the City of Denver should consider for traffic
restraint if voluntary action proves insufficient to protect
public health. The EPA suggested that 1) Denver immediately
institute bus lanes on city streets; 2) Denver begin a phase-out
of downtown street parking in six months; 3) Denver begin to plan
and construct freeway bus lanes within a year; 4) an annual parking
tax be instituted for commuters in a year and a half, starting
at $200 a year and rising to $450 a year in six years; 5) in
three and a half years a "freeway metering and exit toll program"
which would limit freeway traffic and provide exit tolls of $1
per car during rush hour peaks be adopted; and 6) a "wheel tax"
(in effect, an automobile ownership tax) be established in two
and a half years that would amount to $100 the first year and
increase to $600 in six years. The EPA pointed out that, because
of Denver's elevation or high altitude, and because of the existence
of old cars, new pollution controls on 1975 cars will not benefit
the Denver until the 1980's. This distinction Denver shares
with 38 other U. S. cities.
i. The EPA has also spoken out against new downtown parking
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lot construction on several occasions. Obviously, the lack of
downtown parking will discourage automobile use.
j. Expansion of bus service should continue. However,
the overriding need is for a feasibility study f®r a mass transit
system in the Denver metro area. And the state needs to look
beyond just the Denver region and consider the impact of transporta-
tion statewide, especially as it relates to development in the
mountains.
6. Energy
a. Colorado, as with several other states in the region,
promises to be a pajjor source of energy in the future. At the
present time, coal provides most of the energy produced in the
state. About 14 percent of the state's land area is underlain
with coal which is economically stripable. The Bureau of Mines
estimates that strip-mining for coal in the west will quadruple
in the next four years. Thus, the so-called energy crisis will
take its toll on Colorado land, particularly on the western slope.
b. Colorado will not become a major energy state on the
basis of its coal deposits alone, however. Developments in
natural gas stimulation by neclear blasts, oil shale utilization,
and nuclear energy promise to be the big factors in Colorado's
energy future.
c. Colorado's economically recoverable natural gas supply
is presently so small that it would supply current I). S. demands
for less than a month and a half. The Bureau of Mines estimates,
however, that 317 trillion cubic feet of gas may be locked up
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in low-permeability rock formations in Colorado, Wyoming, Utah
and New Mexico. By fracturing these formations with underground
atomic blasts, some of this gas could be made available. If
successfully and safely carried out (and there is some question) ,
this new gas supply would certainly encourage development.
d. Oil shale is Colorado's big hydrocarbon energy reserve,
possibly more than six times as large as the state's coal re^
serves, and equal to the present estimated world's petroleum
reserves. Most of it is concentrated in north-western Colorado.
As the processing technology gets better and the other petroleum
sources become more depleted, we can expect north-western Colorado
to be exploited, both by shaft mines and strip mining. Six leases
have been proposed to be awarded by the Department of Interior
for oil shale prototype developments. The DOI has recently
completed an extensive, 1,000 page draft environmental impact
statement on oil shale development. Generally, their conclusion
was that, though extensive environmental damage would occur,
the.economic and energy potential of oil shale was too great to
ignore. One interesting note was that 47,000 people could be
expected to accompany the oil shale operations along the Colorado-
Utah border, with more arriving after initial operations are com-
pleted and development intensifies.
e. Colorado's liquid petroleum and natural gas liquids
represent a very minor energy supply. Our entire reserves would
supply the nation for about a month.
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£. As nuclear energy becomes more feasible, Colorado can
be expected to supply more and more uranium for the fission
reactors. Over 90 percent of the nation's uranium supply is in
Colorado, Wyoming, Utah, and New Mexico. It is hoped that so-
called breeder reactors, which operate by nuclear fusion, can
be developed and put into use quickly. Using only fission reactors,
the U. S. uranium supply could be depleted in the next 20 to 30
years. Breeder reactors would utilize the low-grade uranium and
thorium ores scattered around the country, and their use would
take some pressure off of Colorado. Concerning the disturbances
to the land caused by uranium mining at present, extensive re-
search should be undertaken in nuclear fusion and Alternative
energy sources.
g. An amount of fresh water equal to half the annual flow
of the Colorado River will be consumed in energy production if
present plans are realized. In Colorado's semi-arid climate,
this will result in unimaginable compromises with recreation,
irrigation, urban, domestic, and industrial water supplies. Many
Coloradoans are unaware of the threat energy poses to the state's
future. The State government, moreover, has usually been non-
resistant to the forces of energy development; but, it recently
formed a task force to investigate the environmental effects of
oil shale development, including its land-use impact. Hopefully,
this is an indication of increasing state awareness of its responsi-
bility to inform the Colorado public of Colorado's energy resources
and the effects of development, so that the people will recognize
-------
-161-
the threat before they permit high tension lines and pipelines
to damage their scenic mountains and forests.
7. Agriculture
a. In the midst of increased water development, irrigated
agriculture is on the decline. Most of the water rights in the
state are owned by irrigation companies and farmers' organiza-
tions. They can sell their water to municipalities and developers
for more than it is worth in irrigation.
b. Some of the land brought under dryland cultivation under
the Homestead Act is unsuitable for cultivation. The Great
Plains Program of the Soil Conservation Districts is encouraging
retirement of this land to grazing.
c. Consumptive land-use for urbanization, recreation, and
mineral development also take their share of land that would
otherwise be, and often is, used for agriculture.
d. In short, as the demand for agricultural land becomes
greater, farmers and ranchers are pressed to either leave agri-
culture or make their land produce more than it normally would.
It is this second prospect which results in overgrazing, over-
use of fertilizers, and the temptation to use all the land
regardless of its capabilities and limitations.
8. Land Erosion
a. Land erosion affected 8,412,000 acres in 1967. The most
serious damage was done in the Colorado River drainage, where
6,573,700 acres were affected. The Arkansas-White-Red River
drainage had 1,124,700 acres damaged by erosion.
-------
-162-
b. Erosion leads to silting of streams, affecting irriga-
tion systems. Serious erosion can greatly determine land-uses
downstream by defining the uses water may be put to.
9. The Colorado Land Use Commission
a. Following is a reproduction of an outline of the responsi-
bilities of the Colorado Land Use Commission that was included
in the LUC's February, 1972, Progress Report.
-------
ELEMENTS OF THE PLANNING PROCESS
Eoch ol the ma|or steps of the plan includes the following elements
• Identification and Analysis- The process of documenting (1)
state natural and man-made resources, (2) land capabilities,
f>opulolior», employment, and development trends: and (3)
ocal, state, ond federal policies and controls.
• Operations: The development of proposed legislation and
policies as a result of findings in the course of the Land Use
Commission's work program.
• Development and Submittal: The presentation to the Gover-
nor and General Assembly of this progress report; the In-
terim Plan, due in September of this year; and the Final Plan,
due in December 1973.
LEGISLATIVE CHARGE:
DEVELOP A STATE PLAN
AMD MAN AG i" MT NT SYSTEM
I INFORMATION I
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MAJOR DCVtlOfrtAMTS
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(APPLICATION^
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-------
STATE LAND USE PLAN AND MANAGEMENT SYSTEM
Colorado has committed itself to finding ways of making wise use of its basic resources.
The State Land Use Plan and Management System is a planning process, the products of
which contribute to a cumulative, continuously updated body of policies and plans, public
information, and programs of action. This process includes tnree mojor steps:
• Progress Report, due February, 1972
• Interim Plan, due September, 1972
¦ Final Plon, due December, 1973
1.
PROGRESS REPORT
This report documents the work, findings, and recommendations of the land Use Com-
mission to date. It also outlines the future activities of the Commission and otherstote
and local ogencies in developing the Land Use Plan Management System.
2.
INTERIM PLAN
The Interim Plan will contoin specific plan recommendations with respect to resources,
capabilities, trends, and policies determined during the identification and analysis
phase. These recommendations will center around the following areas:
• Criteria and standards for assignment of specified environmental issues as areas
of local, regional, or state concern and delineation of the responsibilities and
authorities of the particular agencies involved.
• Specific planning tools (impoct models, forecasts, data, and criteria) for use by the
various stote andlocal agencies.
• Explicit land use recommendations for identified critical areas, such as major
recreation areas, transportation facilities, important conservation areas, and
areas documented as having hazardous conditions.
• Finonciol programs associated with land use recommendations to ensure that
state and local agencies have the resources to perform adequately and where ap-
propriate. to recommend some form of restitution to private landowners for the ef-
fects of public environmental policy,
• Administrative and management requirements of state and local agencies with
regard to the planning, evaluation, and regulation of public and private land use.
• Identification of remaining deficiencies in the planning and implementation of land
use change in Colorado. These deficiencies will be identified by the issues in-
volved, the locations where they now occur and may occur in the future, and alter-
native approaches to their resolution.
PROGRESS
REPORT
FEBRUARY 1972
INTERIM
PLAN
SEPTEMBER 1972
vt
-------
County Control Over the Subdivision of Land
The majority of problems identified at the task force meetings are related to the
proliferation of subdivision activity. Further, certain characteristics of many new sub-
divisions exempt them from zoning and building codes. Thus, the development and local
administration of adequote subdivision regulations is a necessary step in ensuring the
proper development of land resources of Colorodo counties.
o Subdivision Resolutions
The purpose of this documentation is not to criticize local government. Rather it is to
assist in the determination of ways in which policies and plans may be most ap-
propriately extended and improved by means of the following:
• Providing guidelines for land use policy-and-control considerations such as model
multi-use controls and chanqe-in-use criteria related to growth characteristics.
• Identifying new and better methods of lond use planning and control which have
been applied by some locol governments.
• Defining areas where necessary state or federal support is lacking, spotty, or un-
tapped by local government.
• Document the need to provide more precise interpretation of current county
authority with respect to land use planning and controls.
Many of the concepts developed from this and other information are now being con-
verted into objectives ond recommendations for implementing programs and policies for
inclusion in the interim plan. Others, such as those to improve the control of sub-
divisions, are included in this report for immediate consideration. This process and the
resulting objectives and recommendations have been designed to maintain ond improve
control of environmental-planning by local county governments which are responsible
for the vast majority of the private undeveloped lands of Colorado.
• L.U.C APPROACH
e Correlate Controls
a Identify Better Planning Methods
and Controls
o Flag Areas of Need
• Document the Need for Defining
Local Authority
The following documentation of county planning and control is based upon land use
plans, zoning, and subdivision resolutions adopted by counties prior to the preparation
of this report. As noted elsewhere, some counties are currently making substantial ef-
forts to adopt or upgrade plans and controls. The Land Use Commission will continue to
document the changing status of land use planning and control for the purpose of deter-
mining the ability of local government to deal with lond use issues and identifying areas
in which the Land Use Commission ond other state agencies may assist local govern-
ment.
• DOCUMENTATION OF PLAN-
NING AND CONTROL
7
-------
CATALOG EXISTING
PLANNING PROGRAMS
AND RESOURCES
WORK WITH OLYMPIC
AGENCIES AND
PROVIDE EVALUATIONS
DEVELOP MODEL SUBDIVISION
REGULATIONS
ESTABLISH GROWTH
MONITORING SYSTEM
CREATE ADVISORY COMMITTEE
HOLD PUBLIC HEARINGS
This will provide a continual survey of the nature of development and its indirect, as well
as direct, impacts upon the environment.
4.
Utilize, recognize, and evaluate all existing local, state, and federal land use patterns,
land use plans, policies, standards, and procedures affecting land use.
5.
Cooperate with the Olympic agencies regarding the 1976 winter events to ensure that
environmental and ecological factors receive equal consideration to technical factors in
site selection; accept and manage gifts and grants for such purposes on behalf of the
state; evaluate communify impacts associated with the Olympics; specify information
needed for impact studies to the Governor and General Assembly. Thereafter, complete
impact statements as needed and indicate findings to the Governor and to local areas to
guide further required land use —environmentalcontrol actions.
6.
Develop model subdivision regulations in accordance with the existing county planning
law for use by the counties in meeting the legislative requirements of Senate Bill 92,
1971, and distribute these model regulations to the counties by January 1, 1972.
7.
Establish a growth monitoring system via an improvement notice procedure adopted by
the 1971 General Assembly and by subdivision plan review to commence July 1, 1972.
8.
Appoint and confer with an Advisory Committee to serve until January 10, 1974,
representing various interest groups, covering the twelve planning regions.
9.
Hold such public hearings as necessary to the development of the planning program with
at least one such meeting in each planning region of the state.
The Land Use Commission has made progress in each of these work items. The following
subsections briefly describe the work compiled to date, some of the findings of this
work, and the immediate action recommendations of the Commission.
-------
SUMMARY OF RESPONSIBILITIES
The Land Use Commission has been charged by the General Assembly to develop a
statewide Land Use Plan and Management System. The purpose of this plan and
management system is to ensure a planned ana orderly development of the state with
special emphasis on balance in future growth and attention to the preservation of the
environment and our public resources. In carrying out this charge, the Land Use Com-
mission is to:
CHARGE:
TO ENSURE THE PLANNED
AND ORDERLY DEVELOPMENT
OF THE STATE
Develop an Interim Land Use Plan by September, 1972. This plan will include information
and recommendations concerning land capabilities and natural resources; existing state
and local land use controls; problems of specific economically depressed areas; local
policies concerning future development; criteria for the designation of areas of state
concern and local concern, and trie authority of the state and local agencies in such
areas; documentation of state and federal growth policies and their implications for
Colorado; and some preliminary conclusions and recommendations related to land use
policy in the state.
1.
Develop a Final Land Use Plan and Management System by December, 1973. This plan
will expand the coverage of the land use policy and regulation elements of the Interim
Land Use Plan throughout the state and add specifications to environmental land use
planning criteria and control standards. It will include proposals for and evaluation of
significant land use proposals, such as airports and ground transportation networks. It
will provide for detailed water allocations and sewage treatment facilities planning,
state and regional recreation facilities, regional economic development planning, en-
vironmental control, and specifications ot impacts for continual plan management
procedures.
3.
Implement planning techniques, including:
• An environmental matrix — a system of evaluating environmental problems and
the effectiveness of existing and proposed controls.
¦ A management matrix — a continual appraisal of current land use law and policy
at all levels of government as they affect Colorado.
• A growth monitoring system — a continual documentation and evaluation of the
amount and type of growth occurring in the state.
• Impact models — specific measures and evaluations of effects which certain ac-
tivities such as major land developments or the Olympics would have on the state,
regions, and communities.
DEVELOP INTERIM LAND USE
PLAN
DEVELOP FINAL LAND USE
PLAN
DEVELOP PLANNING AND
IMPLEMENTATION
TECHNIQUES
-------
-168-
b. Colorado faces several distinct and significant hurdles
that must be overcome if the state is to realize statewide land-
use control. The first, basic to all regulatory questions in-
volving overlapping governmental jurisdictions, is significant
in Colorado. The state has only limited legislative authority
to manage land-use. Land-use controls are vested almost solely
in local government.
c. One partial exception to this rule of local control is
state subdivision regulation authorized by SB 35, which was
enacted by the 1972 session of the Colorado General Assembly.
This legislation set minimum standards for subdivisions. It
was recommended by the Colorado Land Use Commission. The intent
of SB 35 is to give local governments a means to ensure orderly
development and to give the state regulatory and enforcement
powers over subdivision regulations. Analysis of this legisla-
tion and the rationale behind it illustrates several key points
about Colorado land-use efforts.
Senate Bill 35
Briefly, this legislation sets minimum state standards for
county subdivision regulations. It changes the definition of
subdivision or subdivided land to include land divided into lots
of less than 35 acres per interest. County commissioners are
required to submit subdivision regulations to the Land Use
Commission for certification by September 2, 1972. If, however,
a county fails to either submit such regulations or refuses to
adopt the state's definition of subdivision, the Land Use
-------
-169-
Commission "may" promulgate subdivision regulations for the
county's unincorporated areas, and any regulations later pro-
mulgated by the county may be no less stringent than the interim
regulations of the LUC.
SB 35 requires that subdividers submit to the county com-
missioners "data, surveys, analyses, studies, plans and designs"
including relative site characteristics with respect to topo-
graphical information (streams, vegetation, etc.). geological
characteristics having a significant effect on the use of the
land and their impact on the proposed subdivision, and soils
type maps and tables of soils suitabilities in the development
area. The subdividers must also present adequate evidence of
the availability of a water supply sufficient in terms of quality,
quantity, and dependability, and adequate for the needs of the
proposed subdivision. Proposed sewage disposal.means complying
with federal and state standards must also be documented.
Until the county gains the LUC's certification of its regu-
lations, it must send to the LUC a copy of each preliminary
plan or final plat which it receives from a subdivider. When
certification is granted, each board of county commissioners
will send a monthly subdivision summary report to the LUC. Finally,
the subdivider must submit agreements to the county commissioners
called "performance guarantees." These relate to assurances by
the developer that needed public improvements in the development
area will be made.
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-170-
The Colorado Land Use Commission should be commended for
its active support of this legislation. It is the only tool
the state possesses to directly control any form of land-use
within Colorado. Unfortunately, however, there are several
significant deficiencies in the legislation as finally passed:
1. A key phrase in the legislation is contained in section
106-2-34: ". . . the land use commission may (emphasis added)
promulgate . . . subdivision regulations for such areas of the
county for which no subdivision regulations exist." Thus, it
is left entirely to the discretion of the LUC to establish such
regulations where the county fails to do so itself.
2. Another significant aspect of the legislation concerns
the subdivision definition. Counties are forbidden to change
the definition in any way. However, no provision, other than
the threat of possible LUC-promulgated regulations for the
county, provides any penalty for failure to adopt the state
definition. There is a distinct possibility that several counties
may, in fact, refuse to conform to this definition in defiance
of the LUC and, perhaps, in anticipation of the lack of LUC action
in any case. This defiance is encouraged by the LUC in a June,
1972 publication titled A Handbook on Senate Bill 35, which was
prepared to facilitate county and public understanding of the
provisions of the bill. In one section, "Important Points to
Remember," the LUC states: "County commissioners should consult
their county attorney on problems of interpretation of the pro-
visions of Senate Bill 35."
-------
-171-
County government resists state control in areas that local
government has traditionally exercised sovereignty, such as sub-
division regulations. County attorneys, of course, share this
view. Therefore, the Land Use Commission, by suggesting that
counties interpret for themselves the provisions of SB 35, is
weakening the directive that counties cannot alter the definition
of subdivision; subsequently, the counties are, in effect, invited
to challenge both the LUC's willingness to take action and the
state directive.
This is a significant point because the new definition in-
cludes a much greater number of developments than previously;
and, the counties, many controlled by real estate interests,
often don't want to include ox regulate such development.
3. The provisions of, SB 35 apply only to proposed subdivision
developments. A companion bill, SB 36, which would have applied
similar controls to approved subdivisions that arc already
platted, was defeated with little resistance from the LUC.
d. The Land Use Act of 1971 directed the LIJC to recognize
that land-use authority should be at the lowest level of govern
ment possible. The LUC itself recommended this poliby, and SB 35
endorses the policy further by giving local governments primary
control over subdivision regulations. Thus, the legislature
has affirmed the concept of local zoning and rejected the idea
of statewide zoning.
e. County government has two power sources to tap for land-
use control. The first is the statutory enabling power granted
-------
-172-
by the legislature; the second is the police power.^ From
these sources three basic tools have developed: (1) zoning;
(2) subdivision regulation; (3) master plans. However,
counties only have power over "unincorporated territory" with-
in their jurisdictions.^
f. Implicit in the legislative directive concerning the
location of land-use controls is the belief that counties or
local governments will willingly conform to the recommenda-
tions of the LUC and the state land-use plan; or, that these
local governments will accept the recommendations as necessary
for their counties' and the state's welfare. Otherwise, state-
promulgated minimum requirements for county zoning will be
necessary with provision for state enforcement where the county
fails to follow the state plan.
g. Another shortcoming of Colorado's Land Use Commission
is that the efforts of the LUC have so far been investigative
in nature, directed toward research and planning, and not con-
trol. Planning is, of course, necessary if land-use is to be
controlled wisely, and the LUC has done an outstanding job in
this area. Yet, it is equally evident that planning serves
no purpose if there is no means of control. Before the LUC
can have a meaningful and beneficial impact on land-use in
Colorado, it must come to grips with jurisdictional matter
^Richard D. Hoadley, "The Power of Counties to Control
Land Use in Colorado," ROMCOE Land Use Packet; Rocky Mountain
Center on Environment (November 1971) ; p. 6.
1 1 T u - A
Ibid.
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-173-
involving land-use controls. In other words, in order to be
effective, land-use controls must be vested in the LUC or
another state agency, or county compliance with a state land-use
plan must be insured, so that land-use within Colorado may be
regulated on a uniform basis and, subsequently, so that all
land-uses will be compatible with each other. Unfortunately,
however, the LUC has avoided this matter and its attendant
controversy and, instead, retains a scope of purpose advisory
in nature, substantially limited to planning and research.
h. This narrow planning function would, perhaps, not be
objectionable if the need for, and importance of, state land-
use control throughout the nation was not so immediate; and,
if the LUC had indicated any preparation to.,advance positive
recommendations for state implementation of its final plan.
Furthermore, the LUC has virtually refused to attempt any
regulatory action itself, or to assume such a role for itself.
This reluctance to involve itself in political controversy is
underlined by the LUC's evident refusal to implement "emergency
powers" to prevent or stop land development that the I.IJC finds
dangerous to human health or the environment. Use of this au-
thority is contingent upon the consent of the Covernor. The
LUC's refusal to use these powers is even more puzzling when
it is remembered that the LUC recommended such authority for
12
itself in December, 1970.
12
At the same time, the LUC requested and received authority
to review any sites chosen for the 1976 Olympic Games and to
promulgate land-use controls for those counties that host Olym-
-------
-174-
i. In all fairness, it must be pointed out that the LUC
has a limited mandate from the legislature. The Colorado
General Assembly must assume, with the Governor, a significant
portion of the blame for the LUC's shortcomings and regulatory
failings. Unfortunately, the LUC has seemed to be more con-
cerned with keeping clear of political controversy than it
has been with insuring effective state land-use control; and,
in the process, it has become subject to politics. The legis-
lative branch has not reacted to the immediacy of an environ-
ment in Colorado threatened by poor land management (or lack
of land management) with the drive of other state legislatures
in states facing similar problems, notably Vermont.
j. Colorado's land-use problems are, in significant as-
pects, similar to those in Vermont. Both states have under-
gone extensive recreational and "second-home" development.
Both states have experienced drastic increases in population.
Yet, the two differ in their approaches to their shared problems.
k. Colorado has initiated an extensive land-use study,
which is to culminate in December, 1973 in a state land-use
plan and land-use map. An interim land-use plan was to be
submitted to the Governor and General Assembly in September,
1972; however, this plan won't be completed until later in
1972 or early 1973. Except for the LUC's emergency powers
pic events and that are unable or unwilling to establish such
controls themselves.
There have been instances where development presented danger
to human health (i.e., Marble Mountain ski development in a land-
slide area), but the LUC has done nothing.
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-175-
and responsibilities, there will not exist any certain or
probable means of state land-use control until the LUC makes
its final report and recommendations, and until enabling leg-
islation, or legislation requiring local government compliance
with the LUC's plan is passed, if ever.
1. The situation in Vermont contrasts drastically with
the Colorado record of "mostly talk, little action." The
legislature has passed a site approval law, which regulates
development within Vermont's areas of critical environmental
concern. Also, the State in 1970 enacted legislation declaring
for Vermont "authority over all construction or improvements
of commercial, industrial or residential,use above the eleva-
tion of 2500 feet - without exception." Each such project
must gain the approval of a district environmental commission.
These legislative actions are interim measures until a compre-
hensive land-use plan is developed in 1973.
m. Colorado must take the same purposeful action that
Vermont has exemplified. Certainly, the potential for environ-
mental degradation from recreational and "second-home" develop-
ment is as immediate in Colorado in 1972 as it was in Vermont
in 1970.
n. With regard to such development, the LUC's and the
General Assembly's affirmation (in the Land Use Act of 1971)
of local land-use management is misdirected. Local towns,
communities, or counties are unprepared to deal wisely with,
or to regulate, such massive development and its accompanying
-------
-176-
forces. In fact, such snail governmental bodies traditionally
have encouraged development.
o. No attempt here is being made to attach to development
a negative value. The significance of this portrayal is that
local governments are too easily subject to political and eco-
nomic forces beyond their capacity to resist, control or even
modify; and yet, this is exactly where the LUC and the General
Assembly assert that land-use control should be located. With
mountain subdivision development continuing and accelerating,
the LUC and the General Assembly should have the foresight to,
respectively, recommend and enact a legislative "holding action"
along the lines of the Vermont prohibition of construction above
2500 feet until the LUC makes its final report and recommenda-
tions, and until such time as the legislature authorizes some
form of state control.
p. In November, 1972 the staff of the LUC drafted the
LUC's Interim Report, "Review Material for Interim Plan Including
Assumptions and Policies," to be submitted to the legislature
at the beginning of the 1973 General Session. The staff recog-
nized that uncontrolled growth is threatening Colorado's environ-
ment and Coloradoani' life-style:
A continuation of an uncontrolled growth will
inevitably produce economic and social declines for
most people and degradation and destruction of our
mountain environment. Although a small segment of
society will continue to prosper as a result, the
general populace will suffer from cyclical trends.
The momentum of the current trend is strong,
-------
-1 77
however, and certain vested interests have relied
heavily on this momentum. Reversal of the trend
and implementation of the /Tand-use7 plan, there-
fore, will command all the power and creative
capacity of our state and local governments.
Unfortunately, the LUC has not yet acted with the "power and
creative capacity" that the staff proposed the Commissioners
endorse in the Interim Plan. Although the LUC adopted many
of the stringent policy proposals the staff made, it continues
to lack in purpose, and it rejected some of the better staff
proposals while not considering others. The Interim Report
was to be submitted by September,1972, but the deadline was
extended to December 1. The LUC is likely to request another
extension.
q. Most significant is the fact that the state agency or
body with most authority over land-use within Colorado is the
Land Use Commission, and it has so far not exercised that au-
thority. Also, there is no indication that the final land-use
plan will include any means of state implementation of that
plan, or any means of state integration of various land-use
policies into a single body of law. Briefly, at this time, no
state regulatory agency with authority over land-use is con-
templated.
-------
APPENDIX
Federal Land in Colorado
-------
APPENDIX. FEDERAL LAND IN COLORADO
About 36 percent, or 23,152,923 acres, of Colorado's
66,485,760 acres is owned and managed by the Federal gov-
ernment. This ownership is spread out among 20 Federal
agencies.
The great majority of this land is managed by three
agencies: the Forest Service (14,359,639 acres); the
Bureau of Land Management (8,465,126 acres); and the
National Park Service (527,138 acres). All of these agen-
cies are discussed in detail in Part II: Other Federal
Agencies.
Following is a table which shows the Federal agencies
that own land within the state of Colorado and the acreage
involved; and, a map showing the location of the U. S.
Forest Service land.
-------
FEDERAL LAND IN COLORADO
As of June 30, 1970.
Agency Acreage
Forest Service 14,334,184
Bureau of Land Management 8,465,126
National Park Service 527,138
Bureau of Reclamation 485,788
Army 180,990
Navy 60,240
Fish and Wildlife Service 35,459
Atomic Energy Conmission 30,199
Corps of Civil Engineers 28,872
Air Force 25,889
Department of Agriculture 14,670
Environmental Science Service 2,760
General Services Administration 1,159
Veterans Administration 653
National Bureau of Standards 585
Bureau of Indian Affairs 570
National Science Foundation 566
Federal Aviation Administration 490
Bureau of Prisons 440
Bureau of Facilities 23
Bureau of the Mint 2
Source: Hie Colorado Investor
-------
l^NTEIUHA
Source: The Colorado Investor
Forest Service Land in Colorado
COLORADO INVESTOR
-------
APPENDIX II
State Agencies
-------
APPENDIX II. STATE AGENCIES
Following is an outline of state agencies that conduct
programs or exercise authority that impact land-use within the
state. The outline is reporduced from the February, 1972,
Progress Report of the Colorado Land Use Commission.
-------
I. D>nl
-------
LEGISLATIVE CHARGES OF AGENCIES AFFECTING
LAND USE (COMPLETED TO DATE)
GOVERNOR'S OFFICE
Coordinator of Environmental Problems (Office of the Cover-
nor, Executive Branch)
• Organic Statute
A. Statutory Citation- C.R.S 132-1-9 and-10 (1970 Session Laws)
B legis.otjve Declaration of Policy None
• Geographic Area: Statewide
• Divisions Within Deportment/ Office' None
• Responsibilities (a summary):
A. Study environmental qualify problems.
B. Coordinate planning and execution of state programs relohng to
problems of environmental quality.
C. Report to the Governor and General Assembly on existing
programs recommending appropriate new laws and other
measures to deol vsuth the problems of environmental quality.
D. Submit on annual report to the Governor and the Generol Assem-
bly in occordonce with the Information Coordination Act. C.R.S 3-
3-17, 1963 {as amended)
E. Inform the public of the results of oil studies made and recom-
mendations transmitted to the Governor and the General Assem-
bly.
• Powers/Controls: The coordinator con recommend that the Gover-
nor order a total or limited moratorium for a maximum of thirty days
to prevent or minimize any significant risk of a serious danger to the
public health arising from any activity, condition or use of any
material.
Land Use Commission (Office of the Governor, Executive
Branch)
• Organic Statute
A. Statutory Citation-C R S 106-4 and-5 (197 1 Session Laws); C.R.S.
106-2-34(1971 Session Laws)
B. Declaration of legislative Intent: Rapid growth and development
require new and innovotive rneosures to encourage planned and
orderly land use development Generally calls lor use of land and
other natural resources in accordance with their character and
adaptability, and the promotion of efficient and economical use
of public resources. The effective means of attaining these goals
is a statewide system of land use.
• Geographic Area: Statewide
• Divisions Within Deportment /Office: None
• Responsibilities:
A. Develop a progress report February, 1972.
B. ¦ Develop on Interim Plan report September. 1972.
C. Develop a final land use planning program. December. 1973.
D. Evaluate 1976 Winter Olympic planning impocts.
E. Develop and hold hearings on state land use plans, maps, and
related implementation techniques. 106-4-1(2) .(1971 Session
Laws)
F. Specify development policy and procedures for the future. 106-4-
3(1) (a) (1971 Session Laws)
G. Develop model subdivision regulations as guidelines for counties.
106-4-4(1) (1971 Session Laws)
H. Develop model resolutions to serve as guidelines for county com-
missioners in developing improvement notice regulations. ,106-4-
4(2) (1971 Session Laws)
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Industry Markets, ond Inspection and Consumer Services. 6-1-8
(1967 Supp )
0 ReipoiulbllJtloi: Comprehensive service to and control and regu-
lation of agriculture industry to the state.
• Powers/Duties!
A. Inquire into the needs of agriculture of the state. 6-1-4(2)
B. Carry out policies and purposes of the Colorado Agriculture Con-
servation and Adjustment Act [C R S 6-3-1, 1963 fas amended))
and to promote and administer state plans for the same. 6-1-4
(27)
Note: The Conservation and Adjustment Act authorizes a state plan
for the general purpose ol protecting the welfare of the stole
by stopping destruction ol its soil fertility by uneconomic use
and waste of its soil resources.
DEPARTMENT OF HEALTH
Air Pollution Control Commission
> Organic Statute:
A. Statutory Citation; C.R.S. 66-31-1 through -26 (1970 Session Laws)
B. Legislative Declaration of Policy: Achieve maximum practical
degree of air purity in every porlion of the state.
» Geographic Area. Statewide, with the exception of home-rule local
government entities which hove enocted appropriate air pollution
laws. 66-31-25 (1970 Session Laws)
» Divisions Within Office/Department: Air Pollution Variance Board
» Responsibilities: Control and prevention of air pollution throughout
the state.
> Poweri/Dutiest
A. Develop and maintain a comprehensive program for the preven-
tion, control, and abatement of oir pollution throughout the entire
state: and promulgate air goals for every portion of the state. 66-
31-5 (1) (1970 Session Laws)
B. Adopt and promulgate ambient air quality standards and
emission control regulations. 66-31-5(1) (1970 Session Laws)
C. May issue ceose and desist order regarding any air pollution
emergency endangering public health 66-31-1 1(1) (1970 Session
Laws)
Note. An air pollution variance board is also created by virtue of
this statute, thus permitting the suspension or modification
of regulations in some instances 66-31-15 (1970 Session
Laws)
Division of Administration
• Organic Statute
A Statutory Citation C R.S 66-1-9, 1963 (as amended)
B. Legislative Declaration of Policy None
• Geographic Area Statewide
o Divisions Within Office Department: None
• Responsibilities: Administer and enforce state public health laws.
• Power/Duties:
A. Exercise powers necessary to enforce public health lows. 66-1-
9(b) (c)
B. Hold hearings related to vested responsibilities. 66-1-9(d)
C. Administer water pollution control regulations. 66-28-4 (1967
Supp.)
D. Develop a comprehensive program for the prevention, control,
and obotement of pollution of the waters of the slate. 66-28-7(b)
(1967 Supp.)
E. Upon request, examine and approve or disapprove plans and
specilications for the construction and operotion by o political
subdivision of new sewage systems, disposal systems, and treat-
ment works. 66-28-7(d) (1967 Supp.)
State Board of Health
• Organic Statute-
-------
A Stotu'o^ Ct'ohon C .R S. 66-1 -6. ) 963 (gs amwHlvd)
B. legis a* >* Declaration of Policy: Nona
• Geoqrar" c Veo- Statewide
• Division; A Office Agency: None
• Responsibilities: Rule-moking body for public health laws
• >owr».'Outlw!
A D*
-------
B. Adm n.iier construct'on and maintenance standards persuant to
secr.on 69-9-7(1) (c). 69-9-5(1) (e)
C. Research following areas—69-9-5(1) (I) (1970 Session low*):
I Housing standards and construction codes based on per-
formance.
2. Modular housing.
3. Programs lor-discouragmg concentration of low-income
housing.
DM$ton of Local Government
• Orgonic Statute-
A S»o'u'ory Citation: C R.S. 3-22-1 through -10 (1967 Supp.) (os
omended). C.R.S. 3-28-25(2) (d) (1969 Supp.)
B Legislative Declaration of Policy Assist local government meet
new responsibilities resulting from population shifts end other
economic and social trends throughout the state.
• Geographic Areo: Statewide
• Divisions Within OHice 'Department: None
• Responsibilities: Provide advice, counsel, and training to local
government problems ond solutions.
• PaMrs/Dutltt;
A Serve as a clearing house for focal governments and state ond
federal agencies. 3-22-4( 1) (d).
B Provide research and technical assistance to local government. 3-
22-4(1) (f)
Division of Planning
• Orgonic Statute
A. Statutory Citation: C.R.S. 106-3-1 through-8 ()971 Session lows)
B. Legislative Declaration of Policy:
1 Provide planning which is essential to the orderly growth ond
development of the state.
2. Effectuate a balanced program for the employment of
natural ond other resources of the state.
3. Plan to meet problems related to comprehensive growth
needs.
4. Secure economical and efficient expenditure of state's
revenues.
• Geogrophic Areo: Stotewide
• Divisions Within Deportment/Office: None
e SotBentlbllitiett Advisory planning role between state level ond
local level of government.
e fowen/Dulli—106-3-3 (1971 Session law«)t
A. Function as on advisory and coordinating ogency.
B. Stimulate ond assist planning activities on all levels.
C. Participate in comprehensive interstate planning.
0. Make state planning studies.
C. Inventory public and private natural resource* of majot publk.
ond private works and other facilities deemed ol impcx lance to
stole plonning.
F. Act as the primary state ogency of demographic information. 106-
3-4 (1971 Session lows)
G. Render advice and recommendations on any plon. master or
toning, submitted for review by the planning commnsien..
regional, county or district, making such plan. 106 2 21 (1971
Session lows)
DEPARTMENT OF NATURAL RESOURCES
Executive Director (Commissioner of Mines)
e Organic Statute:
A. Citation: C.R.S. 3-15-1. 1963 (as oirnndsJ) (1969Supp.)
-------
0. Make recomme-jcJiOis to Governor ond General Assembly
regarding the n.gnwoy poncy of the state. 1 20-2-5
C May purchase 'ana c^d use eminent domain when required. 120-
3-8
D Adopt a master pic^ for the development and improvement of
the state highway system. 1 20-7-2
DEPARTMENT OF LOCAL AFFAIRS
Division of Commerce and Development
• Organic Statute
A. Statutory O'oiion. C R.S. 3-18-1 through -16, 1963 (as amended).
CRS 3 23-25^ ,d' ti969 Supp.}
B Legislative Dec oration of Policy: Plan and promote the economic
development of the state
e Geographic Area Statewide
• Divisions Within Department Office:
Stote Council on the Arts and Humanities
Advisory Commission
Motion Pictures ond Television Commission
• Responsibilities: vNoted
-------
1. Requires mining operators to file I or a permit prior to
initiation of mining activities. 92-13-5
2. Requires a reclamation plan and map which shows affected
area. V'J-1 J-6(b)
3. Reclamation for homesites, recreationol. industrial, or other
uses shall include basic minimum requirements os agreed
upon by the operator and the Executive Director. 92-13-6 (m)
4. May require a performance bond. 92-13-8
Board of Land Commissioners
• Organic Statute'
A. Constitutional Citation: The board is a constitutionally created
body which has the direction, control, and disposition of the
public lands of the stole under such regulations as ore prescribed
by law (Colorado Constitution Artirle IX S 9) The board hm the
duty to provide for the location, protection, sale, and other
disposition of all the lands granted to the state by (he federal
government. (Colorado Constitution. ArticlelX, S 10)
B. Statutory Citation- Colorado Revised Statutes 112-2 through 112-
7, "Public Londs and Rivers." 1963 (as amended)
C. Legislative Declaration of Policy- (Generally stated in Con-
stitutional provisions)
• Geographic Area: State lands
• Divisions Withm Department/Office: Mineral Department—112-3-39.
• Responsibilities! Direction, control, and disposition of public lands of
the sto'e.
¦ Powers/Controll (reference to specific Articles in Chapter 112.
"Public Lands ond Rivers"):
A. Article 2—Desert Londs'
1. Select, manage, ond dispose of lands now or hereafter gran-
ted to the state by (he United States. 112-2-4
2. Register all said I ond transactions. 112-2-5
3. Make rules ond regulations regarding reclamation protects
on said lands and keep maps and plots for lands selected fer
same 1 12-2-6
4. Requiie a tequesl fof selection of land tu be reclaimed and
designote said fond by legal subdivisions. 1 12-2-7
5. Analyze reclamation requests by considering water supply
feasibility of construction, and capocity of the works. Reject
request ir the State Engineer reports oaversely on ony ufcjove
noted considerations. 112-2-11
B. Articles—Stale Board of Lar>d Commissioners-
1. May lease any portion of the land of the state. 112-3-13
2. Authorized to join in a cooperative or unit plan of develop
merit or operation of oil or gas areas. 112-3-15
3. May cause any portion of state or school lands to be laid out
in lots ond blocks or other trocts by a recorded plot 1 13 3 23
4. Regulate mining development operated under leases from
tho state. Authorized to establish o Mineral Department for
said regulation. 112-3-39
C. Article 4—Reclamation of State lands:
1. Authorized to furnish ond secure water rights for state londs.
112-4-1
2. Authorized and directed to irrigate and improve state lands
when desirable. 112-4-4
3. Holds the power of eminent domain lo ocqmre the desired
nghts or easements, occupancy, or possession 112-4-4
D. Article 7—Forestry:
I. Empowered to sell and otherwise dispose of timber an state
lands.
7. Create and odminister the Colorodo State Forest
Note: 112-7-13 transferred all rights, powers, and duties forprotec-
ting. promoting, and extending the conserwition of forests in
the state to the State Board of Agriculture. However. 3-15-4
transfers the State Board of Agncvftire in respect to fic-
tions performed pursuant to state forest lands f 112-7 l3^K)
112-7-19) to the Department of Netvrerf Revwres The
-------
B legislative Declaration of Policy
I. Encourage the full development of the state's notural resour-
ces to benefit all Colorado citizens.
a Create a Resource Management Plan to fully utilize
natural resources consistent with realistic conservation
principles.
b. Develop the plan as a joint effort between the Governor
and the Executive Director of the Department of Natural
"Resources
c Negotiate with the federal government through the
Governor and the Executive Director in oil resource and
conservation molters
Geographic'Area. Statewide
Divisions Within Department/Office:
A. Water Conservation Board
B. So«l Conservation Board
C. Board of land Commissioners
D. Division of Mines
1. Bureau of Mines
2. Chief Inspector of rCoal Mines
3. Mining Industrial Development Board
E. Division of Water Resources
1 Office of the State Engineer
7 Irrigation Division Engineers
3 Water Commissioners
4. Ground Water Commission
5 Water Well and Pump Installation Contractors Boord
6. Irrigation District Commission
F. Oil and Gas Conservation Commission
G. Colorado Geological Survey
H. Division of Game. Fish, and Parks, and the commission thereof.
Responsibilities of tHe Executive Director:
A. Require on annual report from the head of each subordinate
agency contoining'sucn information and submitted at such time
os the executive director shall decide.
B. Submit on annual report to the Governor and the General Assem-
bly in accordance with the Information Coordination Act. C.R.S. 3-
3-17. 1963 (as amended)
C. Exercise control over publications of the department or any
divisions thereof.
Powers/Controls*
A. May request from the State Board of Agriculture information and
statistics concerning forests and forestry in the state, and other
reports which may be required.
B. Shod hove the power and duty to develop, encourage, promote,
ond implement programs for the prevention, abatement, and con-
trol of litter: and may enter into appropriate contracts forjhe im-
plementation of such a progrom.
C. May contract with the Colorado School of Mines to develop and
conduct research concerning-
1. New ond more efficient methods of mining, preparing, and
utilizing coal.
2. Morkets for coal of the Western United States, and especially
that of Colorodo
3. Development in the scientific, technical, and economic fields
related to the coal industry.
Other Statutory Provisions.
A. The Colorado Open Cut land Reclamation Act of 1969. C.R.S. 92-
13-1 (1969 Supp.) This Act basically colls for the Executive Direc-
tor of the Department of Natural Resources to provide, after
mining operations are completed, for the reclamation and con-
servation of land subject to surface disturbance by open cut
mining.
-------
repeal of this latter provision in 1969 apparently reverts the
original powers back to the Board of Agriculture.
Colorado Geological Survey
• Organic Statu>e
A. Citation. Colorado Revised Statute 64-1-1, 1963 (as amended)
B. Legislative Purpose/Declaration of Policy: Coordinate and en-
courage.by use of appropriate means the full development of the
state's natural resources, os the some ore reloted to the
geological processes thot affect reolistic development of human
and mineral utilization and conservation practices and needs of
the state.
• Geographic Area. Statewide
• Divisions Within Department/Office. None
• Responsibilities:
A. Advise state and local government agencies on geological
problems
B. Promote economic development of mineral resources.
C. Study and inventory state geological information
0. Evaluate physical features of Colorado with reference to present
and potential human and ommol use.
E. Determine areas'of natural geological hazards that could effect
the safety of or economic loss to cihzens.of Coiorodo
F. Prepare necessary reports and maps
Division of Game, Fish, and Parks
• Organic Statute.
A. Statutory Citation-C R S 62-1 through-23. 1963 (os amended)
B. Legislative Declaration of Policy. The fish and wildlifp nnd their
environment, and" the natural, scenic, scientific and outdoor
recreation areas of the stote are to be protected, preserved,
enhanced, and managed for the use benefit, ana enjoyment of
the people of the stote. Includes continuous operation of plan-
ning, acquisition, and development of outdoor recreation lands.
waters, and facilities to provide a comprehensive program of out-
door recreation. 62-1*2(1969 Supp.)
• Geographic Area: State parks and recreation areas.
© Divisions Within Department/Office* Commission of Game, Fish, and
Parks
• Responsibilities: (Noted in Organic Statute. B)
• Powers/Controls:
A. Acquire such interests in land and water as are deemed
necessory for the objectives of the commission 62-1*11 (1969
Supp )
B. Cooperate with stote agencies and other entities for the develop-
ment of game, fish and parks. 62-1-11 (1969 Supp )
C. Adopt rules and reglations for the administration, protection, and
maintenance of all state parks and recreation areas. 62-1-10
{1969 Supp.)
D. Prepare, maintain, and keep up to-date a comprehensive plan for
the development of the outdoor recreation resources of the state.
62-2-0 (1969 Supp.)
E. Examine and investigate, and force into arbitration with the
Governor if necessary all plans which may obstruct damage,
dimmish' destroy, change, modify, or vary the noturol existing
shape and form of any stream or its banks oc tributaries by any
type of construction 62-14-2, -5 (1969 Supp.)
F. Authorized to establish and maintain retreationol trails by the
development of a stote trails system 62-15-1 (1971 Session
Laws)
Division of Mines
• Orgonic Statute
A. Constitutional Citation The position of Commissioner of Mines,
found within the Division of Mines in the Department of Natural
Resources, is created by the State Constitution for those duties
which shall be described by law. (Colorado Constitution, Article
XVI. S 1)
B. Statutory Citation. The Division of Mines includes the following
parts with principal citations
-------
1. Cool Mines
o. Boord of Examiners ) C.R.S. 92-2-1 to 92-2-33
b Inspector of Cool Mines ) (1963)
2. Metal Mines and Mining
o Bureou of Mines—C.R.S. 92-32-1 to 92-32-19 (1963)
b. Mining Industrial Development Board—C.R.S. 92-34-1 to
92-34-5 (1963)
Geographic Area' Mining activities throughout the state
Divisions Within Department/Office- (Noted in Organic Statute. B)
Responsibilities; General regulation of mining activities throughout
the stote
Powers/Controls (reference to specific entities within the division) t
A Board of Examiners (Coal Mines)
1. Examine and qualify mine officiols 92-3-4
B. Inspector of Coal Mines.
1. Examine and report on the activities and conditions of cool
mines 92-3-1
2 May close mine when dangerous conditions exist. 92-3-2
3. Require maps of both surface and subsurface area of mining
activities 92-71
C. Bureau of Mines
1. Generolly examine mine works 92-32-5
2. examine construction of dams, highways, and excavations.
92-32-5
3. Examine surfoce areas disturbed by mining activities and the
methods of stabilization 92-32-5
4 Moy require a performance bond regarding stabilization
work. 92-32-5
0. Mining Industrial Development Board-
1. Encourage the development of mining industry in the state.
92 34-5
Other Stotutory Materials:
A. Surveys—C.R.S. 92-25-1
1. Provide for the survey, plotting, and recording of odjoining.
abutting, or adjocent froctions of patented mining proper-
ties. 92-25-2
2. Provides that the county shall record same ond name and
number such plats ond subdivisions. 92-25-6
B. Mine Drainage Districts—C.R.S. 92-28-1
I Mining claim owners may form a mine drain district for their
common benefit. 92-28-2
2. Shall plat ond record said district with the local county clerk
and recorder. 92-28-9
Division of Water Resources (State Engineer)
• Organic Statute Woter Rights and Irrigation. C.R.S. 148-11-1 to 148-
1 1-25, 1963 (as amended)
• Responsibilities ol Slots Engineer (o summary)—C.R.S. 48-11-3
(1969 Supp.) t
A. Act as executive officer in charge of supervising ail division
engineers.
8. Possess executive responsibility and authority with respect to.
1 Discharge of state obligations imposed by com poet or judicial
order.
2. Securing and implementing legal opinions regarding the
jurisdiction.
3. Coordinating the work of the division with ether depart-
ments of the stote government ond local governmental en-
tities.
4. Construction controcts. ond professional technical or other
contracts related to division operations
5. Division records and investigations regord>ng •'* fwc'ion*
including water well licensing
-------
development of the woters of the state for the benefit of the
present ond future inhabitants of the state.
e Geographic Area- Statewide
e Divisions Within Department /Off ice: None
e Responsibilities!
A. Conduct arid establish a comprehensive water planning program
as defined in Title III of federal "Water Resources Planning Act."
B. Make a continuous studv of water resources of the state, in-
cluding on analysis of tne impact on the potential economic
development of the natural watershed resulting from the transfer
of water from one watershed to another
e Powers/Controls}
A. Develop a plan for the conservation of water in order to secure
the greatest utilization of water and the utmost prevention of
flooas. Said plon includes the designation of storm or flood-water
runoff channels or basins, and said designations be made
availoble to local governmental bodies and ogencies therein.
B. Encourage ogencies formed for the conservation, development,
ond utilization of waters in Colorodo. and financially assist same
in their efforts, including the construction of conservation proj-
ects.
DEPARTMENT OF REGULATORY AGENCIES
Public Utilities Commission
e Orgonic Statute:
A. Statutory Citation: C.R.S. 115-1 through-14, 1963 (as amended)
B. Legislative Declaration of Policy: None
• Geographic Area: Statewide
e Divisions Within Office/Department: None
e Powers/Belies:
A. Service and Equipment—Article 4
1. Determine and prescribe the manner ond particular point of
crossing at whkn trock or other public utility facilities may be
constructed across other similar facilities or public highways,
ond where highways or other utility facilities may cut ocross
trocks. 115-4-6(2) (o) (1969 Supp.)
B. New Construction. Extension. Suspension—Article 5.
1. Issue certificates to public utilities for construction of a new
facility, plant, or system based on proof of present or future
public convenience and necessity. Such certificate is not
reauired if the expansion is into a contiguous area or in the
ordinary course of business. 115-5-1 (I)
Real Estate Commission
• Organic Statute'
A. Statutory Citation-C.R.S. 117-1-3. 1963 (os amended)
B. Legislative Declaration of Policy. None
e Geogrophic Area: Statewide
• Divisions Within Office: None
e Responsibilities: Regulation of real estate transactions and the licen-
sing of business and incfivkfuals engaged therein.
e P»nrs/Pt»tfwi
A. Licensing of real estate brokers ond salesmen. 117-1-5
B. Registration of subdivision developers. 118-16-1 through -7 (as
amended)
LOCAL GOVERNMENT AGENCIES
Board off County Commissioners
e Organic Statute:
-------
6. Rule making for the Division of Water Resources.
7. General supervisory control over management records and
distribution of public waters of the state.
8. Snowfall and prediction of probablerunoff,
9 Making and implementing contracts necessory or incident to
the operation of the division.
10. Any acts, including ru'e-mokmg pr»wpr<. whirh nrp n#»re«»*nry
to effectuate the performance of his duties.
C. May delegote his obligation to any person
D. Assist other state officers and employees with the efficient
discharqe of their duties.
E. Assign location and duties of division employees, utilizing full,
final, and complete authority over said employees for the
discharge of the functions under his authority.
F. Provide educational opportunities and experiences for em-
ployees
G. Be sub|ect to the direction of the Executive Director of the Depart-
ment of Nnturnl Resources with respect to those matters con-
cerning the Division of Water Resources which require coor-
dination with other branches of the Department of Natural
Resources.
H Report to the Executive Director of the Department of Natural
Resources as the Executive Director may require
I Direct the collection and study of wbter supply data regarding
.both surface and ground water in order to mako a more officiont
administration of ihe uses thereof
Comment The duties as outlined obove indicate the brood range of
admin,strativc powers and authority hold by the State Engineer. This
general administrative framework is supplemented by more specific
provisions throughout the various articles under Chapter 148 con-
cerning Water Rights and Irrigation
Soil Conservation Board
• Organic Statute-
A. Statutory Citation CRS 1 28-1-1, 1 963 fas amended)
B. Legislative Declaration of Policy: To establish a constructive
method of land use providing for the conservation and preser-
vation of natural resources, including adequate underground
water reserves, the control of wind and water erosion, and the
reduction of damage resulting from floods.
• .Geographic Area: Statewide
• Divisions Within Department Office: None
• Responsibilities: Conservation and preservation uf natural resource*
through a constructive method of land use.
• Powers/Duties:
A. Promote and assist in the organization of soil conservation dis
triets,"and evaluate petitions for the same, in any soction of the state
where erosion damage exists or is threatened.
8. Act in an odvisory capacity with the Board of'Supervisors of eoch
district and coordinate the programs of all soil conservation
districts.
C. Undertake studies of watershed planning, and develop water
shed flood prevention and underground storage
D. Plan watershed improvement, underground water storoqe Mood
prevention protects, ond conservation and erosion control proc
tices
• Additional Comments The statute also provides for the creotion of
loco! district boards and their powers as follows
A Conduct surveys etc . reloting to soils and water conservation
B. Prepare a plan for the core, treatment, and operotion of londs
within the district. The district progrom and plan or work shall
establish general objectives and serve as a work guide
C. May establish a land use ordinance for the district and levy a to*
if the same is essential for the care of district lands '
Water Conservation Board
• Organic Statute:
A. Statutory Citation C.R.S. 149-1-1, 1963 (as amended)
B. legislative Declaration of Policy: Aid in the protection and
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County Planning Commission
• Organic Statute
A. Statutory Citation-C.R.S. 106-2-1. 1963 (as amended)
B. legislative Declaration of Policy: None
• General Concerns
A. Master Plan
It sholl be the function and duty of the County Plonning Com-
mission to make and odopt o master plan for the physical develop-
ment ot the unincorporated territory of the county. 106-2-5
(1963)
Detailed instructions as to the content of a moster plan are found
in 106-2 5(3). Gencrolly. the plan embodies the Planning Com-
mission i recommendotions as to such thing* as slttwlv
playgrounds, airports, utilities, housing developments, flood con-
trol. and land classification.
B. Zoning Plan
The County Planning Commission stall moke a zoning plon or
plans for zoning all or any port of the unincorporated territory
within such county 106-2-10 Said plon shall then be certified fo
the Board of County Commissioners 'or public hearings and for-
mal resolution. 106-2-11
C. Subdivision Regulations:
Every County Planning Commission in the state shall develop sub-
division regulations for all land within the unincorporated areas
of the county not later than July t. 1971 106-2-34 (1971 Supp.)
(For content of said regulations, note the subdivision regulation
section under the Board of County Commissioners outline.)
Regional Health Department
» Organic Statute-
A. Stotutory Citation. C.R.S. 66-37-1 (1971 Session Lows)
B. Declaration of Legislative Intent: Provide a more effective, ef-
ficient. and expanded local community health service, ensuring
local participation. (Note: Formed by one or more local health
deportments.)
Googrophic Area Designated regions and oxtending over all unin
corporoted areas and municipal corporations within soid regions 66
37-5 (1971 Session lows)
Divisions Within Department/Office: None
Powers/Controls:
A. Enforce laws regarding air and wator pollution controls 66 37-
8(1) (b) (1971 Session Laws)
B. Initiolo and carry out health programs that moy bo deemed
necetsory and desirable lor the protection of public health 66-37-
8(2) (e) (1971 Session lows)
C. Require o septic tank construction and use permit prior to in-
stallation and operation. 66-37-1B (1971 Session lows)
0. Adopt uniform administrative rules and minimum construction
standards for septic tank installation, upon which certificates of
construction shall bo based. Said standards tholl be no less
stringent than the U.S. Department ot Health. Education, ond
Welfare criteria. 66 37 19(b) (1971 Session laws)
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A. Statutory Citation C.R.S. 106-2-1. 1963 (as amended)
B. Declaration of Legislative Intent. The board is authorized to
provide for the physical development of the unincorporated
territory within the county and for the zoning of all or any part of
such territory.
General Concerns
A. MosterPlon:
The Board of County Commissioners shall receive from the Plan-
ning Commission a certified copy of the master plan as developed
ond odoptpd hy the commission I 06-2-8 (1 963)
B. Zoning Plan-
The Board of County Commissioners may adopt, by resolution, a
zoning plan after certification of said plan by the County Planning
Commission to the board The zoning plan shall include a full text
of the zoning resolution ond applicable maps Said plan, which
shall indicate zoning for all or any part of the unincorporated
territory within the county, may regulate land use districts by
type of use and size of improvements. \06-2-10. -II. -12 (1967
Supp.)
Zoning regulations may be enforced by the Board of County Com-
missioners by withholding building permits and for such purposes
may establish the position of County Building Inspector 106-2-13
(1963)
The Board of County Commissioners may amend the zoning
resolution ofter soliciting comments from the Planning Com-
mission and complying with Public Notice and Heoring
Requirements 106-2-15 (1963)
C. Subdivision Regulations
The Board ot County Commissioners shall odopt ond enforce sub-
division regulations for all land within the unincorporated areas
of the county not loter than July 1. 1972. Responsibility for the
development of subdivision regulations rests with the County
Planning Commission 106-2-34 (1971 Supp.)
Items which must be included in.such regulations include the
following
1. Prvpei fy su* vey and ownership
2. Site characteristics and analysis, including streams, lakes,
topography, geology, soils, and vegetation
3, A plat showing the layout or plan of development.
Other minimum provisions of the regulations include
1. Subdivision regulations adopted by a county planning com-
mission pursuant to this section shall include as a minimum,
provisions governing the following.
a. Requirements for suitable areas of recreation, school
utilities, or other necessary public services.
b. Standards and technical procedures applicable* to storm
drainage plans and related designs, in order to ensuro
proper drainage ways.
c. Standards and technical procedures applicable to
sanitary sewer plans and designs, including soil per-
colation testing and required percolation rotes and site
design standards for on-lot sewoge disposal systems
when applicable.
d. Standards and technical procedures applicable to water
systems.
County and District Health Departments
• Organic Statute:
A, Statutory Citation C.R.S. 66-21 -1 through -16 1963 (os amended)
8. legislative Declaration of Policy None
• Powers/Duties (local boards of health)
A. Administer and enforce laws pertaining to' Pub'»c Health ond
rules and regulations of the State Board of Hea^h 66-2-6(2)
B. Select areas after holding public hearings when the Board of
Health will elect to exercise local governmental control and
supervision over the location, construction remodeling, rn-
stallation, and use of septic fanks ond other nonmunicipol waste
disposal systems, and to adopt rules and minimum standards per
taining thereto 66-2-7 (T965 Supp )
C. Roquirc a septic tank construction and uco permit prior to in
sta'lation and operation. 66-2-16 (1965 Supp )
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LAND USE PLANNING IN
COLORADO COUNTIES
A measure of current planning activity is
indicated by the (act that only nine of the
sixty-three counties in the state have
land use planning covering the entire
unincorporated area; another ten have
portions o( the county planned, usually
adjacent to cities and towns and
developed as on adjunct to o municipal
plan.
LEGEND
COUNTIES WHICH HAVE A
COMPREHENSIVE PLAN
E9 COUNTIES WHICH HAVE A COMPREHENSIVE PLAN
-------
ZONING IN COLORADO
COUNTIES
Gaps currently exist in the coverogeand
type of zoning »r> Coiorodo counties
Twenty counties have counfywide
zoning (only four of these have adopted
plans for the entire county.) Twelve
other counties have zoned portions of
their area, of these, four have done so
without the benefit of adopted plans for
the toned oreo
An investigation of zoning practices
reveals that thirty-two of Colorado s
Counties presently have adopted zoning
regulations and some seventeen others
have such regulations in the process of
completion.
LEGEND
m COUNTIES WHICH ARE ZONED
OR PARTIALLY ZONED
CD COUNTIES WHICH ARE ZONED OR PARTIALLY ZONED
-------
COUNTIES WITH A PLAN
AND/OR ZONING
At present only fifteen counties hove
adopted plans, most of which hove been
developed subsequent in time to zoning.
A majority of the counties have adopted
zoning as a regulatory device by
designating all or much of the county as
agricultural or forestry zone with
development review appearing in the
form ot rezoning requests. This practice
allows the county odministrotion some
control over lana use. but if cannot be
construed as planning.
LEGEND
P~-| COUNTIES WHICH HAVE A
PLAN
m COUNTIES WHICH HAVE
^ ZONING
COUNTIES WHICH HAVE
BOTH A PLAN AND ZONING
COUNTIES WHICH HAVE A PLAN ANO/OR ZONING
~ •PLAN
~ ¦ ZONING
S3 •BOTH
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CHAPTER II. MONTANA
1. General
a. Montana is the largest state in Region VIII, and the
fourth largest in the nation. Over the years, Montana has shown
very little growth. Like Colorado and Wyoming, Montana has two
major geographic regions, the Rocky Mountains in the western
half and the Great Plains in the eastern half. Unlike these
other states, urbanization is occuring in the mountainous region
itself, and not along the front range. Montana land tradition-
ally has been used for agriculture, timber production, and some
mining. The current trend is towards more land being used for
urban purposes, recreation, and mineral extraction. Pressures
to develop the land are becoming more apparent than ever before.
The federal government, recreational land speculators, and othe.r
outside pressures are forcing development on Montana's, rural
and unspoiled lands.
b. Montana's remote location, lack of investment capital,
and bad climatic reputation no longer can spare its natural
resources from accelerated exploitation. Resource depletion in
other parts of the country or the world will force development
of reserves heretofore deemed uneconomical or undesirable.13
13John M. Crowley, Environmental Regions of Montana. (Montana
Environmental Quality Council), June 1972 , p.49.
-------
2. Land-Use Laws
a. Montana is the only state in Region VIII with an Envir-
onmental Policy Act in force. The Montana Environmental Policy
Act (MEPA) is modeled after the National Environmental Policy
Act. The Montana Environmental Quality Council was created
under MEPA in July 1971. Much of the information for the land-
use report on Montana is drawn from the first environmental status
report by the Environmental Quality Council. As with NEPA,
the Montana Environmental Policy Act requires state agencies to
write environmental impact statements on projects and actions
that have environmental impact. These are reviewed by other
agencies and the Environmental Quality Council. The effects this
review process can have on land-use is essentially the same as
that which takes place for Federal agencies under NEPA. The land-
1
use implications of federal impact statement review are covered
extensively in Part I of the land-use report. The Montana envir-
onmental Policy Act is a positive tool for bringing about wise
land-use for environmental protection. There is a need for such
a tool in the other five states of Region VIII.
b. Another, more explicit, land-use law is the Montana Flood-
way Management and Regulation Act, which became effective on
July 1, 1971. If properly administered, it will be an effective
tool for flood plain regulation, and a piece of model legisla-
tion for other states in Region VIII. The Act directs the
Montana Water Resources Board to develop and provide information
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to local governments, identifying lands which are unsuited for
certain development purposes because of flood hazard. Once these
areas of the state are delineated, the Water Resources Board
must draw up flood plain regulations. If the local governments
do not adopt these land-use regulations, the state is empowered
to enforce its own:
If within one (1) year from the date of trans-
mittal of the flood-plain information to officials
of the political subdivisions, any political sub-
division has failed to adopt land-use regulations
which meet or exceed the minimum standards of the
board, the designated floodway shall be enforced and
no artificial obstruction or nonconforming use shall
be established by any person within the floodway-
encroachment lines for such a fifty-year flood as
established by the board under subsection (2) of this
section, unless specifically authorized by the board.
The Water Resources Board has completed floodway studies in
five areas, and expects to publish draft regulations in the
spring of 1973. The regulations are subject to public hearings,
and an environmental impact statement must be written under MEPA.
b. Under present zoning laws, there is some question
whether counties will be able to promulgate flood plain regula-
tions within the one year time limit. This may necessitate a
change in the state zoning laws or require state enforcement
of flood plain regulations. Municipalities will be able to
adopt regulations much easier than will counties under the
present zoning laws. Great Falls, Montana already has flood
•^Section 89-3504(3) of Montana Floodway Management and
Regulation Act.
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-181-
plain regulations.
c. A copy of the Montana Floodway Management and Regulation
Act is included as an appendix to this Montana land-use report.
3. Water Resources
a. Montana is the only state in Region VIII that does not
have centralized state control of water rights. Each county
judicial system (there are 56 counties) handles its own water
rights. The confusion this causes is phenomenal. At one time,
all the western states used this system, but the other states
have long since abandoned it. Montana counties have divided
and subdivided since 1865, and the water records often were not
transferred accordingly. In addition, many streams flow through
more than one county. Not only is it difficult to identify
who owns the water rights within a county, but it is nearly
impossible to determine ownership on a river that flows through
several counties. Less than half the counties comply with
state law by sending copies of new water transactions to the
state Water Resources Division. Without good records, it is
difficult to formulate a state water plan, which is also re-
quired by law.
b. Under the Montana Water Resources Act of 1967, the state
Water Resources Division was charged with development of a State
Water Plan and promulgation of regulations to effect the pur-
poses of the Act, which include the optimum beneficial use of
-------
-182-
water, no waste of water resources, the use of water for max-
imum social and economic prosperity, and the protection of water
supplies for public recreational uses and for the conservation
of wildlife and aquatic life. In the five years since passage,
no regulations have been adopted under the Act. Moreover, the
required water plan only now is being completed. This extreme
bureaucratic lag has allowed numerous federal water projects
to preempt state water needs.^
c. There is a great need for a centralized system for the
granting of water rights in Montana. The confusion caused by
the present system makes it impossible to intelligently plan
for the water needs of the state. Since water is usually a
determinant of land use in the west, this confusion also makes
comprehensive land-use planning very difficult.
4. Powder River Basin Coal Development
a. When asked to identify the major land-use problems of
Montana, most environmental groups and state agencies named the
Powder River coal development as a primary concern. The Bureau
of Land Management owns 80% of the mineral rights in the basin,
so the development is discussed extensively in the BLM section
of this land-use report.
b. The impact of this coal development will be especially
great for Montana, which is characterized by a sluggish economy
"^Montana Environmental Quality Council, State Agency
Programs and Activities. July 1972. p.26.
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-183-
a slow rate of growth, and an agrarian society. Thomas Gill
describes the socio-economic and the land-use impact in the
Montana Environmental Quality Council report:
"The increased tax base is often temporary in
the case of coal mining and coal-related industry.
Unless reclamation is unusually successful and the
land is restored to a productive condition, strip
mining destroys the tax base. When the coal is deple-
ted and the power companies move their plants closer
to new fuel supplies, spoil banks have little tax
value. The present standard of living in the Appala-
chian coal fields demonstrates the long-range econ-
omic impact of indiscriminate mining. The coal and
power companies have departed, leaving the people
with no jobs and the government with nothing to tax.
As the coal reserves in Montana are exhausted, a
similar situation would almost certainly develop if
the long-range consequences are not anticipated and
appropriate,solutions incorporated into comprehensive
planning."16
Mr. Gill goes on to say, "Above all, if the planning efforts
of Montana and other coal reserve states are to have any hope
w
of success, the most imperative need is for a national energy
policy and a national program for moderating energy consump-
tion by encouraging conservative rather than maximum energy
use."17
c. In addition to land consumption of strip mining, the
planned power generation and coal gasification plants could
consume up to 7 51 of the available water supply in the Powder
River basin. Competition for the remaining water could become
intense as these industries expand. The coal development would
^Thomas J. Gill, Coal Development Potential in Eastern
Montana (Montana Environmental Quality Council) p. HT
17Ibid. p. 19.
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-184-
preclude any further irrigation projects and seriously
diminish the recreational value of the Yellowstone River.
It also might cut short the domestic supplies needed by.
accompanying population increases.
d. The effect of the proposed coal-fired power gener-
ation facilities on air quality can best be illustrated by
comparing them with an existing facility. The 2,075 megawatt
Four Corners plant in New Mexico is equipped with scrubbers
and electrostatic precipitators. This plant still emits 465
tons of particulates each day, and has a plume of pollution
traceable to the plant as far as 140 miles away. Several of
the Powder River basin plants proposed for Montana are 2h
1 8
to 5 times as large as the Four Corners plant.
5. Other Mineral Development
a. The State of Montana is rich in minerals, but. very
few of them have been developed. The mineral industry in
Montana depends on price and demand, rather than the presence
of the raw material.- Distance from markets or limited mar-
kets have prohibited development of many Montana minerals,
including iron, tungsten, manganese', asbestos, bentonite,
gypsum, chromite, and phosphate.
b. Montana has 80% of the' total* U.:S. chromite reserves.
These have not been developed because at present, the price
18Ibid. p. 11
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-185-
of domestic chromite cannot compete with that of imported
chromite. Total Montana phosphate reserves are estimated
to be in excess of 24 billion tons. The Institute of Ecol-
ogy indicates that if present trends continue, all known
phosphate reserves will be exhausted by the end of the 21st
century. As the supply of this important agricultural
product dwindles in other regions, Montana's reserves will
become increasingly important.
c. Copper deposits are scattered throughout Rocky
Mountain Montana, but 99% of the present production comes
from the Butte district. Copper has been mined for 90
years at Butte, and total reserves are estimated to be more
than 9 million tons.19 The copper industry has always pre-
sented serious air quality problems from the smelting process.
d. Coal is being strip mined on an Indian reservation
in eastern Montana. Since the Bureau of Indian Affairs is
involved, some believe that the BIA is breaking the law by
not filing an environmental impact statement. The situation
is a complex one, since the lands in question are Indian-
owned and held in trust by the U.S. Government. The Indians
have the authority to lease such lands, with approval from
the Bureau of Indian Affairs. Since the leasing is Indian-
initiated, the BIA reasons that such leasing is not a govern-
mental action, and thus, that it is not covered by the
^John M. Crowley, Environmental Regions of Montana
(Montana Environmental Quality Council} p.32.
-------
-186-
National Environmental Policy Act. This is also apparently
the intent of Congress, because an amendment to the Indian
Affairs Act concerning this was passed after NEPA. The amend-
ment states that before the Bureau of Indian Affairs approves
a lease on Indian trust land, the Secretary of Interior must
satisfy himself that the environment will be adequately pro-
tected. The question that must be asked is this: How can
the Secretary of Interior determine the environmental impact,
if an impact sattement is not written and no comments are
received from other agencies? The Bureau of Indian Affairs
excuses itself from an impact statement under NEPA; yet, the
amendment to the Indian Affairs Act seems to indicate that
one should be written if the Secretary of Interior is to deter-
mine environmental impact.
6. Timber Production
a. Montana is the most productive timber state in Region
VIII. There are some 8 million acres of sawtimber and more
than 6 million acres of commercial pole timber. About 68 per-
20
cent of this is on federal land. Lumber and wood products
account for more income to the state than any other activity.
b. Timber stand improvement practices such as thinning,
pruning, and harvesting are not carried out on 41 percent of
the commericial forests in the state. When these practices
are implemented, they produce more and higher quality wood
20
Ibid, p. 42.
-------
-187-
on a given land area. Under intensive managment, the needs
for wood products could be met using a much smaller acreage
for timber cutting. Under the present economic situation,
however, it is cheaper to cut extensive tracts of forest land
than it is to manage a smaller area for timber production.
c. Cutting over and beyond a sustained-yield cut takes
place near many communities supported by sawmills. Large
tracts of commercial forest land denuded by fire and timber
harvest in the last several decades remain unstockcd.
d. Because of the magnitude of the forest products in-
dustry in Montana, air pollution from teepee burners and
on-site slash burning is a major consideration in maintaining
air quality. Most of the slash burning takes place on federal
property (Forest Service land). Other methods of slash dis-
posal are available, and the EPA should encourage the Forest
Service to explore alternative slash disposal methods, despite
their higher cost.
7. Outdoor Recreation
a. Recreational opportunities in Montana are concentrated
in the mountainous western half of the state. At present,
Montana has 26 ski areas, two national parks, and 43 state
parks. The nationwide demand for outdoor recreation is ex-
pected to triple by the year 2000. Because Montana is one
of the few remaining states containing significant amounts
-------
-188-
of relatively unspoiled land, demand by both, residents and
non-residents will probably increase at an even more rapid
rate. It is anticipated that Rocky Mountain Montana will
become increasingly attractive for retirement and vacation
homes. This is already indicated by the increasing popula-
tion in the area and the flurry of real-estate activity.
All too often these mountain homes are equipped with septic
tanks. The thin soil and fractured bedrock in the mountains
causes these septic systems to contaminate groundwater drink-
ing supplies. The authority of the state Health Department
is very limited in this respect.
b. The most controversial recreational development in
Montana is the Big Sky development near Bozeman. Big Sky
Corporation is a subsidiary of Chrysler Corporation. About
9,000 acres will be involved in a huge land sale and develop-
ment project. Two major villages will be built. Both will
include vacation homesites, condominiums, restaurants, hotels,
and the like. The summer village will include an 18 hole
golf course, horseback riding, swimming, and an extensive
trail system. The winter village, four miles away, will be
a ski resort similar to Vail, Colorado. Two mountains will
be dissected with ski trails and lifts to accomodate the
expected influx of skiers. , In short, Big Sky is ;the ultimate
in mechanized, urbanized outdoor recreation.
1. Opponents of the project have sought several
means of stopping Big Sky, but they have not succeeded so far.
-------
-189-
Ten miles of improved road is needed to link the two villages
to a main highway. Big Sky is depending on the State Highway
Department to build it. Opponents have filed suit against
the federal Secretary of Transportation, contending that pub-
lic funds should not be expended on the project. Another
suit has been filed against the Forest Service to block a
land exchange at the base of the mountain which Big Sky needs
to develop its skiing village. Despite the suits, Big Sky
Corporation is going ahead as planned, confident that the
development is inevitable.
2. Looking into the future of Big Sky, environmentalists
are trying to have the present Spanish Peak Wilderness Area
enlarged to prevent extension of the Big Sky road over the
divide and into the town of Ennis, Montana. The land in
question is eligible for wilderness classification. Official
designation as a wilderness area would effectively block ac-
cess to Big Sky from the west, and would tend to limit its
development. Metcalf is introducing a bill to bring
about the needed enlargement of the Spanish Peaks Wilderness
Area.
3. It is unfortunate that the State of Montana is
promoting the Big Sky development. Big Sky was the highest
priority of the Montana Department of Planning and Economic
Development in 1971, taking precedence over the revision of
state planning laws, assistance to local comprehensive planning
-------
-190-
21
and state planning activities.
c. The national Wilderness Preservation Act is taking
on particular significance in Montana. About 1.5 million
acres in Montana's eleven national forests have been classi-
fied as wilderness and are part of the National Wilderness
Preservation System. An additional 420,000 acres are under
immediate consideration for inclusion, and numerous other
Montana wildlands are qualified.
d. The Montana Stream Preservation Act outlines the
policy of the state to preserve natural stream conditions ex-
cept where necessary or appropriate after consideration of
all factors involved. It requires state agencies to submit
proposed alteration plans to the Montana Department of Game
and Fish for recommendations and arbitration if necessary.
This is a powerful tool in dealing with agencies like the
State Highway Department. Still, the exemptions to the Act
are.of major importance. Neither irrigation projects nor
private individuals are subject to review under the Stream
22
Preservation Act.
e. Several major Montana lakes are becoming eutrophied
because of recreational development. On Flathead Lake, dredging
and filling operations to create more shoreline are encroach-
ing upon the lake and causing local turbidity problems. The
Army Corps of Engineers does not consider itself responsible
21
Montana Environmental Quality Council, State Agency
Programs and Activities (July 1972]; p'. 24.
^Ibid. p. 33.
-------
-191-
for issuing permits foT these operations because, according
•»
to the Corps, Flathead Lake is not a navigable waterway.--
f. Georgetown Lake is very shallow and has a chronic
eutrophication problem. This is aggravated by improperly
designed septic facilities of lakeshorc residences, pushing
of fills into the lake to extend cabin sites, and bank erosion
accelerated by waves from power boats. Tests conducted by
the EPA during the winter, 1970-1971, showed that below 15
feet the lake was completely devoid of oxygen.24
8. Agriculture
a. Agriculture presently consumes more water through ir-
rigation than any other activity in the state. Montana agri-
culture is overproductive for the present markets. Farmers
depend heavily on government price controls to.maintain an ac-
ceptable income. It is expected that the amount of land in
cultivation will continue to decrease in response to overpro-
duction. However, the state's most productive agricultural
lands should be reserved from competing use to keep long-term
options open. Agricultural concerns are already experiencing
problems with urban sprawl into prime agricultural land. This
is best exemplified in the Yellowstone and Gallatin valleys
where uncontrolled subdivision brings temporary wealth to
farmers in exchange for permanent loss of agricultural land.
23Loren L. Bahls, Eutrophication in Three Western Montana
Lakes (Montana Environmental Quality Council); July 1972, p. 4.
24Ibid. p. 5.
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-192-
b. Under the 1969 Montana Conservation Districts law,
districts can formulate land-use regulations for the conser-
vation of soil and water resources and the prevention and
control of erosion. Erosion is the leading source of nonpoint
pollution in Region VIII. Though they have been given the
authority, Montana conservation districts have not followed
the petition, hearing and voting process required to promul-
gate land-use regulations. This is probably due both to the
complexity of the process and a general mistrust of land-use
regulations or control in Montana.
9. Urbanization
a. The 1970 Montana census showed only a 3 percent in-
crease in population over 1960. However, the cities of Billings
and Great Falls accounted for 85 percent of that increase.
Extensive subdivision development is now occurring near Bozeman.
b. The Department of Planning and Economic Development
is promoting county-wide subdivision regulations and is drafting
model subdivision regulations in response to this suburban
growth. Most counties have not adopted regulations thus far.
c. The Montana Department of Health has almost no power
to regulate subdivisions, even to insure adequate water and
sewage facilities. The authority given the Health Department
is so full of loopholes that it is highly unlikely that the
Health Department can get accurate information on a given sub-
division. There is a need for revision of the Montana statutes
in this respect.
-------
APPENDIX
Montana floodvray Management and Regulation Act
CEffective July 1, 1971)
-------
CHAPTER 35—FLOODWAY MANAGEMENT AND REGULATION
Section 89-3501. Findings.
89-3502. I'olicv and purposes.
89-3503. Definition?.
89-3504. Program lor delineation of floodways—floodway-eneroachmtnt lines
—land-use rt-yul;itions.
89-3505. Artificial obstruction* and nonconforming uses as nuisances.
8943506. Establishment of artificial obstructions or nonconformin:: ust.s un-
lawful—permitted open sp:icc u;c?—prohibited nonco'iiorniin^ uses.
89-3507. Permits for obstructions—application—factors considered—fees.
89-3503. Powers and duties of board relative to obstructions.
89-3509. Authority to enter and investigate lands or waters.
89-3510. Ob-tructions exempt where drainage area is small.
89-3511. Orders and rules—judicial remedy.
89-3512. Floodway obstruction removal fund.
89-3513. Penalties for violation.
89-351-1. Permit construed a^ added requirement—exception—immunity.
89-3515. Remedies not exclusive.
89-3501. Findings. The people of the state of Montana find that re-
current flooding of a portion of the state's land resources causes lo.vs of
life, damage to property, disruption of commerce and governmental
services, and unsanitary conditions; all of which are detrimental to the
health, safety, welfare and property of the occupants of flooded lands
I >1 .. . . I . ml » It | ^ 4 . ( M #•«*-> I i l< ^ 4 4 1 - - •> . . L I ' . ! I J • . . , 4 . 11 . < .
UllU tilC '.III.- I'I l < . HUM i M <« • til- J ' • I • ' I I' f t | • », | * - t IIV','.
twiU U^uxuiuti • mic iiui1:* 11«i '...uris »; ¦:::: :
consistent with sound land and water tisr management practices which
will prevent and alleviate llooding threats to life and health and reduce
private and public economic losses.
HUtory: En. Sec. 1, Ch. 393, L. 1971. provide for certain duties and powers of
the Montana water resources bo.ud as
Tttle Of Act prescribed; to provide for a lloodway
An act relating to management and obstruction removal fund; to doclatc cer-
regulation of the floodways of water- tain acts unlawful; and to provide for
courses as prescribed; to define terms; to penalties.
89-3502. Pblicy and purposes. The policy and purposes of this act
arc to guide development of the flood way areas of this state consistent
with the enumerated findings; to recognize tlic right and need of water-
courses to periodically carry more than the normal flow of water; to
i
-------
89-3503
WATERS AND IRRIGATION
provide state co-ordination and technical assistance to local units in man-
agement of flood v. ay areas; to co-ordinate federal, -state and local
ageimnt activities for floodway areas; to encourage local government-1
units to marine^' il'-rid-prone 1,-uu!-" including the rulrij>tiori. rmorccment ai:-i
adrnini.-,trntion 01 iand-usc regulations and to provide the .Montana watir
resources board v. itli authmity necessary to carry out a comprehenMu
floodway managenu nt program :or the state.
Specifically, it is the purpose of this act to:
(1) restrict or prohibit u-cs which are dangerous to health, safety im-
properly in times uf flood or cause increased flood hcit-> or \elocitie-.:
(2) rc11uirc that uies vulnerable to flood.-, including public facilities
which serve such u-es, be piovided with lloud protection a', the time oi
initial construction;
(3) develop and provide information to identify lands which are
unsuitcd for ceitain development purposes because ot liood hazard.
History: En. See. 2, Ch. 393, L. 1971.
89-3503. Definitions. As used in this act, unless the context other-
wise requires:
(1) "A flood of fifty-year frequency" shall mean a liood magnitude
expected to recur on the average of once every fitty f:0) years, or a flood
magnitude which has a two per cent (2^c) chance of occurring in an)'
given year;
(2) "Artificial obstruction" shall mean any obstruction which is not
a natural obstruction;
(3) "Channel" shall mean the geographical area within either the
natural or artificial banks of a watercourse or drains ay;
(4) "Board" shall mean the Montana water resources board;
(5) "Designated floodway" shall mean a flnodway wlio.-e limits ha\e
been designated and established by order of the board.
(6) "Drainway" shall mean any depression two (2) feet or more be-
low the surrounding land serving to give cliu-otion to a current ot water
less than nine (9) months of the > ear, having a bed and w ell-dctined banks ;
provided, that in the event of doubt as to whether a depie-sion is a water-
course or drainway, it shall be presumed to be a watercourse;
(7) "Flood" shall mean the water of any watercourse or drainway
which is above the bank or outside the channel and banks of such water-
course or drainway ;
(8) "Floodway" shall mean the channel of a watcicourse or drain-
way and those portions of the floodplain adjoining the channel which are
reasonably required to carry and discharge the liood water of any water-
course or drainway;
(9) "Floodway-encroachment lines" shall mean the lines limiting a
designated floodway;
(10) "Floodplain" shall mean the area adjoining the watercourse or
drainway which lias been or may hereafter be covered by liood water;
ii
-------
FLOODWAY MANAGKMKNT AND REGULATION
89-3504
(11) "Establish" shall mean construct, place, insert, or excavate;
(12) "Natural obstruction" shall mean any rock, tree, gravel, or
analogous natural matter that is an obstruction and has been located
within the tloodway by a nonhuman cause;
(13) "Obstruction" >hall mean any dam, wall, riprap, embankment,
levee, dike, pile, abutment, projection, revetment, excavation, channel
rectification, bridge, conduit, culvert, building, refuse, automobile body,
fill, or other analogous structure or matter in, along, across, or projecting
into any floodwav which may impede, retard or change the direction of
the flow of waltr, cither in itself or by catching or collecting debris carried
by such water, or that i« placed where the natural ilow of the water would
carry the same downstream to the damage or cictiimciit of either life or
property;
(14) "Owner" shall mean any person who has dominion over, con-
trol of, or title to an obstruction;
(15) "Political subdivision" shall mean any incorporated city or town
or any county organized and having authority to adopt and enforce land-
use regulations; and
(1C) "Watercourse" shall mean any depression two (2) feet or more
below the surrounding land serving to give direction to a current of water
at least nine (9) months of the year, having a bed and well-defined
banks; provided, that it shall, upon order of the board, also include any
particular depression which would not otherwise be within the definition
of watercourse.
Ki»lc>y; En. See. 3, Cn. iy?l.
89-3504. Program for delineation of floodways — floodway-encroach-
ment lines—land-use regulations. (1) The board shall initiate a com-
prehensive program for the delineation of designated floodways for every
watercourse and drainway in the state. It shall make a study relating
to the acquiring of flood data, and have authority to enter into arrange-
ments with the United States geological survry, the United States army
corps of engineers or any other state or federal agency for such acquisi-
tion.
(2) When sufficient data have been acquired to reasonably locate
the floodway of a flu"d of fifty-year frequency, the board shall establish,
by order, after a public hearincr. Iloodway-rnrroachmrnt lines tor such a
* floodway within which a political subdivision may establish land-use
regulation. The board shall furnish such data to ollicials of the political
subdivision having jurisdiction over such areas together with a map out-
lining the areas involved, a copy of this act, adopted rides and regulations
of the board, and Miggestcd minimum standards. These standards, rules
and regulations shall reilect gradations in llood hazard ba-cd on flood
frequency and other cntciia as outlined in subsection of section 7
[89-3507 (2)J of this act. The location of the encroachment lines shall he
the estimated outer boundary of the lloodway of fifty-year frequency
flood, as determined from the available data. The board shall record all
floodway-eneroachment lines established by it in the ollice of the county
clerk and recorder of each county in which such lines arc found. The-
-------
89-3505
WATERS AND 1KKIGATION
board shall have the power to alter Midi lines at any later time, by
order, alter a imbhc hearing if a rc-cvalnation of the then available li^od
data warrant'; it. Notice of any such hearing or order of the board estab-
lishing or altering any such line shall be given by publi -hiny such notice
once each week for three consecutive weeks in a legal newspaper 'pub-
lished or of general circulation in the area involved, the last publication
of which shall be not less than ten (10) days prior to the date set for
the hearing or the effective date of such order.
(3) If within one (1) year from the date of transmittal of the flood-
plain information to otticials of the political subdivir.ions. any political
subdivision has tailed to adopt land-use regulations winch meet or exceed
the minimum standards of the board, the designated jioodway shall he
.enforced and no artificial obstruction or nonconform-,!!'.: vise shall be
established by any person within the lloodway-encroaehmcnt lines tor
such a fifty-year riood as estpblished by the board under subsection (2) of
this section, unless specifically authorized by the board.
History: En. Sec. 4, Ch. 393, L. 1971.
89-3505. Artificial obstructions and nonconforming uses as nuisances.
Any artificial obstruction or nonconforming use in any designated flood-
way enforced under subsection (3) of section 4 [89-350-1 t'3j] of this act
and not exempt under section 6 [S9-3506J of this act is hereby declared
to be a public nuisance unless a permit has been obtained for such
artificial obstruction or nonconforming use from the board.
History: En. Sec. 5; Ch. T. 1971.
89-3506. Establishment of artificial obstructions or nonconforming
uses unlawful—permitted open space uses—prohibited nonconforming
uses. (1) It shall be unlawful for a person to establi-h any artificial
obstruction or nonconforming use within a designated lloodwav, or (2)
for any owner to permit any artificial obstiuction to remain within a
designated floodway without a permit from the board, This act shall not
affect any existing artificial obstruction or nonconforming use established
in the floodway prior to the effective date of this act and before the boaid
has enforced a designated floodway under subsection (3) of section -I
[89-3504 (3)] of this act; provided, that no person shall make nor shall
any owner allow alterations of any artificial obstruction within a desig-
nated floodway whether the obstruction proposed for alteration was lo-
cated in the floodway before or after the effective date of this act except
upon express written approval of the board. Maintenance of an obstruction
shall not be construed to be an alteration.
(2) The following open space uses shall be permitted within tlitr
.designated floodway, to the extent that they are not prohibited by any
other ordinance or statute, nncl provided they do not require sti uctuies
other than portable structures, fill, or pei nianent storage of materials or
equipment; (rJ agricultural uses findustrial-commercial v^cs
-------
FLOODWAY MANAGEMENT AND REGULATION
89-3507
archery ranges/ picnic ground?. boat launching ramps, swimming areas,
parks, wildine man.vemcnt nn'l natural areas. frame farms, fish hatcheries,
shooting preserves. target ram'is, trap and skeot ranees, hunting and
fiihiug areas, ami hor^-bark r •'! * 11 nils fd) forestry, including
processus 1.1 f.ji-l pioduti:. v. ith portable equipment (e) residential
uses such as law:..!.
tion that wiil cause water to be diverted from the established doodwav, :
cause erosion. oDstruct the natural flow of water, or reduce the carrying
capacity of the lioodway (c) the construction or permanent storage of ;
any object subject to flotation or movement during ilood level periods. 1
History: En. Sec. 6, Ch. 393, L. 1971. -J
89-3507. Permits for obstructions—application—factors considered—
fees. (1) The board shall have the power to irsue permits for the ^
establishment or alteration of obstructions which would otherwise violate \
section 6 [£19-3500] of this act. The application for the permit shall con-
tain such information as the board shall require, including complete
maps, plans, profiles and specifications of the obstruction and water-
course or drainway.
(2) In passing upon such application, the board shall consider fa) the
tO life 2nd *T9pp!"tv bv v ?tp!" ^vhirh miv Hp h^rl-rrl nn nr Hiv^rtnH
by such obstruction, v_bj i;ic n
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-193-
CHAPTER III. WYOMING
1. General
a. To understand Wyoming's position on land-use, it is
helpful to know some of the unusual circumstances inherent to
the land in the state. The Federal government administers
48 percent of the total surface land in the state. This land
is divided between the Forest Service, the Park Service, the
BLM, the Bureau of Reclamation, the Bureau of Indian Affairs
(Wind River Indian Reservation). The State of Wyoming administers
6 percent of the land through the State Land Board. This is
trust land administered for the support of state institutions.
The remaining 46 percent of the land is privately owned. Since
nearly half of the land in the state is controlled by the Federal
government, Wyoming state land-use policies affect only 54 per-
cent of the total land area.
b. The economy of the state is highly dependent on raw
materials and natural resources. There is very little manu-
facturing. In terms of dollar values, mining is the leading
industry. It is followed by livestock production, then tour-
ism and recreation.
c. About 80-8S percent of the land in Wyoming is grazed.
This includes much of the federal land. Very little land is
cultivated.
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2. Agriculture
a. In Wyoming, agriculture is almost synonymous with live-
stock production. There are two kinds of livestock operations
in Region VIII, grazing and feedlots. At present, feedlots
are of minor importance in Wyoming. However, in the future,
more and more feedlots are expected because of the greater ef-
ficiency and minimal land area involved. The problems of soil
compaction and solid wastes are inherent in such operations.
The Wyoming Department of Agriculture, in cooperation with the
University Extension and the Department of Health, has drawn
up feedlot density and operation guidelines with emphasis on
location, ponding, buffer zones, favorable soil, and air pollu-
tion. The state has no authority to enforce these or any other
feedlot guidelines.
b. By far, the greatest livestock production comes from
grazing. Instances of range damage from livestock are fairly
common, especially around watering holes and roundup areas. In
severe cases, this range damage involves loss of palatable forage
and soil erosion. About 75 percent of the rangeland in Wyoming
is overgrazed and needs changes in livestock management or more
drastic measures.
c. Most of the land administered by the State Land Board
is used for grazing. The land board has more than 3h million
25
State Soil and Water Conservation Needs Committee, Wyoming
Conservation Needs Inventory (Casper, Wyoming; June 1970); p. 14.
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acres leased for grazing, compared to 9,739 acres for culti-
vated agriculture.
d. Soil Conservation Districts are an active force in both
grazing and cultivated agriculture. These districts are volun-
tary organizations which are legal entities of the state, much
like a fire district. The districts are aided by federal soil
conservationists in each district or work unit. About 98 per-
cent of the land area in Wyoming is in a soil conservation dis-
trict. This includes federal (except the National Parks) and
state-owned lands as well as townsites. Not all states in Region
VIII include townsites in their districts. By including them,
Wyoming districts have been able to have an input on erosion
problems caused by urbanization. An important part of the Soil
Conservation District function is the preparation of resource
inventories. About half the districts in Wyoming have completed
them. These inventories outline land ownership, land use, geolo-
gy, climate, soils, water resources, wildlife and recreation re-
sources, minerals, human resources and industry, and transportation
in the district or county. These could and should be used for
land planning at the local and, particularly, the county level.
The resource inventories are not available for public use in
some districts, however. The Region VIII YAB Wyoming representa-
tive was refused a copy in the district where he lives, on the
grounds that it was "none of his business." On the other hand,
some districts are quite willing to share their inventories.
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-196-
In Wyoming, where land-use planning is almost non-existent,
these resource inventories provide a valuable base of informa-
tion, but only if they are made public.
e. The relatively small area in Wyoming under cultivation
includes croplands in silage corn, alfalfa hay, beans, sugar
beets, and malting barley. Very little of this land is in the
Set-Aside Program of the Agricultural Stabilization and Conser-
vation Service (the Old Soil Bank Program), and the crops being
raised are not in surplus.
f. Some of the land brought under dryland cultivation under
the Homestead Act was, and still is, unsuitable for cultivation.
Soil Conservation Districts often recommend removing such crop-
land from cultivation and converting it to pasture for livestock
after they do a soils inventory of the property. This conver-
sion is, of course, voluntary, but the districts have received
good cooperation because economic benefits of conversion can
be shown. The Great Plains Program of the Soil Conservation
Service is administered through the districts. This program
encourages farmers and ranchers to formulate a land-use plan
for their property and carry these plans out over a period of
years, through providing cost-sharing and technical assistance
for this purpose. The net effect of this program is often a
conversion of unsuitable cultivated land to grazing land.
Statewide, 72,027 acres still need a change in land-use to
. , . .. 26
perennial vegetation.
26Ibid. p. 10.
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-197-
g. While some land is taken out of cultivation because of
the Soil Conservation Districts, other land is being brought
under irrigated cultivation because of farm loan programs in
the Wyoming Department of Economic Planning and Development
(DEPAD). DEPAD administers $20,075,000 in farm loans for ir-
rigation facilities. In 1971, these loans were used to develop
5,078 acres of new irrigated land and to improve 2,432 acres
of existing irrigation facilities. The DEPAD program is only
four years old, so although their impact is relatively minor,
they can be expected to have a greater impact in the future.
h. The net effect of the complex interplay of these agen-
cies is a shift in Wyoming agriculture from dryland to irrigated
cultivation, and from dryland cultivation to grazing. Consider-
ing Region VIII's experience with dryland cultivation and the
Dust Bowl of the '30s, this seems to be a desirable shift.
i. The Wyoming Department of Agriculture is doing a compre-
hensive land capability study on sample plots across the state.
These 160-acre plots are carefully analyzed to determine soil,
population, cropping patterns, climate, and other factors.
This data is put into a computer system called MIADS to try to
determine the use capabilities of the plots. It is hoped that
a land capability program can be formulated that would apply to
general areas of the state.
3. Mineral Extraction
a. Mineral extraction accounts for more revenue to the
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-198-
state than any other activity. Recent actions by the Bureau
of Land Management concerning coal leases hre having quite an
effect on Wyoming. As of March 197.1, no new coal leases have
been issued by the BLM for federal land. This includes BLM,
Forest Service, and Indian Reservation lands, which amount to
about half the land area in the state. The Washington office
of the BLM is currently reassessing present coal leasing poli-
cies, so the only coal lands available in Wyoming for lease
are state and private lands.
b. The State Land Board, as of June 30, 1970 had leased
over 6 million acres for mineral, oil, and gas extraction.
Another large mineral owner is the Union Pacific Railroad.
When the state was created, the railroads were given 5,749,000
acres in Wyoming. They sold most of the surface rights, but
retained the mineral rights.
c. There is an extensive subbituminous coal deposit in the
Powder River Basin in Wyoming. About half the mineral rights
belong to the BLM, so their leasing policies will be a determin-
ing factor in the development of this vast resource. The biggest
problem is one of water availability. Large volumes'of water
are required for the generation of electric power, coal gasifi-
cation, and other coal developments proposed for the basin. In
most instances, the water is not adjacent to the coal fields,
and the moving of water to the coal wil] require expensive and
complicated transportation systems. A more complete descrip-
tion of this nationally significant coal deposit will be found
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-199 -
in the Bureau of Land Management section of this land-use report.
d. Wyoming strip-mining regulations are generally considered
among the strongest in the nation. The Open Cut Land Reclamation
Act became law in 1969, and it is administered by the State Lard
Board. The extent to which the law is enforced is open to ques-
tion, however. Several Wyoming residents have indicated cases
of violations which are being overlooked or ignored.
e. Joint research by the State Forest Service and the
Mining Reclamation Division of the State Land Board is being
conducted concerning the feasibility of using wood wastes from
lumber mills as a soil conditioner for strip mined areas. Where
this can be carried out, it solves a dual problem: disposition
of wood wastes and improved soil structure in strip mined areas.
Right now, it is transportation costs that are prohibitive.
f. Strip-mining in Wyoming should be distinguished from
that taking place in the East, particularly in Appalachia. Most
of the land now being stripped in eastern Wyoming is native
shortgrass prairie with rolling topography. There is no destruc-
tion of 100 year-old forests or removal of entire mountainsides.
Because of Wyoming's semi-arid climate, however, revegetation
efforts have been largely unsuccessful. Thus, strip-mining in
eastern Wyoming does not create major ecological disaster areas
as is the case in the Appalachians. The loss of vegetation and
land productivity is a more subtle form of land destruction.
g. The western half of Wyoming is mountainous, forested
-------
-200-
country, and is subject to very extensive environmental damage
from strip-mining. Since most of the land in western Wyoming
is federal property, it will be interesting to see what the BLM
finally decides to do about strip-mining. Until then, strip-
mining for caol is suspended for most of western Wyoming.
h. In uranium mining areas, a problem has become apparent
that is limiting land- usage in specific areas. The problem
first became apparent in Grand Junction, Colorado where uranium
mine tailings were used as backfill in building construction.
These tailings give off a radioactive gas called radon, which
penetrates concrete foundations and becomes trapped in closed
buildings when the tailings are used for backfill. In an open
ore or tailings impoundment, this radon escapes into the atmo-
sphere at safe levels of concentration. Residents of Riverton,
Wyoming became very concerned with this, since there are abun-
dant supplies of uranium tailings in the area which might have
been used in construction. The AEC ran tests on Riverton and
found no unsafe conditions. However, this brought about issu-
ance of an AEC memorandum to the Reclamation Division of the
State Land Board. According to the AEC, buildings should never
be erected over uranium mine tailings, due to the long radio-
active half-lives involved. This means that all present and
future tailings impoundments will have to be protected from
building development in the future, probably through a stipu-
lation to that effect in the land title.
i. Wyoming can expect increased uranium mining activity
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-201-
in the future, because of an international trade agreement signed
this summer between the U. S. and Japan. The agreement involves
the sale to Japan over the next ten years of $1.8 billion of ur-
anium fuel for 26 Japanese nuclear power plants. Reynolds Alu-
minum owns some 43,000 acres of land in the Powder River Basin,
and plans to build a uranium enrichment plant there, subject
to approval by the Atomic Energy Commission. Reynolds plans
to strip-mine coal and build a 3,600 megawatt plant to provide
electricity for the uranium processing plant. This new develop-
ment is unquestionably tied to the new Japanese market. Thus,
more Wyoming coal will be strip-mined, more uranium tailings
will be produced, and more water will be consumed for mineral
development.
j. The Atomic Energy Commission and El Paso Natural Gas
Company are investigating the possibility of using nuclear stim-
ulation to develop natural gas reserves in the Big Piney/Pincda1e
area of Wyoming. This project, called Wagon Wheel, is still in
the planning stages, since all of the environmental studies
have not been completed. There is a great deal of adverse pub-
lic opinion regarding this project. The DEPAD Mineral Division
is promoting this project on the premise that it would help al-
leviate the natural gas problems for the trona (soda ash) industry
in southwestern Wyoming.
4. Recreation
a. Wyoming is the home of two very prestigious National
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- 202 -
Parks, Yellowstone and Grand Teton. In addition, the Forest
Service and the Bureau of Land Management operate recreation
facilities. The Wyoming Recreation Commission manages over a
million acres in State Parks and Historic Sites. The State
Game and Fish Commission also owns scattered parcels of recrea-
tion land. With Wyoming's relatively unspoiled beauty and an
abundance of facilities, it is little wonder that recreation
and tourism constitute Wyoming's third largest industry.
b. Yellowstone and Grand Teton National Parks are both
located in the northwest corner of the state. The impact of
over a million visitors a year is felt statewide. Most of the
land-use in the immediate area is, however, controlled at the
federal level. The Parks themselves are discussed extensively
in the Park Service section of this land-use report.
c. The recreation areas in Wind River Indian Reservation
give some indication of the makeup of visitors to these federal
areas. It is estimated that 90 percent of the visitors to the
Reservation recreation areas are from out-of-state, particular-
ly Colorado and Utah.
d. The Wyoming Recreation Commission was not created until
1967. Since then, the major thrust of activity has been toward
correcting obvious outdoor recreation and historical preserva-
tion deficiencies. In the state parks, the addition and improve-
ment of boat ramps, sanitary facilities, and camp sites occupied
most of the effort. Basic preservation, restoration, and inter-
pretive measures were instigated to bring major historical sites
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up to an acceptable standard. The Wyoming Recreation Commission,
like the EPA, has been involved mostly with corrective measures,
and has not had an opportunity to do extensive planning and
problem-prevention work.
e. By 1985, the number of out-of-state visitors to Wyoming
will double, reaching a count of over 8 million visitors during
the summer months alone. The continued trend away from agri-
cultural-oriented society in Region VIII points to increasing
demand for Wyoming outdoor recreation opportunities. More and
more scenic wildlands will be converted to camping and picnic
areas, trails, visitor interpretation centers, and other summer
recreation facilities.
f. In addition, the Recreation Commission predicts an 88
percent increase in snow skiing activity between 1967 and 1985.
There are many areas in western Wyoming that would be suitable
skiing areas. However, extreme caution must be taken when lo-
cating ski areas. Because vegetation is removed from the mountain-
sides in vertical strips, the soils must be very resistant to
erosion. Another important consideration is the area at the
base of the mountain, where extensive commercial development
can be expected. These base areas must not be located in a
fragile air or water shed. Extensive ski development in Wyoming
has not begun yet, partly due to the lack of good year-round
roads.
g. Western Wyoming is experiencing another recreational
problem, despite the lack of roads. Four-wheel drive vehicles
cause extensive damage to vegetation and soils in the higher
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- 204 -
altitudes. In the wet spruce-fir forests above 9,500 feet,
jeep trails often leave muddy ruts several feet deep. On the
alpine tundra above 11,000 feet, the jeep trails are destroying
centuries-old alpine vegetation. Even if the jeeps were banned
from the alpine tundra this year, our granchildren would still
be able to see the damage. In a short time the jeep trails
deteriorate to such a degree that even the jeeps cannot use
them. At that time, a new trail is simply driven that parallels
the old. In some places, especially on public land, the high
country is crisscrossed by muddy swaths that mark a blatant dis-
respect for land.
h. Snowmobiles are another problem in the high country.
Because the ground is frozen and covered with snow, the snowmo-
biles do not normally cause the soil erosion and destruction of
vegetation that four-wheel drives do. The main objection to
snowmobiles is their effect on wildlife. The noise created by
these machines is incredible, and deer, elk, moose, and other
game instinctively run for their lives at the approach of one.
There have been cases of snowmobilers intentionally chasing game
until the animal dropped dead from exhaustion, and many more
cases of snowmobilers unintentionally disturbing the wildlife
habitat. Snowmobiles also open up a whole new world for hunters.
They are used at a time when the wildlife is at a definite dis-
advantage, in the winter, when food is scarce and the animals
are weakened.
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5. Transportation
a. Much of Wyoming's undeveloped land can be attributed to
a lack of high-speed year-round roads. Of the three interstate
highways in Wyoming, only one - 1-80 - has been completed. It
runs east and west along the Colorado-Wyoming border. Inter-
state 90 is incomplete, but it will run east and west in the
northwest corner of the state, widely avoiding the National
Parks to the west. The completion of 1-25, which will run
north and south in eastern and central Wyoming, will probably
be the transportation corridor of most significance to Wyoming
in the future. It will link three major Wyoming communities:
Cheyenne, Casper, and Sheridan. More important, it will connect
these cities with 1-25 in Colorado. It is adjacent to Colorado
1-25 that the population and growth explosion is occuring along
the Front Range of the Rockies. This massive urbanization is
not expected to reach as far north as the Wyoming border, but
the linkage with this major population center resulting from
the completed 1-25 will encourage increased recreational use of
Wyoming facilities by Coloradoans.
b. At the state level, there is very little new roadbuilding.
Most of the Wyoming Highway Department funds are going into re-
surfacing and widening existing roads. This would seem to indi-
cate that Wyoming growth and development patterns are not changing
drastically at present.
c. Urban mass transit is almost unheard of in Wyoming.
Population densities are simply not high enough to warrant the
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expenditures involved.
6. Water Development
a. In the Rocky Mountain West, the lack of water in the
right place at the right time has always been a limiting factor
in land-use. There is a great deal of surface runoff in the
spring when the snow in the mountains melts, but this abundance
is short-lived and by late summer streamflows are at a bare mini-
mum. It is this extreme fluctuation that limits development
which requires a steady supply of water.
b. Since Wyoming, with it high altitudes, is the source
of several major rivers, interstate water compacts have been
made to assure downstream states adequate water for their needs.
These compacts were made at a time when Wyoming saw little op-
portunity for growth. There is a feeling that Wyoming sold it-
self short of water in these compacts. With the existing inter-
state compacts, Wyoming water-users can increase their total
streamflow depletions by some 3.8 million acre-feet per year.
However, existing water use utilizes the dependable flows of
most streams, and surpluses are available primarily during the
snowmelt runoff in the spring or during the winter months. Thus,
water storage facilities are required in most instances to control
the water surpluses for human use. Often, however, it is ques-
tionable whether the extra water is worth the loss of the land
inundated by the reservoirs. This seems to be the case with the
Yellow Jacket Project in southwest Wyoming.
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c. As mentioned before, water is the primary limiting fac-
tor in development of the vast coal reserves in the Powder Rivr
Basin. In order to divert the water necessary to develop this
cool, both Montana and North Dakota must agree to let Wyoming
users divert it, because of the Yellowstone River Compact of T^n.
Under this compact, Wyoming is authorized to divert only 494,000
acre-feet per year more than is now being drawn.
d. The State Engineer's Office handles all water rights,
well permits, and diversion records. Water rights are granted
on a first-come, first-serve basis if the applicant can show
that the water will be put to beneficial use. Conversely, the
State Engineer has the power to shut off the headgates of a
water user if he is wasting or not using the water resource.
There is no provision in the law indicating jn-stream fishery
or recreation use as beneficial uses. The Wyoming water laws
contain a "public interest" clause of great importance. The
State Engineer may, at his discretion, refuse to grant a water
right if the use of the water is contrary to the public interest.
For example, a motel complex to be built in Casper was denied
water rights because it was to be constructed in a flood plain.
The State Engineer's staff has discussed this clause extensively,
and they see it as a powerful tool in the future for prevention
of unwise land and water use. It has not been used extensively
yet, but it will be used in the future as land and water develop-
ment in Wyoming becomes a problem.
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e. The Soil Conservation Districts are involved in water
development projects. The Small Watershed Program provides
federal funds for small reservoirs for flood protection. To
be eligible, the district must formulate a watershed Soil Con-
servation Plan for all the lands in the basin involved. This
seems to be a step in the right direction. Too many large
reservoirs are built with no consideration of what is happening
upstream. Without a plan for soil conservation, the reservoirs
often become sediment laden and ultimately useless. There are
39 Small Watershed Programs approved or completed in Wyoming.
f. Water quality is not a limiting factor of land-use in
Wyoming. Most streams in the state are clean enough to support
trout. In isolated areas sedimentation from agriculture, munici-
pal, and industrial pollution has impaired stream quality, but
these are the exception rather than the rule.
7. Urbanization
a. Compared to Colorado and Utah, Wyoming has no pressing
urbanization problems. It would be helpful to look at some
trends, however, to see what can be expected in the future.
b. Mechanization in agriculture has caused a high unem-
ployment rate among ranchers and farmers. These people are
coming to the cities for jobs, and not finding them. According
to DEPAD, light manufacturing firms are the answer. The prime
objective of the Department of Economic Planning and Development,
Industrial Division, is to diversify the industrial and economic
base of Wyoming. DEPAD is attempting to attract light industry
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-206-
LEGEND
**•
1*. kwA fcAaotw Crwi
J. U»Iq> floti li n
3 Amll 0po»
3. Ism Cmt
6. lo»l**U*
7. UyA Peak *f Pt>m + <
• . M Nh*. off
15. l*p«r Sail Cmh
16. ImiMICi^
17. Ory Cm*
tl. S#rW*C_.
20. Cffloa hr
II. Star Volley
Dry Cfwt
27. U>
73.
• li^lf
*fw*
• few
M-7-O- B3-*8A-L
23. WA-fce»CfMb
26. AtchCmh
77.
7». WiW
7t. hymKMliMt
X. CabwCra*
3). Inlk lanqw li*
37. Icmm \ta lAlllly
33 ifcimtii ¦ t >«a
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36 AM*- A*-»
37. (ondy
38 IJtfwi IIhm Iwk
iv. I.mh. Ikat Iwt
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to the state and to disperse them as widely as possible (for
economic reasons). At present, about 6 percent of the work force
is engaged in manufacturing activities, compared to 30 percent
nationally. If DEPAD is successful, and there are indications
that it may be, then a healthy growth pattern of moderate-sized
communities well-dispersed over Wyoming will be encouraged.
c. Most of the larger communities in Wyoming have zoning
regulations of some sort. One that seems significant is a county
zoning ordinance for Natrona County, home of Casper. Casper
is leading the state in new home developments. Because of the
unstable soil type in the area, these developments are creating
considerable soil loss. Under the county ordinance, a plot of
ground cannot be stripped of vegetation for more than three months
without a revegetation plan. Ordinances on the county level
would be helpful in controlling suburban developments. Throughout
most of Wyoming, a developer can escape the limitations of city
zoning by building outside the city limits. In due time, the
city will annex the development anyway.
d. Like Casper, Laramie is encountering a soils problem. The
land beneath the city is characterized by shallow soils and high-
clay soils, creating problems where new homes have installed septic
systems. Good planning could have avoided the expensive sewage
system changes that will have to be made in Laramie. In most
cases, the local Soil Conservation Districts have done soils
mapping in areas in and around townsites. But, if the soils maps
aren't used or aren't made available for zoning and city planning,
they may as well not exist.
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8. Department of Economic Planning and Development
a. DEPAD is the closest thing the state of Wyoming has to
a land-use planning agency. It has been mentioned throughout
the report for specific programs and activities that it carries out.
This section is a general analysis and evaluation of DEPAD.
b. The Wyoming Department of Economic Planning and Develop-
ment was created by the Wyoming State Legislature in 1969. The
authorizing statute says: "The Department shall have as its pur-
pose, the planning for and the development of the physical and
economic resources of the state." To carry this out, DEPAD is
organized into four working divisions: Industrial Development,
Mineral Development, Water Development and Chief of State Planning..
c. Wyoming DEPAD is a member of the Federation of Rocky
Mountain States, based in Denver. This Federation is involved
in some land-use planning studies, among other things. Both the
Federation and DEPAD are more concerned with land-use planning
for economic development thafi for environmental protection.
d. The Chief of State Planning has not been mentioned pre-
viously. He has a five-man planning staff. This staff is responsible
for comprehensive planning for the physical and economic development
of the state. They are primarily involved with administration of
HUD 701 Planning Grants. DEPAD received $48,824 last year from
HUD to provide technical assistance to communities. The planning
division worked with 24 communities in 1971, usually helping to
set up particular zoning regulations. The Chief of State Planning
also provides general information in the form of monthly newsletters
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and publications, including "General Improvement Laws for Wyoming
Counties and Communities," "Quality Growth Laws for Wyoming,"
and "State of Wyoming Laws Relating to Planning and Zoning."
e. A 30-minute planning movie was produced for DEPAD by a
studio in Sheridan. This movie is to be used to motivate the
Wyoming people to think about their future and the role of local
planning. The movie will be shown on television and given to
schools, planning commissions, county commissioners, city councils,
and other interested groups to promote planning within the state.
f. Planning and zoning are not popular with the majority of
people in Wyoming. Because of Wyoming's rural nature, it is hard
to show the need for land-use planning and controls, even though
now is the ideal time to start before development becomes a
problem. The DEPAD Planning Division is not attempting any state-
wide plan. They sense the opposition, and are concentrating on
local zoning.
9. Other Problems and Programs
a. Out of 117 solid waste disposal sites in Wyoming, only
17 are sanitary landfills. However, these are the ones near the
population centers; consequently, two-thirds of the population's
refuse reaches these 17 landfills. The Wyoming Health Department
has no authority to require sanitary landfills as such, but it
can require that disposal sites not burn their wastes or create
a health hazard. If these regulations were tightly enforced, it
would force most operations to use sanitary landfill methods.
b. Two Resource Conservation and Development (RCfjD) Projects
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are in progress in Wyoming. The Western Wyoming project include?
about 4 million acres in Lincoln and Unita counties, and the
Black Hills project includes nearly 4 million acres in Crook,
Niobrara, and Weston counties. A new RC§D project is just underway
in the Big Horn Basin. It will include some 8 million acres in
Park, Big Horn, Washakie, Hot Springs, and Fremont counties. These
RC$D projects are a cooperative effort between the federal Soil
Conservation Service, the Wyoming Department of Agriculture, the
Soil Conservation Districts and counties involved, and especially
local volunteers. The objective of RC§D is to expand the economic
opportunities in an area by developing and carrying out a plan
of action for the conservation, development, and wise use of the
natural resources in the project area. By forming these RCSD
districts, local residents have the benefit of more financial
and technical assistance than would otherwise be available.
More importantly, they open a new channel for multi-county planning.
c. The Wyoming State Forest Service is directly responsible
for some 200,000 acres of state-owned forest land. In addition,
the State Forest Service provides assistance to the owners of
the 1 million acres of private forest land. All timber cuts on
state-owned lands are administered by the State Forest Service.
No cutting is done in an area until a forest management plan is
drawn up. State lands are administered in such a way as to
maximize the economic returns over many years. As a result, un-
profitable forest values such as watershed, wildlife, etc., are
usually secondary considerations in the management plans.
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d. Most of Wyoming's private forest land is scattered as
parts of ranches. The State Forest Service encourages ranchers
to make a forest management plan rather than engage in "timber
mining" for a quick profit. Complete inventories of privately
owned forest lands have not been made. There is a need for them,
particularly in areas outside RC§D projects where data is sorely
lacking. There are about 40,000 acres of tree farms in Wyoming.
These are areas where intensive silviculture is practiced on
existing private forest land. The State Forest Service is pro-
moting tree farms. Much more timber per acre can be grown on
a tree farm than in a wild forest stand. An increase in tree
farming could help take the pressure off cutting in wild forest
stands.
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CHAPTER rv. UTAH
1. General
a. Utah is an arid land, with mountains in the east and
deserts in the west. Despite its arid nature, Utah ranks
first in the nation with respect to per capita water consump-
tion. The federal government owns more land in Utah than in
any other state in Region VIII. The majority of this land
is held by the Bureau of Land Management and is used for
grazing.
b. Salt Lake City is the second largest city in Region
VIII. About 80 percent of Utah's population lives along the
Wasatch Front Range, which extends 80 miles from Provo north
to Ogden, and includes Salt Lake City. Irrigated cultivation
is practiced extensively in the Rear River drainage north of
this urban center, but is also carried out on the front range
itself, where land-use conflicts between agriculture and ur-
banization are becoming critical.
2. Land-Use Problems
a. The biggest land-use problem in Utah is, put simply,
the Wasatch Front Range. Urbanization there is competing
with agriculture for both water and irrigable land. Increased
usage and water pollution threaten the future water quality
of the Great Salt Lake. Heavy recreational development is
taking place in the narrow canyons of the Wasatch mountain
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range. Many of these developments are products of land specu-
lation, where water, sewage, arid other utilities are not pro-
vided for. If recreational subdivision continues in these
canyon areas, available water will become a primary factor
in the northern half of Utah. It is already a problem in
the southern half of the state.
b. Ski area development in the Salt Lake City area is
taking place at a rapid rate. There are several ski areas
within an hour's drive of Salt Lake City, and many more are
proposed. By their nature, these ski areas are located in
rather fragile environments.
c. Another Utah land-use problem is the mining and pro-
cessing of ore. Two major companies, Kennecott Copper and
Geneva Steel are located in contiguous counties [Salt Lake
City area) which contain 56 percent of the state population.
The Kennecott plant contributes 76 percent of the state's
SC>2 emissions. Thus, most of the people are concentrated in
an area where air pollution poses an health hazard and a
nuisance. The air quality problem of Salt Lake City is fur-
ther compounded by high mountain ranges nearby and almost
daily temperature inversions. Add to this the visual degra-
dation of open pit copper mining nearby, and it gives a clear
picture of the land-use conflicts encountered on the Wasatch
Front. The situation is not very promising, but it might
have been avoided through proper planning.
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3. Land-Use Planning
a. The planning situation in Utah is summed up in a
reply to a land-use task force questionnaire, which read:
"Utah is in the dark ages, as far as land use planning is
concerned." Land-use regulation is apparent at the county
and local levels only. There is an organization of several
counties along the Wasatch Front which attempts to coordinate
land-use planning directions, but it could not be considered
a multi-county planning agency. Most county commissioners
and members of local zoning boards are large landowners or
real estate agents. Zoning regulations arc usually promul-
gated to increase property values, not to protect the envir-
onment .
b. State level planning is almost nonexistent. The Utah
Planning Coordinator's Office is located within the Governor's
office, and acts in an advisory capacity only. The serious
questions of land speculation and improper land-use are not
dealt with by the state.
c. The most important state agency for regulating land-use
is the Department of Health. The Health Department has occa-
sionally prevented construction of subdivisions and recrea-
tion developments because of a lack of proper sewage disposal
facilities or failure to meet standards for water supply.
There are also cases where the Health Department has failed
to prevent such developments.
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d. The State I,and Board is in a good position to plan
for land-use on state-owned lands; but, according to the
State Forester, in most cases there are no forest management
plans for state-owned forest lands.
e. Under the Utah Soil Conservation Law Act of 1970,
conservation districts are given the authority to enact land-
use regulations within the districts, after majority approval
in a district-wide referendum. No land-use regulations have
been adopted under this Act, but it could be an effective
land-use tool if used.
f.. Utah land-use planning and regulation leaves much
to be desired. The Utah Legislative Council expects the
state legislature to either draft a comprehensive land-use
law in 1973 or assign the task to a two-year planning commis-
sion. The latter would, after the two-year period, recommend
a law to the 1975 legislature.
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CHAPTER V. SOUTH DAKOTA
1. General
a. Agriculture is the lifeblood of South Dakotan economy.
About 90 percent of the land in the state is privately-owned
pasture, range, or cropland. Only 7 percent of the land is
federally owned. Large sheep and cattle ranches dominate the
western half of the state. Dryland and irrigated cultivation
are found mostly in the eastern half. The state is bisected
by the Missouri River, which has been dammed to create numerous
reservoirs in South Dakota. These reservoirs are slowly being
developed for irrigation purposes. Most of the water will be
used east of the Missouri.
b. South Dakota does not have a population growth problem.
In 1960, the state had a population of 698,000. By 1970, this
figure dropped to 666,000. This outmigration is due partly to
mechanization in agriculture and a lack of industrial growth.
c. Tourism is a significant element in the western portion
of the state. Both the Black Hills and the Badlands are major
attractions. An additional major recreational area will be
created when a road system is completed around the reservoirs
on the Missouri River. The new access roads will encourage
heavy fishing, hunting, swimming, and boating use. This pro-
ject has the highest priority of the state Highway Department.
2. Land-Use Problems
a. Increased irrigation in the eastern half of.South
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Dakota will probably bring about new water pollution problems
caused by high-salt return flows. At the same time, wind ero-
sion will be reduced because there will be fewer acres in sum-
mer fallow and other dryland farming methods.
b. Wind and water erosion are serious problems all over
South Dakota. Overgrazing is the major cause of erosion in
the western half of the state. In the eastern half, erosion
is caused by summer fallowing, cultivation near stream banks,
and other factors. About half the land in the state is losing
more than 5 tons/acre/year of soil (see map). Soil is being
lost faster than it can possibly be formed, and some farmers
already find themselves down to subsoil.
c. Wildlife habitat is constantly being lost to agricul-
ture through draining of natural wetlands in eastern South
Dakota. The state has purchased some of this land outright in
order to save some of the wildlife habitat from cultivation and
development.
d. Feedlots are another agricultural problem. A survey
made in 1967 showed a total of 1,379 feedlots located less
than 1000 feet from a stream or a lake. The situation in South
Dakota has not improved markedly since then.
e. While agriculture is the chief land-use problem, it is
not the only one. A survey made last year of 387 solid waste
disposal sites in the state showed that only one site was con-
sidered acceptable. About 93 percent of them have uncontrolled
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SOUTH DAKOTA
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burning and 96 percent of the sites have no plan for com-
pleted sites. Various other problems include faulty surface
drainage C58 percent) , unsightly appearance (9 5 percent), un-
2 7
controlled blowing papers (99 percent), and soil erosion.
f. Surface mining is another cause of land pollution in
South Dakota, contributing to sedimentation and loss of aesthe
tic value. Of the 623 pits located in the state, 557 of them
are for sand and gravel. In 1971, the South Dakota legisla-
ture passed the Surface Mining Reclamation Act. It is modeled
after the Virginia reclamation law, but is far more lenient
in its definition of small-scale operations (which are exempt)
3. Land-Use Planning
a. Of all the states in Region VIII, South Dakota and
Colorado are the most active in land-use planning. In 1970,
the governor of South Dakota created six substate planning
districts by executive order. Three of these districts are
operational, one has been funded but is not operational, and
two have not yet been funded. The districts were formed
partly in anticipation of state and federal land-use legisla-
tion, and partly because it was felt that the rural areas of
South Dakota were missing out on a great deal of federal money
i
which was contingent on planning.
2 7
Office of Comprehensive Health Planning, Land Resources
in South Dakota, State of South Dakota; n. 3.
^Ibid. p. 6.
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b. At present, the planning districts are concentrating
on planning for specific purposes. They are planning for
HUD 701 grants, an EPA solid waste planning grant, HEW health
and juvenile justice grants, and a district-wide sewer and
water plan for a Farmers Home Administration grant. They are
also promoting city and county zoning.
c. If and when land-use legislation is passed, the dis-
tricts will be set up and ready to undertake comprehensive
land-use planning.
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CHAPTER VI. NORTH DAKOTA
1. General
a. As far as present land-use is concerned, North Dakota
is almost identical to South Dakota. Both states are highly
agrcultural. In both states, 90 percent of the land is pri-
vately-owned pasture, range, or cropland. In each state, the
western half is extensively grazed, while the eastern half is
cultivated. Irrigation is being developed in both states
with water from reservoirs on the Missouri River. Population
is sparce and outmigration is occurring.
b. North Dakota has somewhat less federal land (4»7 per-
cent) than South Dakota, and has no major tourist attractions.
Industry is scarce, and most of it is directly dependent on
agricultural goods.
2. Land-Use Problems
a. As in South Dakota, the major land-use problems in
North Dakota are agricultural. These include overgrazing,
summer fallowing, and other practices which promote soil ero-
sion. Feedlots and draining of natural wetlands are also
major problems in both states. Increased irrigation may not
be a problem in North Dakota because of new state Water Quality
standards. Because of the standards, proposed irrigation de-
velopment in the state will be of the sprinkler type rather
than land flooding. Sprinkler irrigation will have some
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definite effects on land-use, because land to be irrigated
can be determined by soil type rather than by contour and
drainage capabilities. This should bring about wiser land
utilization and a reduction in return irrigation flows, which
are a major water pollution source in Region VIII.
b. A land-use conflict is developing in the Little Mis-
souri National Grasslands area of southwestern North Dnkot?j.
There are extensive reserves of strippablc coal in this region
of the Fort Union coal deposit. A checkerboard ownership of
public and private land is involved. Coal companies are in
the process of purchasing private mineral rights from ranchers.
A good deal of pressure is being applied to the Forest Service
to obtain mineral leases for public land. The environmental
impact of widespread strip-mining in this, area has never been
measured.
3. Land-Use Planning
a. The State Planning Division has commissioned a study
of the Little Missouri Grasslands Area. North Dakota State
University is carrying out the $600,000 study, and they are
charged with the responsibility of setting-up guidelines for
future land-use in this area. At present, however, the state
has no land-use laws with which to enforce guidelines. Land-
use regulation in North Dakota is still done only by local
and county authorities. State land-use legislation is ex-
pected to be introduced in the coming session of the state
legislature.
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b. Amendments to the Strip-Mine Reclamation Act arc also
being prepared that would have an impact on land-use. These
amendments would give the Public Service Commission authority
not only to grant or deny permits to mine, but also to set
aside certain areas which the Commission determines are im-
possible to reclaim, and to forbid strip-mining in those areas.
Should these amendments pass, the Commission's interest in
land-use planning would increase significantly.
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