EP 1110-1-24
15 Dec 00
2-1. Introduction. Institutional controls are mechanisms which protect property owners and the public
from hazards contained on a site by limiting the access or use of a property, or by warning of the
hazard. Institutional controls are substantially the same as "land use controls," as defined in the
Department of Defense's Interim Policy on Land Use Controls Associated with Environmental
Restoration Activities (31 August 2000). This chapter discusses the three general types of institutional
controls: legal mechanisms, engineering controls, and educational programs. Specific examples of these
types of institutional controls are presented in Appendix C. This chapter also discusses some of the
strengths and limitations of these institutional controls, as well as their applications.
2-2. Legal Mechanisms.
a. This section provides an overview of the effectiveness of legal mechanisms. Specific legal
approaches including easements, restrictive covenants, reversionary interests, zoning, permitting, siting
restrictions, and overlay zoning have been used for many purposes other than limiting exposure to
environmental risks such as OE, and are described in detail in Appendix C.
b. Legal mechanisms are particularly effective types of institutional controls because:
(1) Other than periodic monitoring necessary for enforcement, legal mechanisms do not require
the physical maintenance that is necessary for other types of institutional controls, such as engineering
controls.
(2) Title recording systems, local planning commissions, and other administrative systems and
associated staff already exist in most jurisdictions and can be used to implement a legal mechanism as
part of an institutional control program. Additional funding may be required for the administering agency
depending on the extent of additional effort required due to the implementation of an institutional control
program at a site within their jurisdiction.
c. Legal mechanisms require constant oversight and support in order to remain effective.
Administrative programs to implement and enforce legal mechanisms are already in place; however, they
are sometimes not effective in protecting against inappropriate land use and should be used in
conjunction with other programs.
2-1
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