EP 1110-1-24
15 Dec 00
(1) Zoning. Depending on the site location, the state and/or the local government may have the
authority to develop, modify, and enforce existing zoning ordinances. However, zoning ordinances have
mixed legal authority, depending on the jurisdiction, and are often modified over time. This should be
considered, therefore, before using zoning ordinances as an institutional control.
(2) Property Laws. The effectiveness of property laws as part of an institutional control program
also varies greatly between states. Depending on the location and on the type of agreements pertaining
to a site, Federal, state and local governments, as well as private citizens, may have the right to enforce
or seek enforcement of an institutional control through common property laws. For example, in the case
of restrictive covenants and easements, the parties to the agreement have the right to seek enforcement
if one party violates the conditions of the agreement. The parties to these agreements may include
Federal, state and local government agencies, private organizations, or private citizens.
(3) Permitting. Establishing an institutional control through a permitting program can be an
effective component of an overall institutional control program. Enforcement of permitting programs lies
with the administering agency. For example, building permits are generally administered by the local
government and agencies of the local government that have been established to administer and enforce
such programs.
(4) Other Laws or Ordinances. Depending on the site, other agencies may have enforcement
authority. For example, the United States Fish and Wildlife Service has authority at Aberdeen Proving
Ground, Maryland where OE-contaminated areas were designated as Natural Resource Management
Areas as part of an institutional control program.
d. Coordination of Long-Term Responsibilities. The support agreement developed for the site
should include a discussion and assignment of long-term administration, maintenance, funding, and
enforcement authority.
e. Funding. The operation and maintenance activities necessary as part of an institutional control
program will require on-going funding. The amount of funding required will vary on a site-by-site basis
and will depend on many factors including the type(s) of institutional control selected, the location of the
site, and the associated level of cooperation and support from local agencies. Negotiations with the
local administering agency will be necessary to determine the exact level of funding. The specific funding
to be given to an agency should be included in the institutional control plan. USACE districts will be
responsible for planning and programming the necessary funding for the operation and maintenance of
the institutional control program.
f. Monitoring/Inspection Requirements.
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