EP 1110-1-24
15 Dec 00
C-1. Introduction. Institutional controls are mechanisms that protect property owners and the
local community from residual risk on a property contaminated by OE. As discussed in Chapter
2, institutional controls include legal mechanisms, engineering controls and educational controls.
This appendix provides more detailed information on these types of institutional controls. In
particular, the strengths and limitations for each type of institutional control are discussed.
C-2. Legal Mechanisms. Legal mechanisms are categorized into two broad areas: proprietary
controls and local government controls. The types of legal mechanisms are outlined in Table C.1
and are discussed below.
a. Proprietary Controls. Proprietary controls are those institutional controls that are
associated with ownership of the land and therefore, often included in the deed for the land.
Proprietary controls are classified as either nonpossessory or possessory controls.
Table C.1
Legal Mechanisms
Proprietary Controls
Nonpossessory Controls
Easements
- Appurtenant Easement
- Gross Easement
- Affirmative Easement
- Negative Easement
- Statutory Easement
Restrictive Covenants
Reversionary Interests
Possessory Controls
Property Ownership
Limited Partnerships
Local Government Controls
Zoning Restrictions
Permit Programs
Siting Restrictions
Overlay Zoning
C-1
Previous Page
