EP 1110-1-24
15 Dec 00
responsibility. A permitting system can effectively alert local officials to proposed land use
changes that may be incompatible with site conditions or which may require special
consideration to ensure safety. An effective system of administration is necessary in order to
verify compliance with permitting conditions and to provide for enforcement to bring violators
into compliance. Most localities, however, have a permitting system already in place that could
be used to administer any specific restrictions at OE-contaminated sites.
(5) Siting Restrictions. Siting restrictions have historically been used to limit land use in
areas subject to natural hazards such as earthquakes and floods. This type of control has also
been used to protect natural resources from development (such as with the existing wetlands
program). Existing programs which use siting restrictions include floodplain development laws
administered by the USACE and the Federal Emergency Management Agency (FEMA). The
floodplain management program involves insurance requirements in areas prone to flooding. In
order for a community to be eligible for FEMA flood insurance, the local community must
restrict floodplain development. As an incentive to limit development in flood prone areas,
insurance premiums are tied to the probability of flooding. In addition, if development occurs
within a restricted area, the entire community can lose its eligibility for insurance. This provides
an incentive for those not living in the floodplain to take efforts to oppose floodplain
development. Several states and local governments, also have substantial siting restrictions in
place that limit the future development of properties within their jurisdiction.
(6) Strengths and Limitations of Siting Restrictions. Siting restrictions are useful in
addressing large areas with similar hazards under one program. Generic siting restrictions could
be developed to address the hazards common to all OE-contaminated sites, although site specific
characteristics must also be considered on a case by case basis. The limitations of siting
restrictions to control inappropriate development of sites are illustrated by the floodplain
management program. FEMA's floodplain management restrictions have not succeeded in
preventing flood damage for several reasons. First, development had already occurred in areas
subject to flooding prior to the enactment of the restrictions. Secondly, local and federal
interpretations of the restrictions are often different, resulting in development within restricted
areas. The use of siting restrictions as an institutional control is also characterized by
weaknesses similar to zoning. That is, the local planning commission may experience political
or economic pressure from the community and local developers (who may be on the planning
commission themselves) to allow development in restricted areas by granting variances.
(7) Overlay Zoning. Siting restrictions may be combined with local zoning ordinances or
master plans to establish an effective institutional control. This practice is known as "overlay
zoning". When using overlay zoning, the specific siting restriction is used as an overlay on the
local government's master plan, thereby highlighting any discrepancies between the two. In the
case of sites contaminated with OE, the location of the site may be identified on an overlay of the
local zoning map or master plan. The overlay would serve to notify those involved in land use
planning of the hazards and land use restrictions associated with the site.
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