EP 1110-1-24
15 Dec 00
(8) Strengths and Limitations of Overlay Zoning. Overlay zoning is a combination of local
zoning ordinances and siting restrictions and therefore, it is characterized by a combination of
the strengths and limitations discussed above for these two local governmental controls.
(9) Strengths and Limitations of Local Governmental Controls. One advantage of using
local governmental controls such as zoning, building permits, siting restrictions, and overlay
zoning in an institutional control program is that the administrative structure and support staff is
usually already in place to enforce the control. In order to use local governmental controls as
part of an institutional control program, the local authorities responsible for administering and
enforcing the programs must be willing and knowledgeable participants in the development of
the institutional control program. Achieving buy-in by local authorities is discussed in greater
detail in other sections of this pamphlet. A potential limitation common to these types of
controls is the need to balance the desire to derive the greatest economic value of a property with
the need to protect the public from residual contamination. It is often difficult for local
governments to limit land use due to some potential risk in the face of development that will
create jobs and generate tax revenue, although the two are not necessarily mutually exclusive.
C-3. Engineering controls. Engineering controls are physical controls and include fences,
posted signs, and soil caps.
a. Fences. Fences are probably the most obvious type of engineering control that has
historically been used to limit the public's access to a site. Fences are used to restrict inadvertent
public entry to a site that poses a threat to public health or safety. By providing access only at
certain points, appropriate notice can be given to all users and uses incompatible with the
existing site conditions may be avoided.
(1) Strengths and Limitations of Fences. Fences provide the most direct means of limiting
incidental exposure to a contaminated site. They do not require a search of local land use records
or permitting agencies to determine whether a site is safe to use. Another benefit to fencing is
that local trespass laws allow for violators to be prosecuted. Fences and other physical barriers
to access require routine inspection and maintenance in order to remain effective. The property
owner's desires, funding for inspection and maintenance, existing use of the site and surrounding
properties, and enforcement responsibilities should be considered before including a fence as
part of an institutional control program.
b. Signs. Warning signs may also be used to give notice regarding the presence of
hazards on a site. Signs can provide information regarding the nature of the hazard, how to
avoid the hazard, and also provide a contact for additional information. Signs may be used to
deter access to a site or to give notice so that inappropriate uses of the site are avoided. While
signs may not provide the physical barrier that a fence does, a sign has the added benefit of
providing information to the public on the nature of the hazard found at a site.
C-8
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