Sample Wellhead Protection Ordinance Provisions
by
Sanjay Jeer, Senior Research Associate, APA
Reprinted with permission from A Guide to Wellhead Protection,
PAS Report No. 457/458 (Chicago: American Planning Association,
August 1995), Appendix D.
The provisions listed below are basic components
for most wellhead protection ordinances. In
deciding whether to include any of these
provisions, you must answer two questions:
- Are these provisions permitted under your State enabling
legislation? Not all provisions are applicable in all states.
Moreover, some states' enabling legislation allows such provisions to
be part of the health or building codes instead of the zoning code,
especially those that pertain to continuous compliance, monitoring,
and emergency response. All provisions used in the wellhead
protection ordinance must be permitted through enabling
legislation or municipal charter.
- Are these provisions appropriate in the wellhead protection
ordinance portion of the zoning code?
Often communities have general code provisions with overlapping intent
that could be referenced in the wellhead provisions of the ordinance.
Typically, such provisions are found in other groundwater or
aquifer-protection-related standards. Cross-referencing such general
provisions in the wellhead section of the ordinance may be sufficient
if they are appropriate to the wellhead protection areas.
The provisions are organized into sections that are found in most zoning
ordinances. Each section contains a statement of purpose followed
by applicable notes. Where useful, a summary of key elements is also provided.
Sample language is provided and is taken, wherever possible, from ordinances
presently in use. These sample provisions are from zoning ordinances or
special ordinances and tribal regulations that are similar to zoning
enforcement and authority. They do not include wellhead protection
standards that local governments typically maintain in other regulations, such
as health regulations, or building and construction codes.
Note that these provisions are provided for illustration only and may be
inappropriate or require significant modification to suit local needs.
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Title
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Purpose and Intent
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Authority and Applicability
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Extent and Designations
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Use Regulations
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Performance Standards
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Site Plan Submission and Administrative Requirements
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Definitions
Sections
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8
Appendices
A |
B |
C |
D |
E |
F |
G |
H |
I |
J |
K |
L |
M |
N |
O |
P |
Q |
R
Wellhead Protection Program Guidance Document Contents
Wyoming Department of Environmental Quality