Agenda - 12-15-1987 - Laserfiche WebLink

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• A a LEGAL MECHANISMS There appear to be five legal bases that local governments can utilize in implementing' a nonpoint source control program. They include local board of health regulations, zoning authority, subdivision control , soil erosion/sedimentation control , and general ordinance-making power . All these devices have certain jurisdictional questions that must first be answered. In the case of the local board of health regulations, three jurisdictional considerations can be used: 1 ) regulations that apply throughout the county; 2) rules which govern septic tanks can- be adopted by local boards if -their rules are as-stringent as the Division of Health Services Regulations; and 3) local boards of health can adopt more stringent rules in areas regulated by the EMC if further protection of public health is required. Zoning , subdivision and soil erosion/ sedimentation control measures can then be used to define the types of control measures to be incorporated . The remaining questions deal with the legal issues related to zoning power , subdivision control , soil erosion/sedimentation control , and general ordinance making authority . Legal issues associated with zoning authority include: permitting large minimum lot sizes, prohibiting -cectain wastewater__treatment systems, .-.. Y upstream landowners burden versus protecting downstream water users, and requirements of private maintenance of stormwater •facilities. Subdivision legal issues include: reducing impervious surfaces by altering street paving and right-of-way clearing requirements and the discretion cities have in extending water and sewer service outside city limits. Requirements for private maintenance of stormwater facilities would be the major legal issue in soil erosion/sedimentation control . Finally, the general ordinance-making authority may need to comply with jurisdictional and procedural requirements if the ordinance resembles zoning, land subdivision or soil erosion, and sedimentation control ordinances. For further assistance in deciding which legal mechanism to utilize, please contact the local NRCD Regional Office - Division of Community Assistance or the Institute of Government in Chapel Hill , FURTHER INFORMATION -Specific information about the -different aspects of the -water - supply protection program can be obtained in, the form of appendices to the basic guideline document . These subjects include definitions of water supply terms, background of new WS classification, communities with WS protection regulations, communities with surface water supplies, specific items for structural and nonstructural nonpoint source control measures, maps of WS-I , WS-II , and WS-III locations and water quality standards that apply. Please contact Bob Holman, Coordinator , Water Supply Protection Program, NRCD - DEM,, P.O. Box 27687, - Raleigh , North Carolina , 27611 or call (919) 733-50E3 to obtain copies of this material .