Regulatory Options For Local Groundwater Management

Zoning

Some of the most powerful regulatory tools available to local governments for groundwater management are those that control land uses (Potter). These regulations prohibit a use detrimental to groundwater, allow uses under predetermined conditions, limit the intensity of development, and establish locations where certain land use practices are allowed.

Flexible zoning, as its name implies, allows freedom to address unusual circumstances. There are three types:

Conditional use zoning addresses the problem of whether a land use or practice should be allowed in a particular area based on its potential to harm groundwater.

Overlay zoning allows the development of mapped overlay districts that impose additional requirements over and above the conventionally zoned areas. This technique is suited to protect environmentally sensitive areas, such as recharge areas, that do not coincide with the underlying zoned district. Overlay zoning recognizes variability in the hydrology and other natural resources of an area.

Cluster zoning is a regulatory technique that permits development in a pattern different from those established in conventional zoning ordinances. For example, cluster zoning may allow structures to be constructed on lots that do not meet normal dimensional standards. This allows clustering of dwellings at a higher density over a portion of the site so recharge areas can be preserved.

Wellhead Protection

Wellhead protection (WHP) is the protection of limited geographic areas around wells and wellfields that provide water to public water supplies. The 1986 Amendments to the Federal Safe Drinking Water Act established a national wellhead protection program. Under this program each state is required to submit a wellhead protection program to the U.S. EPA.

Every state wellhead protection program must meet several requirements. Each program must:

• Specify roles and duties of state and local governments and public water suppliers.
• Delineate the wellhead protection area for each wellhead.
• Identify sources of contaminants within each wellhead protection area.
• Develop management approaches to protect the water supply and develop contingency plans for each public water supply system.
• Site new wells properly and ensure public participation in the wellhead protection program.

Wisconsin has a voluntary program for existing wells and requires development of protection areas for new municipal water supplies. Wellhead protection districts can use zoning controls to protect wells, well fields and recharge areas of aquifers supplying water to these wells. Activities are generally more restricted close to the well and less restricted farther away. Since this approach is more applicable to some hydrogeologic settings than others, aquifers must be mapped and groundwater flow systems defined for well protection.

Wisconsin's wellhead protection program was approved by the U.S. EPA in September, 1993. WDNR is designated as the lead state agency for developing and implementing the program. Since April, 1992, the Bureau of Water Supply (Bureau of Drinking Water and Groundwater) has required all municipal water systems that construct a new well to have prior approval of a wellhead protection plan for that well. Chapter NR 811, Wis. Admin. Code, sets requirements for the operation and design of community water systems and establishes sample collection and analytical procedures to ensure that wells do not exceed federal Maximum Contaminant Levels. Groundwater sources are protected by using setback requirements for facilities that are contamination sources to the well. For existing wells, WDNR is implementing a voluntary program including:

• Performing initial delineation of public water supply wells,
• Inventorying potential contamination sources within the wellhead protection area,
• Developing educational information,
• Providing a contingency plan for alternative water sources in the event a public water supply is contaminated,
• Developing guidelines for public participation to ensure implementation of the program, and distributing these guidelines to water purveyors.

WHP Program Educational Materials

Many sources of information on groundwater and wellhead protection exist outside of WDNR. These sources include county extension offices, universities, the Wisconsin Geological and Natural History Survey, and the U.S. Geological Survey. The Wisconsin Groundwater Education Resource Directory, developed by the Wisconsin Groundwater Coordinating Council, identifies sources of information and educational materials. To receive a copy, call the Council's WDNR contact at (608) 266-5234.

County Well Delegation Program

The county well delegation program is designed as a voluntary program. The county is given the discretion of choosing which of the five levels it would like to administer. Many aspects of the program are easily integrated into existing county sanitary permit programs. WDNR provides training, materials and assistance. The local control provides accessible service to property owners about proper well location, maintenance and sampling. This not only protects property values, but allows the county to take an active role in protecting groundwater quality.

Subdivision Regulation

Subdivision regulation requires that developers prepare plat maps that show the physical dimensions and other features of land tracts proposed for division and sale. The plat maps can then be reviewed to ensure the suitability of the land for subdivision. Local subdivision regulations typically apply to residential land use but can include industrial and commercial land division as well. Subdivision regulation and zoning are complementary approaches to groundwater protection. They offer a method by which groundwater can be protected before it is subjected to harmful land use practices.

Other Regulatory Powers (Pollution Source Control)

One limitation inherent in subdivision regulation and zoning is that only "new uses" are controlled, while existing uses may not be adequately addressed. Local governments have the authority to protect the health, safety and welfare of the public. By issuing permits, local officials can regulate activities or contamination sources that threaten groundwater.

There are several reasons why communities may choose to adopt source control measures rather than sensitive area (e.g. recharge areas) controls (Dinovo). Regulating through permits may be more effective where geologic formations are too complicated to delineate recharge zones or other sensitive areas, or where the entire region is sensitive to contamination, like the karstic area of the basin. Communities also may prefer source control measures when financial, technical and political support for comprehensive groundwater management is deficient. A permit system or ordinance could address potential groundwater problems such as on-site waste disposal systems, animal waste storage facilities, underground storage tanks, septage pumping and hauling, well code non-compliance, and public nuisance designation for groundwater contamination.

Critical Area Designation

One type of groundwater protection commonly employed throughout the country is that of protecting "critical" or sensitive areas, designated for physical features (i.e. soils, geology, etc.), areas surrounding well fields, recharge areas or other areas important to an aquifer, or existing sources of contamination such as landfills.

To use sensitive area protection, area boundaries must be defined. Technical information about bedrock geology, unconsolidated deposits, recharge areas and hydrologic parameters is necessary. Sensitive area protection programs are particularly useful if the areas remain undeveloped.

For more information on groundwater, visit the WDNR - Drinking Water and Groundwater Program