Many States have outlined approaches for use by water suppliers in designing appropriate management measures. It is important, therefore, to become familiar with the State's approach outlined in the State Wellhead Protection Program.

Regulatory Management

Regulatory management of the wellhead protection area can occur at the State, Tribal, and local level. States can, through legislation or rules, adopt regulations geared to the management of wellhead protection
areas. Typical state regulations have included use prohibitions, increased ground water monitoring requirements, and more stringent technology standards for operations within the wellhead protection area.
Some States have also taken legislative or regulatory action to provide for a coordinated protection effort in wellhead protection areas that cross several jurisdictions. This is typically accomplished by establishing a regional entity or granting additional powers and functions to local governments.

Regulatory management for wellhead protection, however, is most effectively handled at the local level since the management of land activities is usually the responsibility of the local government. The ability of a local government to regulate land activities varies from State to State based upon a State's enabling legislation. This legislation allows local governments to adopt regulations or to enforce regulatory powers derived from the police powers of the State.

In some cases, State legislation will limit a local government's ability to regulate existing land uses and for that reason efforts may be most effectively focussed on addressing regulatory approaches for future activities. State authorities, therefore, should be thoroughly reviewed and understood prior to developing local regulatory measures.

Local governments typically rely on a combination of regulatory and non regulatory management approaches to protect their water supplies. The regulatory approaches, primarily instituted through the adoption of ordinances, include:

_ Zoning
_ Health Regulations
_Subdivision Controls

It is important to note that regulatory management options may be limited when trying to regulate existing sources which are grandfathered.

Zoning

Zoning is used to divide a political jurisdiction into zones or districts, with each district being assigned particular land uses and having different development restrictions or regulations. Although traditionally used to prevent nuisances arising out of incompatible land uses, zoning is being used more and more to provide protection to water resources. Zoning usually consists of the adoption of both a zoning map and a zoning ordinance. The zoning map records the location of various districts while the ordinance specifies the regulations for each district.

Zoning tools that may be used to protect water quality within the wellhead protection area are identified below.

Overlay Districts
Use Prohibitions
Special/Conditional Use Permits
Performance Standards
Cluster and Planned Unit Development (PUD)
Transfer of Development Rights
Large Lot Zoning
Growth Controls/Timing
Amortization

Health Regulations

Unlike zoning and subdivision controls, which are adopted to control land development, health regulations are adopted to protect human health. Health regulations are usually contaminant or source specific and can be factored into existing or new zoning or health ordinances. Typical health regulations used in wellhead protection include:

Nitrogen Loading Standards
On-Site Inspections
Well Installation and Closure Requirements
Sewage System Permits and Standards
Toxic and Hazardous Materials Handling


Subdivision Controls

Subdivision regulations are adopted to control the division of land into lots suitable for building. Local governments may require subdivision design, utilities, engineering standards and construction practices which must be met in subdivision plans. Particularly relevant to wellhead protection, subdivision controls are useful in regulating the retention, control and proper disposal of stormwater.

Non-Regulatory Management

A number of non-regulatory management tools can be used in wellhead protection areas. Unlike regulatory approaches, they do not involve land regulation. Examples of non-regulatory approaches include:

_ Public Education
_ Ground Water Monitoring
_ Household Hazardous Waste Collection
_ Land Acquisition
_ Water Conservation

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