HomeMy Public PortalAboutP&Z Strategies Booklet
PLANNING AND ZONING
STRATEGIES
FOR
WATER QUALITY
PROTECTION
The St. Louis County Phase II Storm Water
Planning and Zoning Work Group
March 2006
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Introduction
This document is a compilation of strategies for improving water quality through
effective planning and zoning in communities. It is educational literature to be
used by communities to implement directed growth planning and zoning. Water
quality is directly related to land use and development within the watershed.
Each section describes a strategy, the advantages and disadvantages of each,
and identifies key decisions that need to be made in determining how to implement
the strategy. Model ordinances are listed to provide additional information and
ideas for implementing these strategies.
This document was developed to meet one of the goals of the 2002 St. Louis
County Phase II Storm Water Management Plan. A work group was assembled to
develop this information for the Phase II co-permittees responsible for the St. Louis
Small Municipal Separate Storm Sewer System. Co-permittees will be asked to
report on the incorporation of these strategies into their planning and zoning
regulations.
The Phase II Planning and Zoning Work Group participants include:
City of Chesterfield
City of Fenton
City of Florissant
City of Kirkwood
City of Manchester
City of Maryland Heights
City of Olivette
City of St. John
City of Webster Groves
City of Wildwood
East-West Gateway Council of Governments
Metropolitan St. Louis Sewer District
Missouri Department of Conservation
Missouri Department of Natural Resources
St. Louis County
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Table of Contents
T1 Stream Buffer ............................................................................................. 1T
2 Planned Unit Development (PUD) Performance Criteria......................... 5
3 Overlay Zoning ........................................................................................... 7
4 Conservation Subdivision Ordinance ...................................................... 9
5 Infill Redevelopment ................................................................................ 11
6 Tree Preservation ..................................................................................... 13
7 Flood Plain Protection ............................................................................. 17
8 Conservation Easement .......................................................................... 19
Supplemental Resources ................................................................................... 21
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1 Stream Buffer
Description of Strategy:
A stream buffer is a protected strip of naturally vegetated land along a stream.
The purpose of a stream buffer is to physically protect a stream from the
encroachment of development. Stream buffers are necessary to protect the
integrity of stream ecosystems and habitats. Stream buffers also protect
development by maintaining the integrity of the natural storm water drainage
systems. Natural streams meander and change their channel over time, and
structures built too close to a stream are at risk, or may require expensive remedial
protection. The growth of trees in undisturbed areas benefits the community, and
helps stabilize the stream from erosion. Stream buffers also serve to improve
water quality by naturally filtering the runoff entering the stream.
Applicability:
Stream buffers can be applied to proposed developments along streams by
designating areas to be preserved for natural vegetation. Ongoing maintenance of
the buffer area is required.
Advantages:
1
• One of the most effective tools to
protect stream stability, ecosystem and
water quality
• Avoids stream impacts to private
property due to erosion and flooding
• Provides a clear and consistent
guideline for builders and developers,
treating all property similarly
Disadvantages:
• Reduces useable land
• Requires ongoing enforcement to
protect allowed uses
MSD 2005 Infomercial
St. Louis County Stream Bank
Stream Buffer
Key Decision Points to Implement:
1) Physical delineation requirements – The recommended approach is to
define streams by solid and dashed blue lines on U.S. Geological Survey
maps. Alternative maps from MSD, FEMA, and the city or other agencies may
be used. The start of the buffer is recommended to be defined as top of bank,
or if none, the water mark of the 10 year 24-hour event or the 15 year 20-
minute event. An alternative is to use the centerline of the stream flow,
however, many streams in the area have variable widths, and may be wider
than the designated buffer width.
2) Minimum buffer width – Many jurisdictions regionally and nationally have
adopted stream buffer widths that are a minimum of 50 feet on major streams,
and 25 feet on minor, intermittent streams. For example, St. Charles County
Unified Development Ordinance requires a 50 foot set back on both sides of
the stream to remain undisturbed, measured horizontally from the top of bank
on all proposed development. However, EPA recommends a minimum base
width of 100 feet of buffer in natural condition to adequately provide stream
protection, based on research, for optimal effectiveness.
3) Conditions requiring increased buffer width – Some communities have
increased the width of the buffer where steep slopes adjacent to the stream are
present.
4) Buffer zones and allowable uses – Multiple zones are optional. A
municipality can define two or three zones with various allowed uses. The
inner zone closest to the stream should be at least 25 feet and allowable uses
are limited to footpaths. Vegetation is natural. If multiple zones are selected, a
middle zone should be at least 25 feet, but is typically 50 to 100 feet, and
allowable uses are restricted to recreational uses and utilities. An outer zone is
at least 25 feet, and uses may include lawn and gardens.
5) Defining lot lines and building lines – Buffer zones are recommended to be
in designated common land under the control of subdivision trustees. The
inner buffer zone should be located outside lot and building lines. Some
models have permitted lot lines within the middle or outer buffer zones.
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Stream Buffer
Recommended Models:
Passing of a model stream buffer ordinance is necessary to implement this
strategy. Various portions of several recommended ordinances have been
discussed in this booklet. Ordinances to consider when developing a Stream
Buffer ordinance include:
Metropolitan North Georgia Water Planning District. Final Model Storm
water Management Ordinances. Model Stream Buffer Protection
Ordinance.
http://www.northgeorgiawater.org/
St. Charles County. Unified Development Ordinance, Article VI, Section
405.5021. Regulations for the Protection of Natural Watercourses
http://www.saintcharlescounty.org/Portals/57ad7180-c5e7-49f5-b282-
c6475cdb7ee7/udo2005.pdf
The Stormwater Manager’s Resource Center. Model Ordinance Stream
Buffers.
http://www.stormwatercenter.net/
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2 Planned Unit Development
(PUD) Performance Criteria
Description of Strategy:
Planned unit developments (PUD) is a tool that is commonly used by most
municipalities to allow for design flexibility to capitalize on a site’s desirable
features plus promoting land use efficiency, and potentially, environmental
protection. It imposes specific conditions on the development that are site specific
to ensure performance conditions are met to protect water quality. The primary
objective of a PUD is to protect natural resources and benefits to the community
through providing flexibility in the design of residential developments.
Applicability:
A common tool used in municipalities as an alternative to traditional land use. For
water quality, emphasis is placed on the performance of a parcel and how it
minimizes the development’s impact to water quality and the environment.
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Advantages:
• Preserves natural resources
• Requires more participative review up front
• Allows for more innovation and creativity
• Allows implementation into existing PUD
ordinance and process
• Offers more flexibility to the municipality
and developer
Wynncrest Subdivision, Wildwood, MO
Disadvantages:
• Requires more detailed study with associated cost and complexities
• Intended benefits not measured
• Can lead to more legal challenges
• Negative benefit when used on land that is not suitable for building
PUD Performance Criteria
Key Decision Points to Implement:
1) Buffer size – Setting a minimum buffer width required in the PUD is one of the
performance criteria to consider. (See Strategy 1 – Stream Buffer, Key
Decision Points).
2) Open space – Setting a minimum percentage of the site that will be required to
be maintained as open space, based on buildable area. Defining the open
space, or portion thereof, that must remain in a natural, undisturbed condition.
3) Impervious surface – Setting the maximum percentage of impervious surface
on the site, for example 25%. This percentage could be lowered for sites with
steeper slopes, for example, to 15% if the slope is over 25%.
4) Density – When developments meet or exceed the buffer, open space, or other
performance related criteria, determine the density bonuses that may be
allowed. Setbacks may also be relaxed when performance criteria is met.
Recommended Models:
Passing an ordinance is necessary to implement this strategy. Various portions of
several recommended ordinances have been discussed in this booklet.
Ordinances to consider when developing a PUD ordinance include:
City of Chesterfield, MO, Planned Environment Unit Procedure (PEU).
Ordinance #1819.
http://www.chesterfield.mo.us/qfsearch/SearchServlet
City of Wildwood, MO. Planned Residential Development, Ordinance #752.
Contact City Hall (636) 458-0440
Metropolitan North Georgia Water Planning District. Final Model Storm
water Management Ordinances. Model Ordinance for Post-
Development for Storm water Management for New Development and
Redevelopment.
http://www.northgeorgiawater.com/
Smart Communities Network. Land Use Codes/Ordinances. Performance
Zoning Model Ordinance. Bucks County, Pennsylvania
http://www.smartcommunities.ncat.org/codes/bucks.shtml
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3 Overlay Zoning
Description of Strategy:
Overlay zoning is a tool for applying alternative site designs within a defined area.
Overlay zoning imposes additional regulations and development criteria within a
focused area, typically a specific, mapped district. Overlay districts may include
flood plains, wetland areas, specified stream corridors or specific watersheds.
Applicability:
Overlay zones can be applied in any community, depending on what you are trying
to protect, i.e., watershed, stream buffers, flood plain zones, or natural resources,
etc. Overlay zoning is particularly useful when it is desired to protect a sensitive
area of the community, such as a specific stream or resource.
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Advantages:
• Reduces negative impacts
• Enhances the quality of the
development
• Flexibility in the application of
standards
• Increases compatibility between
adjacent uses and developments
Disadvantages:
Three Sisters Farm, Wildwood, MO
• Potential conflict with current zoning regulations
• Use of the overlay district identifies a portion of the community for different
treatment or regulatory structure
• Concept approval required
• Requires more studying of the area/overlay zone prior to designation of the
area as an overlay district
Overlay Zoning
Key Decision Points to Implement:
1) Determine overlay district – Consider which areas need an overlay zone and
why. Identify the various factors such as adjoining land use, water quality,
environmentally sensitive areas, and potential threats to an area that will
determine the overall reasoning to support the strategy.
2) Performance criteria – Determine the increased performance criteria required
in the overlay zone: preserving wetlands and flood plains, reducing impervious
areas beyond the minimum, increasing the size of natural areas, or requiring
setbacks along streams or other best management practice designed to
mitigate adverse impacts.
3) Establish bonuses for performance – Determine if any bonuses will be
available when the performance criteria is met, for example, reduced setbacks
or increased density.
4) Conflict resolution guidelines – Consider establishing which standard
supersedes or governs in case of a conflict between existing zoning regulations
and the new overlay zone.
Recommended Models:
Passing an ordinance is necessary to implement this strategy. Various portions of
several recommended ordinances have been discussed in this booklet.
Ordinances to consider when developing an Overlay Zoning ordinance include:
Atlanta Regional Commission. Model Ordinance Overlay District.
http://www.atlantaregional.com/communitybuilding/overlay_districts_mod
el_ordinances.pdf
Blue Springs, Missouri. Municipal Codes. Planned Residential Overlay
(PRO) Zoning, Chapter 404 of Title IV.
http://www.bluespringsgov.com/Default%20Page%20Links/helpful%20in
formation.htm
Environmental Protection Agency. Model Surface Water Ordinance.
http://www.epa.gov/owow/nps/ordinance/mol7.htm#surfacewater
Environmental Protection Agency. Surface Water Ordinances. County of
York, Virginia Watershed Management and Protection Area Overlay
District.
http://www.epa.gov/owow/nps/ordinance/osm7.htm
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4 Conservation Subdivision
Ordinance
Description of Strategy:
A conservation subdivision protects the vulnerability of environmentally sensitive
open space land and concentrates development within a limited space. It
promotes the preservation of open space and greenspace for watershed protection
and the non-structural management of storm water runoff in residential or mixed-
use developments. It allows a developer to maximize his yield while protecting
water quality. This strategy is different from a PUD in that it focuses on the design
of the subdivision, emphasizes the protection of environmentally sensitive land and
maximizes open space while still allowing an average number of homes and lot
sizes for the entire project with the open space.
Applicability:
It is applicable to new development and redevelopment and is gaining popularity
throughout the nation. Its purpose is to protect open space, forest or other natural
features, and sets other performance requirements within community
developments.
Advantages:
• Reduces impervious cover and preserves
green space
• Reduces pollutant loads to creeks and/or
streams from storm water runoff.
• Protects water quality, wildlife habitat, and
scenic vistas
• Usually increases home sales prices
• Reduces infrastructure construction costs
• Means for expanding public trails and
greenways
EPA Post-Construction
Disadvantages:
• May be difficult to enforce (if working with outdated and inflexible zoning and
subdivision codes)
• Intended to be used on sensitive land
• Clustering of houses may result in smaller lot size and more land in common
ground
• Not appropriate for all locations and all types of residential development
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Conservation Subdivision Ordinance
Key Decision Points to Implement:
1) Define requirements – Determine the open space requirements, such as a
minimum of 40% open space required for densities over 0.5 units per acre, as a
percent of buildable area or total area. Determine the percentage of open
space that is required to be in natural condition, such as 50% designated as
undisturbed green space.
2) Determine exceptions – Define unbuildable areas in the ordinance: wetland
areas, flood plain and slopes >25%.
3) Existing zoning – Determine the amount to relax setbacks and lot size
requirement of existing zoning to meet open space requirements without
increasing the average overall density allowed by existing zoning.
4) Modifications – Modification of comprehensive plans, zoning ordinances, and
subdivision codes may be required to incorporate the flexibility needed to
implement a conservation subdivision.
5) Land management – Consider the mechanism used to manage the open
space: using conservation easements, or common ground managed by
homeowner associations.
Recommended Models:
Passing an ordinance is necessary to implement this strategy. Various portions of
several recommended ordinances have been discussed in this booklet.
Ordinances to consider when developing a Conservation Subdivision ordinance
include:
Atlanta Regional Commission. Conservation Subdivision-Quality Growth
Toolkit.
http://www.atlantaregional.com/qualitygrowth/toolkit.html
Environmental Protection Agency. Open Space Development. Model Open
Space Ordinance.
http://www.epa.gov/owow/nps/ordinance/openspace.htm
Metropolitan North Georgia Water Planning District, Model Conservation
Subdivision/Open Space Development Ordinance, Final Model Storm
water Management Ordinance.
http://www.northgeorgiawater.com/ .
Smart Com Network, Green Development Conservation Subdivision Design
http://www.smartcommunities.ncat.org/greendev/subdivision.shtml
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5 Infill Redevelopment
Description of Strategy:
Infill redevelopment promotes the development of construction on vacant parcels
and reuse of existing developed property in urban areas. The benefit to the
environment and water quality from this strategy is that development is directed to
areas where development and infrastructure already exists, and not in
undeveloped green fields.
Applicability:
The tool can be applied to any under utilized land in cities or urban settings. It
channels development back into the existing neighborhoods and commercial areas
and leaves open space undeveloped.
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Advantages:
• Potential for preserving green fields
• Makes for better use of existing
infrastructure
• Reduces cost of public services
• Possible density bonuses for
park/greenway provisions
• The increase in impervious area is limited
or nonexistent
• Expedited review process is possible
• Storm water management strategies can
be implemented to reduce runoff from the
site
EPA Post Construction Development
Disadvantages:
• Potentially threatens existing established neighborhoods and land use
• Driving force for redevelopment is economic, not environmental protection
• Regulatory requirements may serve as disincentives
• Densities of development are increased for economic purposes
• Does not improve imperviousness of overdeveloped areas
• Negative environmental impacts on the immediate area are possible when
increasing impervious area.
Infill Redevelopment
Key Decision Points to Implement:
1) Determine target – Identify potential areas for redevelopment based on policy
criteria established by the community.
2) Plan review – Review the community’s Comprehensive Plan and look for data,
policies, and projects that can support the infill redevelopment projects.
3) Compatibility – Consider the impact of the infill development on the
established surrounding community.
4) Determine storm water impact – Consideration for onsite storm water
management is needed, and its impact on adjacent properties. If more
impervious surfaces result, neighbors may experience storm water problems
where none previously existed.
5) Strategies and incentives – Infill redevelopment strategies could incorporate
density bonuses or other incentives to encourage the developer to deviate from
conventional development trends. Other incentives may include: reduced
fees, relaxed setbacks, density zoning variances, expedited approvals, loan
guarantees, tax credits, and tax increment financing.
Recommended Models:
Passing an ordinance may be necessary to implement this strategy. Various
portions of several recommended ordinances have been discussed in this booklet.
Ordinances and information to consider when implementing an Infill
Redevelopment strategy include:
Atlanta Regional Commission, Local Government. Quality Growth
Resources. Sample Ordinance.
https://www.atlantaregional.com/
City of Austin, TX Smart Growth Initiative
http://www.ci.austin.tx.us/smartgrowth/programs.htm
Clark County, Washington, Comprehensive Growth Management Plan
http://www.co.clark.wa.us/longrangeplan/review/index.html
Infill Development Strategies for Shaping Livable Neighborhoods, June
1997 - Report No. 38
http://www.mrsc.org/Publications/textfill.aspx#E19E17
Maryland Department of Planning, Infill and Redevelopment
http://www.mdp.state.md.us/order_publications.htm
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6 Tree Preservation
Description of Strategy:
A tree preservation ordinance is a tool used for the preservation, and planting of
trees in a watershed. It provides for the protection of the aesthetic, economic and
environmental benefits of trees. For water quality protection, the environmental
benefits of trees include (1) reducing runoff through increased surface area and by
allowing rain to seep naturally into the ground, (2) preventing soil erosion by
holding soil in place, and (3) providing shade which helps to cool water
temperature.
Applicability:
This tool can be applied in any community to provide for the protection,
management, removal and replacement of trees on private property, public
property and public right-of-way. Tree preservation not only benefits the
environment through improved water quality, but also improved air quality and
lower energy use.
pollution
• noff and
• energy-saving shade and
• and
alue
• beneficial to capturing storm water runoff than
e and inflexible
Incentives may not be offered to developers
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Advantages:
• Helps to reduce air and noise
Reduces storm water ru
improves water quality
Provides
cooling
Enhances natural scenery
increases property v
City of Chesterfield Tree Manual
Disadvantages:
• Perceived costs to developer to identify and preserve trees
Planting a new tree is less
preserving a mature tree
• Preservation standards can be too prescriptiv
•
Tree Preservation
Key Decision Points to Implement:
1) Ordinance goal – Municipalities should clearly state what they want the
ordinance to accomplish. Consider the community’s priorities with a clearly
stated purpose that provides the reason for the existence of the ordinance.
2) Catalog – Inventory current trees and species. Communities should conduct
their own inventories of trees, assessing species, the health of the trees and
information about where the trees are in relationship to other natural resources
i.e., watersheds. Second, where the ordinance protects trees on private
property, an on-site tree inventory may be required by developers.
3) Performance standard – The ordinance should indicate which practices and
conditions are acceptable and which are not. Basic performance standards to
which the municipality intends to hold developers and property owners should
be included.
4) Enforcement and penalties – Designate a position or positions responsible for
enforcement to ensure the community’s compliance with the ordinance. To
deter offenders, the ordinance must contain some provisions for penalizing
violators.
5) Protection – Consider preservation or accounting for mature versus young
trees. Identify the characteristics of trees the community wants to protect.
Factors to consider include age, size for different species, location, protection
for aesthetically pleasing trees, and general condition.
6) Preservation fund – Consider setting up a tree preservation fund and apply
consistent criteria. Establish an account where funds are held separately from
the city’s general fund. Money is collected as a result of fines or payments
under the enforcement provision of the ordinance to be used strictly for tree
plantings on public property.
7) Incentives – Consider incentives for developers to retain existing trees. Some
common incentives include: community grant fund for replacing or planting
new trees, offering developers zoning incentives and property tax breaks to
landowners.
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Tree Preservation
Recommended Models:
Passing an ordinance is necessary to implement this strategy. Various portions of
several recommended ordinances have been discussed in this booklet.
Ordinances to consider when developing a Tree Preservation ordinance include:
City of Chesterfield Tree Manual
http://www.chesterfield.mo.us/documentcenter/planning/treemanual.pdf
City of Wildwood, Chapter 410 Tree Preservation and Restoration Req.
http://www.ctspublish.com/wildwoodlp/lpext.dll?f=templates&fn=frame_d
efault.htm
Georgia Forest Commission, The Framework of Community Tree
Ordinances
http://www.gfc.state.ga.us/Resources/Publications/CommunityForests/Fr
ameworkofOrdinances2004.pdf
Georgia Forest Commission, Tree Ordinance Development Guidebook
http://www.gfc.state.ga.us/Resources/Publications/CommunityForests/Tr
eeOrdinanceDevelopmenGuidebook.pdf
Guidelines for Developing and Evaluating Tree Ordinances
http://phytosphere.com/treeord/index.htm
International Society of Arboriculture, Tree Ordinance Guidelines
http://www.isa-arbor.com/publications/ordinance.aspx
National Arbor Day Foundation, Tree City USA
http://www.arborday.org/programs/treeCityUSA.cfm
National Association of Home Builders, Tree Preservation Ordinances
http://www.nahb.org/generic.aspx?sectionID=630&genericContentID=19
086&print=true
St. Charles County Unified Development Ordinance, Section 410.145 Tree
Preservation Program
http://www.saintcharlescounty.org/Portals/57ad7180-c5e7-49f5-b282-
c6475cdb7ee7/udo2005.pdf
Scenic America, Landscape Model Ordinance
http://www.scenic.org/Default.aspx?tabid=204
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7 Flood Plain Protection
Description of Strategy:
Flood plain protection provides for the designation of flood-prone areas and
management of land use in those areas. It regulates the use of flood hazard areas
and minimizes modifications to streams, reducing flood hazards and protecting the
environmentally beneficial functions. Although enforcement is a local
responsibility, there are state and federal standards that are required if
participating in the National Flood Insurance Program.
Applicability:
This tool applies to all areas with a flood plain or subject to flood prone hazards as
defined within a community. Flood plain areas can serve to provide storm water
management, water quality, stream bank protection, stream corridor protection,
wetland preservation and ecological purposes when restricted to maintain
undisturbed land use or minimally disturbed areas.
Advantages:
• Reduces future flooding impacts
• Preserves greenspace, habitat and
ecology
• Protects water quality
• Protects the function of flood plains to
safely convey flood waters
• Reduces expenses related to
rebuilding and/or rescue operations
FEMA: 1993 Missouri Flood
Disadvantages:
• Limits development in specific areas
• Increased costs to develop in the flood plain
• May require future land use conditions to be established for flood plains
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Flood Plain Protection
Key Decision Points to Implement:
1) Flood plain boundaries – Determine the limits of the floodway by utilizing the
Flood Insurance Study (FIS) or Federal Emergency Management Agency
(FEMA) approved flood study as tools.
2) Approval criteria – Require a flood plain study and establish the criteria for
approving development on parcels of ground in the flood plain. Define the
limitations in which development will be permitted; and any conditions imposed
on the development in order to protect the flood plain and reduce flood damage
such as required freeboard for roads and structures. Consider conditions such
as no net loss of flood water storage in the flood plain.
3) Future conditions – The future conditions of the flood plain is based on the
projected land use plan for the entire watershed and the flooding that could
result in raising the base flood elevations and loss of flood storage capacity.
Determine whether development shall be allowed in the watershed within the
future conditions flood plain.
4) Compatibility with other regulations – The requirements of the ordinance
should be compatible with existing laws/regulations. Determine which
regulation supersedes the other, is more restrictive, or imposes higher
standards in order to protect public health and the environment.
5) Variances – Establish who will hear and decide the request for appeals.
Determine under what conditions variances may be issued.
Recommended Models:
Passing an ordinance is necessary to implement this strategy. Various portions of
the recommended ordinances have been discussed in this booklet. Ordinances to
consider when developing a Flood Plain Protection ordinance include:
Metropolitan North Georgia Water Planning District, Model Flood plain
Management/Flood Damage Prevention Ordinances
http://www.northgeorgiawater.com
State of Missouri, State Emergency Management Agency, Final Model
Storm water Management Ordinances
http://sema.dps.mo.gov/NFIP%20Page
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8 Conservation Easement
Description of Strategy:
A conservation easement restricts the amount of development on private property
to protect the natural resources associated with the land. The easement is a
voluntary land-protection tool that is privately or publicly initiated to conserve
natural resources on the property i.e., open space.
Applicability:
Typically done to preserve agriculture lands and natural areas that are facing
development pressure on the suburban-rural fringe. Conservation easements can
be limited in urban areas, due to both the lack of available open space for
purchase and the high cost of undeveloped land. They are used in all parts of the
country, and many private groups exist to preserve natural lands and manage
conservation easements.
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Advantages:
• Can protect natural resources
• Assumed to contribute water quality
benefits
• Possible tax benefits to owner
• Can cover all or a portion of a property
• Easements can relieve landowners from
the responsibility of maintenance and
monitoring of a property
SW Managers Resource Center
Disadvantages:
• Easement can be permanent or for a specified time
• Often not an option in more urbanized area
• Initial surveying and planning costs
• Sponsoring organization is needed to hold the property and manage the
easement
• May not directly protect water quality in all locations and situations
Conservation Easement
Key Decision Points to Implement:
1) Ownership - Determine or find an appropriate holder of the easement, whether
by government or a private land trust.
2) Selection criteria - Consider criteria to evaluate appropriateness of managing
and holding property in a conservation easement: natural resource value,
unique characteristics, minimum size, etc.
3) Ongoing management - Responsibility for the monitoring and maintenance of
the easement must be assigned and the financial resources provided.
4) Enforcement - Provisions must be made for enforcing the restrictions of the
easement.
Recommended Models:
Executing and recording easements will be necessary to implement this strategy.
Various portions of recommended easements have been discussed in this booklet.
Ordinances and information to consider when developing Conservation Easements
includes:
EPA, Post-Construction Storm Water Management in New Development &
Redevelopment
http://cfpub.epa.gov/npdes/stormwater/menuofbmps/post_10.cfm
Land Trust
http://landtrust.org/ProtectingLand/EasementInfo.htm
Michigan Model Conservation Easement,
http://landtrust.org/ProtectingLand/MichModelEasementTextVersion.htm
The Nature Conservancy. How we work. Conservation methods.
http://www.nature.org/aboutus/howwework/conservationmethods/
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Supplemental Resources
Congress for New Urbanism. Model Codes.
http://www.cnu.org/pdf/code_catalog_8-1-01.pdf
Center for Watershed Protection. Codes and Ordinances Worksheet.
http://www.cwp.org/COW_worksheet.htm
East-West Gateway Council of Governments. Water Resources Council
Toolbox. Model Ordinances.
http://www.ewgateway.org/environment/waterresources/ToolBox/TB-
ModelOrds/tb-modelords.htm
Environmental Protection Agency (EPA), Post-Construction Storm Water
Management in Development and Redevelopment (Ordinances for Post-
construction Runoff)
http://cfpub.epa.gov/npdes/storm water/menuofbmps/post_22.cfm
Metropolitan St. Louis Sewer District. Phase II Storm Water Management
Program.
http://www.stlmsd.com/EnvComply/stormwaterphaseii/index.2.htm
Municipal Research and Service Center of Washington.
http://www.mrsc.org/
Recommended Model Development Principles for Frederick County, MD.
http://www.cwp.org/Frederick.pdf
Putting Conservation into Local Codes & Ordinances.
http://www.publish.csiro.au/nid/20/pid/4329.htm
Smart Growth Online, Land Development Regulations Publications.
http://www.smartgrowth.org/library/byldrtype.asp?typ=12
Watershed Zoning Builder Credits.
http://www.stormwatercenter.net/Manual_Builder/Credits/WATERSHED/
watershed%20zoning.htm
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Graphics & Design:
Dona Anderson