3.3 THE ROLE OF LOCAL LEVEL TNITTATTVES 



Introduction 



The Rhode Island 208 program gave clear emphasis to the role of land use in affecting 

 water quality. In the executive summary, the plan stated: 



Measures should be adopted which restrict land uses in sensitive areas. These 

 "non-structural" controls would include land use planning (including open space 

 and conservation planning and restrictive zoning. Considering available technology 

 for abating stormwater pollution, such measures may represent the only means of 

 preventing water quality degradation in some areas (italics added). 



Use of zoning, subdivisions and health regulations, land acquisition, and extension of 

 sewer service areas were all recommended as land use tools, in addition to development of 

 a comprehensive land planning framework. Ten years after the 208 recommendations were 

 put forward, it is appropriate to review the extent to which recommended management 

 measures have been adopted, and to evaluate the issues surrounding exercise of local 

 initiative. While the limited scope of this research effort cannot accommodate a 

 comprehensive review of local programs and needs, a basic review of local initiatives,and a 

 discussion of factors contributing to success or failure has been made. (See also the related 

 chapter on the taking issue.) 



GENERAL FINDINGS AND CONCERNS 



(See also related chapters on source controls, particularly ISDS.) 



Although constraints are imposed by the lack of comprehensive zoning enabling 

 legislation in Rhode Island, local governments have considerable authority over 

 development, land use, and certain public health issues. Zoning and land and 

 water management controls are critically important in preventing groundwater pollution, 

 protecting estuarine water quaUty, targeting growth toward resource areas capable of 

 sustaining development, and preserving the unique amenity qualities of the Bay watershed 

 system. As a result, the management of land and water resources effecting 

 the quality of Narragansett Bay depends heavily on the enactment and 

 enforcement of local laws and regulations. Several complicating factors, 

 however, have served to restrict the effectiveness of local initiatives. 



An issue of key importance is the inadequacy of planning capability in 

 many Bay basin communities. Within the past five years, several small communities 

 have moved to develop technical planning support, but town budget constraints frequently 

 limit staffing capability. In several towns where recent growth rates have created a critical 

 need for consideration of long term objectives, and a need for full-time professional 

 assistance in evaluating and implementing alternative approaches, planning staffs are not 

 available or are limited to one individual. 



Communication among local officials within municipalities is frequently 

 insufficient. Boards may be unaware of other town bodies' regulations, or may adopt 

 contradictory policies. For example, a town engineering department may require 

 developers to direct storm runoff into stream channels, or to the lowest available drainage 

 point, while a planning board requires installation of detentionAetention basins. Similarly, 

 public works policies may be established to ensure that roads are interconnected to facihtate 



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