Local Initiatives 



are located in relatively shallow sand and gravel deposits, and are thus particularly 

 vulnerable to contamination from non-point and other sources . 



Several local governments have enacted zoning ordinances specifically 

 addressing groundwater protection. This zoning formula involves the designation 

 of areas of particular concern with regard to groundwater contamination. The mapped area 

 is superimposed over the existing town zoning map, and land use restrictions imposed by 

 the overlay district have precedent over the underlying primary zoning restrictions. In early 

 1986 DEM's Groundwater Section surveyed all 39 cities and towns in the state to learn 

 what applicable ordinances were in effect The following summary of available regulatory 

 and non-regulatory tools in place draws from the results of that survey and from interviews 

 with state and local officials and planning staff. 



Zoning Overlay Districts 



Exeter, Middletown, Narragansett, North Kingstown, North Smithfield, and Richmond 

 amended their applicable zoning ordinances to include groundwater protection overlay 

 districts: 



Exeter Zoning Ordinance . Article II Section 8, Groundwater Overlay District, adopted 

 February, 1985. 



Exeter designates its groundwater overlay district to include: 



..."all land in the Town designated as "Outwash" on the Ground Water Maps of the USGS 

 or land overlying groundwater reservoirs or groundwater recharge areas as identified on a 

 map entitled 'State of Rhode Island '208' Areawide Water Quality Management Plan - 

 Water Related Sensitive Areas,' and also that such land has been designated by the Town 

 Council as an existing or planned public drinking water source, shown as Groundwater 

 Recharge Areas on overlays of Assessor's Tax Maps." In cases of disputed boundaries, 

 the burden of proof is placed on the property owner to show where the boundary should be 

 located. 



Exeter allows uses in the overlay zoning district which 'do not allow contaminants in 

 significant amounts' to enter the groundwater. Property owners are required to submit 

 proof of non-contamination to the Zoning Board in order to receive a development permit, 

 although the method of proof required is unspecified. A list of fourteen prohibited uses 

 includes: disposal of solid wastes, storage of petroleum products (heating uses exempt), 

 industrial wastewater discharges, storage or disposal of hazardous waste, rendering 

 impervious more than 10 percent of any lot, open storage of road deicing chemicals, 

 automotive service shops and salvage yards. 



Middletown Zoning Ordinance . Article 9 Watershed Protection District, adopted December, 

 1985. (note: includes surface warer protection) 



Middletown's two-tier watershed protection ordinance has a stated purpose to "protect, 

 preserve, and maintain the quality and supply of groundwater and surface water" upon 

 which the town depends. The ordinance defines a 'Zone I' which is "critical to the 

 protection of surface and sub-surface water supplies, and requires a high degree of 

 protection from incompatible land uses." Catchment areas and runoff are within the 

 jurisdiction of 'Zone 2' which "is the watershed area which is contributory to surface water 



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