The zoning measures described above can protect water resources from the impacts of new development, but zoning grandfathers existing development.  Yet many communities have existing patterns of development already located within aquifer and watershed areas.  In order to regulate these existing land uses, communities may implement non-zoning or “general” bylaws and ordinances or other local controls such as Board of Health regulations.

General bylaws/ordinances and health regulations can protect water quality by regulating existing commercial or industrial uses that involve the storage or handling of hazardous materials.  While federal and state laws regulate large-scale operations, many smaller businesses that are below the threshold for regulation may have localized impacts on a community’s water supplies if hazardous materials are not stored and handled properly.  Using hazardous materials general bylaws or health regulations, communities can directly regulate

Like the zoning overlay districts mention above, MAPC has worked with many communities to develop hazardous materials bylaws and regulations.  But compared to zoning, fewer communities have adopted

37.a    Cities and towns should conduct reviews of local regulations and, where necessary, adopt or update hazardous materials bylaws or health regulations

37.b    MAPC should provide models and technical assistance for new or updated hazardous materials bylaws and health regulations.

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