Using the Tool

Watershed protection programs are established by either the state or by individual municipalities or counties. Model regulations are provided at the state level for the creation of local ordinances. Typically protection programs are instituted if a water body has come under scrutiny for poor water quality or is threatened by external stressors such as development or pollution. A program also may be considered to protect particular high-value water bodies such as those that supply drinking water. If no program exists at the state level the following steps may be taken to create such a program at the local level:

• Research the rationale for creating a water resources protection program, including current threats to water body, evidence of poor water quality and degradation of aquatic habitat and ecosystem functioning, or critical community value for drinking water or recreational use (you can be proactive as well as reactive with this tool!).
• Work with local and regional environmental planners to discuss opportunities for creating a water resource protection program such as an overlay. Review the resources listed above for potential avenues that may make the most sense given the local need and situation.
• Petition the appropriate state department regarding interest of creating a water resources protection program either at the state or local level. Discuss the appropriate regulations and program management with the state department.
• Establish the buffer program at the state level that will be overseen through the appropriate state office, if it is determined to be in the best interests of the state and communities, and communicate with affected municipalities the implications for development and development review.
• If it is not possible or deemed not desirable to create a state buffer program, or if local leaders desire to create a stronger program than one offered by the state, create local protection as an article of the zoning code through the ordinance process.
• Once the appropriate tool(s) have been established at the state or local level, the development review process will ensure that the water resource is appropriately protected. This process involves map review and the preparation of development exhibits to illustrate best management practices (BMPs) for development in or near riparian areas, wetlands, or other sensitive water resources.
• Consider also working with Parks and Recreation departments to secure riparian buffers through purchase using bond funds or FEMA funds for passive recreation, trails, etc. These multi-use facilities serve the added purpose of educating the public about buffers and what is needed to protect water quality, and also can serve as wildlife corridors.
• It may be required to periodically monitor and report on the water quality of the subject water resource to illustrate that a discernible improvement has been made to the resource as a result of the protection program.