
Land use controls are a necessary component of risk based cleanups where residual contamination
remains at a level that does not allow for unrestricted use. Land use controls are used to provide for the
continued protection of future users of impaired sites. Land use controls may include physical, legal, or
administrative restrictions on the use of the property.
Land use controls can be a cost effective component to site cleanup. However, there is an increased
concern from the public and regulatory agencies about the long term effectiveness of land use controls.
The concern arises from examples where land use controls fail to provide adequate long term protection
of human health and the environment. Typical concerns revolve around how to ensure the restrictions are
not altered or removed without addressing the residual contamination, that future owners and users are
aware of and abide by the restrictions, and that the restrictions are monitored and enforced. An effective
strategy will therefore include building and using effective tracking systems, layering or utilizing redundant
controls, developing formal monitoring and reporting requirements, establishing enforceable covenants,
and implementing education and awareness training.
Remedy Engineering Inc. personnel are experienced at working with state and federal agencies to
develop enforceable land use covenants (LUCs), and prepare the associated monitoring and
enforcement plans. The LUCs are enforceable by regulatory agencies, attach to the property title, and
transfer with the property ownership. They specify the restrictions on uses and activities allowed at the
property. The associated monitoring and enforcement plans define the objectives of the restrictions,
describe the long-term obligations of various parties (property owners, regulatory agencies, public, etc.),
and describe the implementation and enforcement responsibilities of various parties.
For more information on the implementation of LUCs and examples of the types of activities and plans
described above, please contact us at the phone number or email address shown under contact info.
Land Use Controls