The purpose of this article is to institute land use regulations and restrictions to protect the Reservation's municipal water supply and well fields and to protect the public health, safety, and general welfare of the residents of the Menominee Indian Reservation. The standards set out in this article shall apply in the district.
A. 
The total area to be regulated by this article shall include all lands which are within (either or):
(1) 
An ellipse with one focal point located on the municipal water system wellhead and the second focal point located 11,000 feet from the wellhead and upgradient of the groundwater flow. The sum of the distances from the focal points to any point on the ellipse edge shall equal 13,000 feet; or
(2) 
As adequate time of travel information becomes available and a twenty-year is delineated for a municipal water system wellhead, maps of which shall be kept on file in the Department.[1]
[1]
Editor's Note: So in original. Appears to refer to a twenty-year time of travel for groundwater. See § 188-190.
B. 
This section is not applicable to private, individual wells.
625 Wellhead Protect Levels.tif
The areas within the jurisdiction of this article are divided into three protection levels:
A. 
Protection Level 1 shall incorporate (either or):
(1) 
An elliptical area with one focal point located on the wellhead and the second focal point located 2,500 feet from the wellhead and upgradient of the groundwater flow. The sum of the distances from the focal points to any point on the ellipse edge shall equal 3,500 feet; or
(2) 
As adequate time of travel information becomes available and a five-year is delineated for a municipal water system wellhead, maps of which shall be kept on file in the Department.[1]
[1]
Editor's Note: So in original. See § 625-188, which provides that Protection Level 1 is based on five-year time of travel for groundwater.
B. 
Protection Level 2 shall incorporate (either or):
(1) 
An elliptical area with one focal point located on the wellhead and the second focal point located 5,250 feet from the wellhead and upgradient of the groundwater flow. The sum of the distances from the focal points to any point on the ellipse edge shall equal 6,750 feet; or
(2) 
As adequate time of travel information becomes available and a ten-year is delineated for a municipal water system wellhead, maps of which shall be kept on file in the Department.[2]
[2]
Editor's Note: So in original. See § 625-189, which provides that Protection Level 2 is based on ten-year time of travel for groundwater.
C. 
Protection Level 3 shall incorporate the area as defined in § 625-186.
A. 
Intent. Protection Level 1 is based on the approximate five-year time of travel for groundwater. Protection Level 1 is the primary area of the municipal well recharge area to be protected. These lands are subject to the most stringent land use and development restrictions because of their close proximity of the well field and the corresponding high threat of contamination.
B. 
Permitted uses and structures. The following uses and structures are permitted uses within Protection Level 1:
(1) 
Any permitted primary use and structure identified in the R-1, R-2, R-3, R-4, C-1, TI-1 and CV-1 Districts, provided that the following are met:
(a) 
No underground fuel storage tanks are associated with the use or structure.
(b) 
The structure is connected to the municipal wastewater treatment facility.
(2) 
Roads, provided that such roads have curbside drainage which leads away from the well.
(3) 
Silviculture activities, provided that no pesticide or herbicide is used.
(4) 
Open space uses as defined in Article II (Rules of Construction and Definitions), provided that such uses do not require motorized vehicles, such as snowmobiles.
C. 
Performance standards. The following standards and requirements shall apply to all uses within Protection Level 1:
(1) 
All residential, commercial, and institutional uses shall not use pesticides or herbicides to maintain a manicured lawn or grass.
(2) 
All aboveground liquid petroleum storage tanks shall provide leakproof containment equal to 125% of the tank volume.
(3) 
The Environmental Services Department shall assure that all abandoned wells shall be properly backfilled and sealed using bentonite or other suitable materials approved by the United States Environmental Protection Agency guidelines within one month of abandonment.
D. 
Prohibited uses and structures. Prohibited uses and structures within Protection Level 1 shall include, but not be limited to, the following:
(1) 
Dwellings not connected to the municipal wastewater treatment facility.
(2) 
On-site private sewage systems, such as septic systems.
(3) 
Underground storage tanks.
(4) 
Basement storage tanks without containment basins.
(5) 
Agricultural activities.
(6) 
Pesticide and/or fertilizer storage.
(7) 
Septage and/or sludge spreading.
(8) 
Manure spreading.
(9) 
Animal waste confinement.
(10) 
Livestock, kennels, or similar animal confinement.
(11) 
Gas stations.
(12) 
Automotive repair establishments, including municipal maintenance garages.
(13) 
Printing and duplicating businesses.
(14) 
Any manufacturing or industrial businesses.
(15) 
Bus and/or truck terminals.
(16) 
Landfills or solid waste transfer sites.
(17) 
Wastewater treatment facilities.
(18) 
Junkyards and/or automobile salvage yards.
(19) 
Asphalt products manufacturing.
(20) 
Dry-cleaning business.
(21) 
Salt storage.
(22) 
Electroplating facilities.
(23) 
Exterminating businesses.
(24) 
Paint and coating manufacturing.
(25) 
Hazardous and toxic waste facilities.
(26) 
Radioactive waste facilities.
(27) 
Tire and battery services.
(28) 
Automotive towing service and storage.
A. 
Intent. Protection Level 2 is based on the approximate ten-year time of travel for groundwater. Protection Level 2 is the intermediate area of the municipal well recharge area to be protected. Land use restrictions within Protection Level 2 are less restrictive than in Protection Level 1 because of longer flow time and a greater opportunity for containment dilution and attenuation potential.
B. 
Permitted uses and structures. The following uses are permitted within the Protection Level 2:
(1) 
All uses and structures listed as permitted uses and structures in § 625-188B.
(2) 
Dwellings not connected to the municipal wastewater treatment facility.
(3) 
Commercial and industrial uses connected to the municipal wastewater treatment facility, provided that such uses are not itemized in Subsection D.
C. 
Performance standards. The following standards and requirements shall apply to all uses and structures within Protection Level 2:
(1) 
All residential, commercial, institutional, and industrial uses shall be limited in using pesticides and fertilizers to establish a new manicured lawn or grass. Such use of pesticides and fertilizers shall not exceed two years.
(2) 
All aboveground liquid petroleum storage tanks shall provide leakproof containment equal to 125% of the tank volume.
D. 
Prohibited uses and structures. Prohibited uses and structures within Protection Level 2 shall include, but not be limited to, the following:
(1) 
Underground storage tanks.
(2) 
Basement storage tanks without containment basins.
(3) 
Agricultural activities.
(4) 
Pesticide and/or fertilizer storage greater than a total of 100 pounds in weight.
(5) 
Septage and/or sludge spreading.
(6) 
Manure spreading.
(7) 
Animal waste confinement.
(8) 
Livestock, kennels, or similar animal confinement.
(9) 
Gas stations.
(10) 
Automotive repair establishments, including municipal maintenance garages.
(11) 
Printing and duplicating businesses.
(12) 
Bus and/or truck terminals.
(13) 
Landfills or solid waste transfer sites.
(14) 
Wastewater treatment facilities.
(15) 
Junkyards and/or automobile salvage yards.
(16) 
Asphalt products manufacturing.
(17) 
Dry-cleaning business.
(18) 
Electroplating facilities.
(19) 
Exterminating businesses.
(20) 
Paint and coating manufacturing.
(21) 
Hazardous and toxic waste facilities.
(22) 
Radioactive waste facilities.
(23) 
Tire and battery services.
(24) 
Automotive towing service and storage.
A. 
Intent. Protection Level 3 is based on the approximate twenty-year time of travel for groundwater. Protection Level 3 is the largest area of the municipal well recharge area to be protected. Land use restrictions within Protection Level 3 are less restrictive than either Protection Level 1 or Protection Level 2 because of longer flow time and an even greater opportunity for containment dilution and attenuation potential.
B. 
Permitted uses and structures. The following uses are permitted within the Protection Level 3:
(1) 
All uses and structures listed as permitted uses and structures in § 625-188B.
(2) 
Dwellings not connected to the municipal wastewater treatment facility.
(3) 
Commercial and industrial uses connected to the municipal wastewater treatment facility, provided that such uses are not itemized in Subsection D.
C. 
Performance standards. The following standards and requirements shall apply to all uses and structures within Protection Level 3:
(1) 
All residential, commercial, institutional, and industrial uses shall be limited in using pesticides and fertilizers to only one time per year to maintain a manicured lawn or grass.
(2) 
All aboveground liquid petroleum storage tanks shall provide leakproof containment equal to 125% of the tank volume.
D. 
Prohibited uses and structures. Prohibited uses and structures within Protection Level 3 shall include, but not be limited to, the following:
(1) 
Underground storage tanks.
(2) 
Basement storage tanks without containment basins.
(3) 
Pesticide and/or fertilizer storage greater than a total of 100 pounds in weight.
(4) 
Septage and/or sludge spreading.
(5) 
Gas stations.
(6) 
Automotive repair establishments, including municipal maintenance garages.
(7) 
Any manufacturing or industrial businesses.
(8) 
Landfills or solid waste transfer sites.
(9) 
Junkyards and/or automobile salvage yards.
(10) 
Asphalt products manufacturing.
(11) 
Dry-cleaning business.
(12) 
Electroplating facilities.
(13) 
Exterminating businesses.
(14) 
Paint and coating manufacturing.
(15) 
Hazardous and toxic waste facilities.
(16) 
Radioactive waste facilities.
(17) 
Tire and battery services.
(18) 
Automotive towing service and storage.
If future technical research reveals that the time of travel data is insufficient to a particular municipal water system wellhead, the protection levels may be extended no more than an additional 10% without a map amendment.