Attachment 5
LAKE MAUMELLE WATERSHED TASK FORCE
OTHER RECOMMENDATIONS
In addition to recommendations for changes to the Zoning Code, the Task Force
makes the following additional recommendations.
1. Non-Residential Zoning (NR): Voluntary Reclassification of Existing NR Uses
When the Land Use map was officially adopted as part of the Lake Maumelle
Watershed Land Use Plan, the only parcel designated Non-Residential was the Alotian
Golf Club despite the fact that numerous non-residential uses currently exist in the
watershed. A floating Non-Residential Zone was established to cover future rezonings.
Current non-residential uses are grandfathered, but are classified non-conforming uses.
As a matter of equity, the Task Force recommends that the existing nonresidential uses identified on the accompanying map [Attachment A] be immediately
contacted by certified mail to determine if they wish to be reclassified Non-Residential
under the Zoning Ordinance and, if so, what portion of their property they wish to be
classified Non-Residential. The subsequent reclassification should be by right and
handled without cost to the property owner, provided that they produce proof that they
were in business as of the date of adoption of the Zoning Code (see recommended
Section 4.10).
Every effort has been made to identify existing non-residential uses in the
watershed. However, in the event that some have been missed, the Task Force
recommends a reclassification period for those property owners providing proof that they
were in business as of the date of adoption of the Zoning Code (see recommended
Section 4.10).
2. Stream Buffers
The Zoning Code requires a uniform 50 foot stream buffer on each side of all
classified tributaries in the watershed, including intermittent streams as depicted in Figure
12 of the Lake Maumelle Land Use Plan. That map is of extremely low resolution,
making it very difficult for a property owner or developer to know precisely where the
regulated portion of the drainage falls in its upper reaches. Therefore, the Task Force
recommends that a GIS based data layer be developed at PAgis or Pulaski County
Planning or Central Arkansas Water that clearly shows the regulated streams in the
watershed overlaid on aerial/satellite photography. A parcel layer would also be useful.
The layer should be accessible to the public and should allow users to zoom into the map
to the maximum extent possible.
Attachment 5 – Lake Maumelle Watershed Task Force Recommendations
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3. Open Space: Clarify the Tracking and Transfer of Exemption Square Footage
The Task Force recommends that the County should clarify the correct and
preferred way of transferring and tracking Exemption Square Footage upon sale of a
property. This process should be clearly identified by the County, should be posted
publicly on the County website, and should ensure that all affected County Departments
or entities are aware of their roles and responsibilities regarding Exemption Square
Footage.
In addition, the County should clarify if a variance or other process exists for
allocating Exemption Square Footage after the sale of a property is completed and an
oversight (or lack of knowledge) led to a transfer of Exemption Square Footage not
occurring.
4. Open Space: Clarify Tax Treatment of Open Space
The Task Force recommends that the County should clarify how Open Space shall
be assessed once this Code is implemented. The Task Force recommends that
Unprotected Forest or Grassland open space shall be assessed at an agricultural or timber
rate.
Furthermore, the Task force recommends that Protected Forest should be taxed at
a rate lower than that of Unprotected Forest due to the prohibition of commercial
timbering activity. However, the County should ensure that appropriate reverter or backtax provisions are in place to ensure that a landowner cannot assess properties at different
rates in order to avoid appropriate requirements. For example, the County should ensure
that a landowner cannot take advantage of the lower protected forest rates, temporarily
assess their property at an Unprotected Forest rate and complete a clear-cut or harvest,
and then reassess at a Protected Forest rate after the work has been completed.
5. Hazardous Liquid Transmission Line Siting and Risk Management
The Task Force recommends that the County review and adopt any and all
regulations legally available to it to prevent or discourage the siting of hazardous liquid
transmission lines within the watershed of a public drinking water supply. Such
regulations or restrictions may support, complement, or impose additional restrictions
beyond the recommendation of the Task Force to prohibit hazardous liquid transmission
pipelines in the use matrix. Information provided to the Task Force indicates that state
and local governments have the authority to limit the siting of hazardous liquid
transmission lines in sensitive areas like public drinking water supply watersheds.
The Task Force recommends that the County take all possible measures to reduce the risk
posed by the existing ExxonMobil pipeline.
6. Increase Voluntary Conservation Efforts in the Watershed
There is currently a great deal of untapped potential for voluntary conservation
efforts in the watershed by those who live and work there. There is also the opportunity
to greatly leverage federal, state and local conservation funds by providing incentive
funding for key voluntary efforts, thereby building true partnerships for watershed
Attachment 5 – Lake Maumelle Watershed Task Force Recommendations
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conservation and water quality protection as envisioned in the Lake Maumelle Watershed
Management Plan.
Therefore, the Task Force recommends the creation of a Watershed Collaborative
Council led by stakeholders living in the watershed, and cooperating with local, state and
federal agencies and other concerned groups, to pursue voluntary activities in the
watershed to protect the lake.
7. Alternative Funding
The Task Force recommends that the County explore additional sources of local,
state and federal funding to address the following: conservation easements, purchase of
critical area lands, focal area landowner payments, best management practices, and/or
conservation education/watershed education activities, watershed council efforts and/or
voluntary conservation practices and programs to maintain a healthy watershed.
Attachment 5 – Lake Maumelle Watershed Task Force Recommendations
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