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Municipal Setting Designations

By Braun Intertec | September 5, 2018

What is the most cost-effective way to address groundwater contamination? One cost-effective option is the use of a Municipal Setting Designation (MSD). An MSD is a state-approved deed restriction applied to a Site located within a municipality or its extraterritorial jurisdiction (ETJ) which restricts the use of groundwater for potable purposes. Any water used for drinking, bathing, cooking, or for the irrigation of crops is considered potable water.

MSDs are commonly used in areas where shallow groundwater is not used and potable water is supplied by municipalities, and saves money by avoiding costly remediation. Additionally, MSDs may save time by closing sites sooner since remediation activities and subsequent groundwater monitoring could take years. Before pursuing an MSD there are a number of factors to consider that include:

  • Does the local municipality have an MSD ordinance
  • What are the chemicals of concern present in groundwater and what are the concentrations
  • Is potable water provided by a municipality to the property and properties within 0.5 mile

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