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Frank Reynolds, attorney for the town, said that “as far as I know,” Washington is the first local government to apply the enabling legislation contained in the state law as it relateatp.PTAfc « tection of water supplies.
In answer to a request by the Board of Supervisors for an opinion as to the legality of such an ordinance, Assistant Attorney General Gregory J. Haley replied that his “informal view on the subject” was that such an ordinance would indeed be legal. “Any ordinance... however,” he added, “must be reasonably directed toward the statutorily authorized goal of protecting the town’s water supply.”
A second question, directed to the Attorney General’s office by Clerk Diane Bruce at the direction of the board, was whether the county would be bound by such an ordinance. In reply, Mr. Haley said, “. . . a locality’s zoning regulations apply to facilities of other governmental bodies of equal or lesser authority absent a specific exemption . . . were the county to construct a building in the town, it would have to comply
with the town’s zoning ordinance ... It is my judgement. . . that the county would be subject to the water protection ordinance.”
Patricia Saltonstall, a resident of Flint Hill, attended the hearing and raised several questions with the council. “I’m concerned about new regulations being drafted here which will affect county residents ... If anyone wants to put in a septic system within three miles of town, they have to apply for approval?”
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