Agenda - Planning Commission - 01/09/2014

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held that the existing safety conditions at the club were not adequate to protect the home owners from an unreasonably high risk of in- jury due to escaping bullets (Norton v. Scituate Rod & Gun Club, Inc., 2012 WL 2335299 (Mass. Super. Apr. 12, 2012)). One gun club in Michigan recently un- veiled a new plan to improve safety after it closed for two years when stray bullets flew into a nearby neighborhood and hit an outdoor worker. The gun club is seeking a special use permit, so it can build a baffle system with a "no -blue sky configuration." This configuration works like a series of window openings. Since the shooter can only see through the openings, he cannot shoot into the sky. This way, errant rounds cannot escape the perimeters of the range (WZZM 13 2013). Planners and local officials should be aware of the available safety measures to ensure containment of bullets within a shoot- ing range. The most basic and most important safety considerations include control of muzzle direction and direction of fire, prohibition of alcohol and drug use on the premises, coor- dination of fire and cease-fire when multiple shooters are practicing, and active supervision of minors. Structurally, shooting ranges should be equipped with adequate side berms and backstops in order to prevent stray bullets from escaping the range. It may be necessary to install overhead baffles or guards to ensure that bullets cannot escape (NRA 2012). Environmental Considerations The primary environmental concern related to shooting ranges is the potential for lead con- ® A filter bed that collects and filters stormwater runoff is an example of a best management practice for limiting lead contamination at a shooting range. tamination. According to a study by the U.S. Environmental Protection Agency (EPA) from the late 199os, lead leaching from outdoor firing ranges was among the biggest sources of lead in the environment (EPA 2005). The funda- mental issue is that when it rains, lead on the ground dissolves and can run into nearby water sources or penetrate the soil and contaminate groundwater. This problem is exacerbated by the sheer size of shooting ranges. The wide dis- tribution of shot that occurs at outdoor shoot- ing ranges results in a relatively large area of the range that can facilitate lead dissolving into surface and groundwater (NSSF 1997). The EPA, the Centers for Disease Control and Prevention, and a large number of states have identified human exposure to all forms of lead as a major health concern in the United States (EPA 2005). The EPA recommends a four -step ap- proach to lead management: (1) control and contain lead bullets and bullet fragments; (2) prevent migration of lead to the subsurface and surrounding surface water bodies; (3) removal and recycle of lead; and (q) document activities and keep records (EPA 2005). Local governments can require that a lead -management program be established that makes sense for the individual range's charac- teristics. To best manage lead, many shooting range owners and environmental agencies recommend periodic lead recovery and recy- cling. From a design standpoint, it makes most sense to position shooters or targets so that shot -fall areas overlap and concentrate the shot, therefore decreasing the area to be recov- ered. Range owners and operators should keep a record of the number of rounds shot annually Berm/Backstop Runoff Direction Band Layer Limestone!bp Gravel Layer so that lead recovery contractors can know the approximate amount of lead present. Recovery lead should not be stored or accumulated on the premises, but sent to a recycler as soon as possible. The most efficient and cost-effective approach involves addressing the site -specific soil conditions. In some areas, adding lime or phosphate in order to balance out the pH level of the soil can help prevent solubility of lead in water. Adding layers of clay to the soil can act as barriers to control mobility of lead (NSSF 1997). Since the mid-198os, citizen groups have rallied against the improper manage- ment of lead projectiles. These groups have brought several lawsuits against range owners and have urged federal and state agencies to take action against owners and operators of outdoor shooting ranges. Federal courts have supported claims that require range owners and operators to clean up lead -contaminated areas. However, courts have generally pro- tected ranges that have received approval from or follow practices suggested by environmental agencies (Simsbury -Avon Preservation Society LLCetal. v. Metacon Club Inc., (D. Conn. June 14, zo04); Cordiano v. Metacon Gun Club, Inc., 575 F.3d 199 (2d Cir. 2009); T&B Ltd. Inc. v. City of Chicago, 369 F.Supp.2d 989 (N.D. Illinois, Eastern Division 2005)). In response to environmental concerns, many shooting ranges now use steel shot alternatives. Although more expensive and ballistically different than lead, steel is consid- ered the most viable alternative shot material available today for shotgun target shooting. These alternatives do not fragment and are Vegetative Ground Cover Perforated Pipe U.S. Environmental Protection Agency ZONINGPRACTICE 12.13 AMERICAN PLANNING ASSOCIATION I page 5