The demands on local government will continue as Warrenton grows into a commercial and industrial center. Key issues such as water supply, stormwater runoff, air quality, and noise will affect development on issues far removed from simple land use decisions on individual properties.
This local environmental control is made possible by the authority that Missouri statutes have granted to the cities for the health, safety, and general welfare of their inhabitants, to govern the use of land within their corporate limits, and to exercise control over development within their municipal boundaries.
Therefore, the Board of Aldermen of the City of Warrenton can, within the legal bounds of the currently existing code of the City of Warrenton and other laws, provide for the environmental protection of the citizens of Warrenton through the establishment of new environmental code sections and/or through amendments to presently existing environmental code sections.
Understand what authority is available to help protect the interests of residents of Warrenton as development is allowed.
Missouri Law Gives the Board Authority to Act
The mayor and Board of Aldermen of the city are given authority by Chapter 79 of the Revised Statutes of Missouri to enact and enforce any ordinance that is necessary for the operation of the city and to provide for the health, safety and general welfare of its inhabitants. Such ordinances must be consistent with the laws of the State of Missouri.
Chapter 89 sets forth Missouri Law for Municipal Planning and Zoning.
Section 89.020 MO RSA permits municipalities to regulate the location and use of land and buildings. Section 89.040 sets forth the purpose of zoning for health and welfare of people and to provide adequate community facilities and services for conservation of resources and development of adequate community facilities and services for conservation of resources and.
Above laws can be used as models for developing additional environmental protections during development within the city.
In creating environmental standards for new development within the City of Warrenton, a lawful purpose must be expressed and the standards must be reasonably related to said purpose. In addition, the new environmental standard(s) must not conflict with any existing state or federal environmental standard(s).
Under Missouri law (Section 643.140), local governments have been empowered to promulgate and enforce local air pollution control ordinances as long as the rules do not conflict with state or federal rules and regulations concerning environmental quality.
It is also important to note that the city does not have the authority to establish a separate environmental permitting system for environmental issues within the city. Furthermore, the city cannot supersede permits issued by state agencies.
Warrenton Already Has Environmental Protections in Place
Environmental issues are not new issues in the City of Warrenton. The City currently addresses environmental issues with several chapters of code that regulate environmental issues in relation to development.
Chapter 430 regulates stormwater management in order to prevent flooding, sedimentation and erosion of water courses. The requirements for adequate stormwater planning and for reviewing measures to protect against drainage and erosion problems are laid down in this chapter.
This chapter does not attempt to be a comprehensive list of all environmental regulations currently in place for development within the city of Warrenton. Rather, there are several chapters within the municipal code that currently deal with environmental issues in development. For example, Chapter 430 deals with stormwater management to attempt to prevent and reduce flooding, sedimentation and erosion. Chapter 415 establishes the city’s floodplain management regulations. And, as mentioned above, Chapter 405 deals with the zoning for environmental concerns.
Note that Section 405.265.Warrenton Municipal Code already recognizes values in environmental landscaping including groundwater recharge, stormwater management, aesthetic value or beauty, cooling by means of shade, noise abatement, and glare abatement.
The city has also adopted more specialized protections.
Warrenton long ago developed environmental controls to its zoning ordinance with regards to development. An example of such control is found in Ordinance No. 2978 adopted December 16, 2025, which established Section 405.284 Large-Scale Standby Generators and Fuel Storage.
The 100-foot separation from property lines of record is required for large-scale standby generators and associated fuel storage. The routine testing of generators will be restricted to specific hours of the day. Additionally, fuel storage facilities must be designed and show that they can be adequately operated to prevent any type of environmental release including groundwater contamination. The noise from generators will be limited to 60 decibels A-weighted as measured by specific test methods.
A couple of examples of how the City of Warrenton is using ordinances to try to mitigate certain environmental impacts associated with development within the City are shown below.
The real questions are: Do we need more environmental protection? Are the current environmental protections that exist today for projects of similar size and environmental impact sufficient for future projects? Does the City of Warrenton have the resources to continue to enforce current environmental regulations as they exist today?
Protecting Water Resources and Municipal Infrastructure
Water availability is an issue to be addressed in review of new development to ensure that water for such development will be available.
Industrial facilities, manufacturing plants, and large data centers often require significant volumes of water for equipment operation and building cooling. The characteristics of such water use can vary depending on the specific facility or use.
A municipal water protection ordinance would detail the necessary requirements to properly evaluate a given development’s water demands prior to their approval to develop.
Engineering studies would be required by the Board of Commissioners of qualifying projects to outline anticipated daily and peak water consumption, as well as wastewater discharge, and the required infrastructure to support such consumption.
These studies would determine how the proposed development would affect the City’s supply of water to make water for the proposed development. The study would look at how much water would be needed on a daily basis as well as during peak demand periods. The study would also identify the required water treatment, water distribution, and emergency water supply capacity needed to serve the proposed development.
The Board may wish to consider whether water conservation measures, such as meters for example, water reuse systems, or enhancements to municipal water systems infrastructure to support new water customers, should be included in development standards or a lawful utility agreement.
The starting point for analyzing how major new water customers will be handled would be the municipal water regulations currently found in Chapter 705 of the Warrenton ordinances.
Set benchmarks for infrastructure providers to ensure that the city is not locked into a course of action prior to approval of development.
Such a revision of how to evaluate major water customers would, of course, need to be developed in a manner to take into account the City’s current utility obligations, contract provisions, and other applicable laws of the State of Missouri.
Strengthening Stormwater and Groundwater Protection
Construction alters the natural way that water on land moves during rain events (e.g. as runoff) by removing vegetation and other natural features and covering land surfaces with pavement and buildings that fill space between structures.
Without proper controls, these changes can cause erosion, cause sediment to move and become a flood danger to other properties.
Review Warrenton’s existing Chapter 430 for adequacy of design standards for large developments, changing land uses, and downstream affects on neighboring properties.
Possible amendments for constructing stormwater systems could include increased requirements for preserving natural drainage corridors, maintaining adequate vegetated buffers, the use of stormwater retention or detention facilities, and requirements to verify that the post-construction flow will meet established standards for stormwater runoff.
Inspect stormwater facilities constructed under plan approval after construction of the facility is complete for proper functioning, maintenance and repairs.
Groundwater protection presents a related concern.
For sites storing fuels, chemicals, etc. that have the potential to be hazardous, site design and spill prevention could be lawful requirements. This could include requirements for secondary containment, access for emergency response, controls for drainage of the stored materials, and a plan for dealing with spills including documentation of what materials are on site and how one would respond in the case of a spill.
Permits required from the Missouri Department of Natural Resources for land-disturbance activities (including smaller individual activities of one acre or less that are part of a larger activity of one acre or more) for construction activities such as those related to industrial development.
Those ordinances would also have to be written to be sure they do not conflict with state and/or federal environmental laws.
Establishing Measurable Noise, Lighting, and Air Quality Standards
Environmental concerns that affect the quality of the environment where people live can affect how a development will affect neighbors and surrounding properties.
Such items could include noise made by equipment in operation 24 hours a day, 7 days a week; lighted signage or operations and industrial activities; and emergency generators.
For example, Warrenton already has an ordinance regulating generators, which sets out specific measurable operating standards.
A more in-depth study could examine the need for additional noise standards for certain pieces of industrial equipment, such as outdoor cooling towers, ventilators and other similar pieces of equipment that constantly emit sound.
Many issues could be addressed by establishing different standards for day time and night time activity including where sound would be measured and a clear and consistent process for handling complaints.
One way to monitor a resident’s complaint is to establish measurement standards in order to clearly define what is considered to be in compliance with given environmental standards.
Similarly, standards for the direction, intensity and hours of operation of outdoor lighting may be established to use shielded fixtures in proper locations to minimize the impact of light on neighboring properties.
Note that emissions from many industrial facilities and stationary generators are regulated by state and federal programs that issue permits for air emissions.
Qualifying equipment can be identified by development applicants and required to be disclosed in development reviews. Proof of the existence of required air permits for all such equipment could also be required during development review as a means to ensure that all required environmental protection has been addressed through proper state and federal permitting and that all such environmental issues are addressed through lawful local development review rather than unlawful zoning trade-offs.
State programs such as the Missouri Department of Natural Resources must be coordinated with in order to require evidence of compliance with air quality regulations within lawful local development review.
Preserving Green Space and Natural Buffers
Landscaping requirements can serve purposes beyond appearance.
Trees and vegetation (and space for growth of same) absorb stormwater, reduce heat, provide screening of uses, and create separation between different uses.
Warrenton already addresses many of the above functions within Section 405.265.
The Board may also consider adding additional requirements for development of mature trees, development of buffers around residential properties, stream corridors, etc. and require replacement of destroyed vegetation.
The new development standards need to be written in such a manner to take into account the existing physical characteristics of the property as well as the needs of the development.
An example would be an industrial site that must have several large areas of land cleared for emergency access, for placement of certain types of utility and other equipment, etc. These environmental standards must clearly state their objectives, and have criteria by which to grant exceptions in individual cases, rather than on a case-by-case basis.
Should special treatment of environmentally sensitive sites or other sites with environmental concerns be considered by developing an overlay district for those sites and amending the standards in that district as needed?
Warrenton currently has zoning by reference (through Missourt cities codes) which includes an existing form for an overlay district within the current zoning map and standards for development in said area.
How the Board Can Adopt New Ordinances
Just because something is “bad” for the environment does not mean that an ordinance can be adopted to prohibit it.
One must start with an analysis of the current environmental municipal regulations and where more are needed.
For a number of reasons, the Board could direct staff (city, Planning and Zoning Commission, city attorney), and possibly outside experts (e.g. engineers), to identify additional environmental protection measures and map out corresponding ordinances as amendments to existing ones. The study should contain information about environmental protection as well as possible added administrative requirements.
Section 405.350 outlines the approval process for zoning amendments which include proposals from the Board of Aldermen, Planning and Zoning Commission, city departments and private applicants.
The Board of Aldermen could request a zoning change as a proposal by the Board of Aldermen, Planning and Zoning Commission, a city department or by private application. All proposals must go through a public hearing held by the Planning and Zoning Commission after proper notice has been given.
As stipulated by Missouri statute 89.050, the zoning hearing must be held within fifteen (15) days after the proper publication of notice.
Once an environmental issue has been determined to need to be addressed through legislation, the proposed ordinance(s) are introduced in a public meeting of the Board of Aldermen and the matter put to a vote after two readings. Other aspects of the legislation regarding reading of ordinances are listed in Section 79.130, Mayor’s approval required — Voting — Effective date — Enforcement; veto by Mayor — Legislative override.
Although zoning ordinances are the most likely type of environmental ordinance to be proposed, there are many environmental ordinances that are not related to zoning (e.g. public health and safety). Each proposal would need to be reviewed with the city attorney to determine what the proper procedure would be for passage of that ordinance.
A second consideration involves the knowledge of problems which engineering reports or development plans fail to bring to the attention of local government. Much can be learned about a community’s problems through public involvement. Local residents have first-hand knowledge of problems associated with recurring flooding, excessive noise, clogged drainage, etc. that need to be explored.
Enforcement Determines Whether an Ordinance Is Effective
Once the requirements for an ordinance are set, administrative details have to be worked out to ensure the environmental protection legislation is actually put into practice.
When developing an environmental ordinance, administration of the environmental ordinance needs to be outlined in detail. This includes who is going to enforce the compliance with the environmental ordinance and the type of documentation that will be required. Also, how often will inspections be conducted and what action will be taken in the event of a violation of the environmental ordinance.
A stormwater ordinance might require property owners of privately owned drainage facilities to maintain certain records such as inspection reports. A noise ordinance may require that the city have certain measurement procedures in place and that the city investigate complaints regarding noise.
Is sufficient staff and technical expertise currently available within the City to carry out new environmental rules and regulations, or will additional outside expertise be required to monitor compliance?
Engineers or environmental consultants may be required for large developments to review complicated environmental information and to provide recommendations.
Because Warrenton already has corrective actions, such as a notice to correct, stop work orders and penalties in its current ordinances, any expansion would have to be done within the framework of existing enforcement tools and municipal authority.
A rule must be clearly written, easily understood by affected property owners, and strictly and consistently enforced. Rules that cannot be reasonably inspected or otherwise enforced are essentially worthless.
Understanding the Limits of Local Authority
Remember, though, there are limits to what the Board can try to accomplish by enacting ordinances.
Municipalities in Missouri operate under the authority granted in the state laws pertaining to municipalities. Local ordinances cannot contravene the laws of the state of Missouri or the laws of the United States or abrogate any individual rights afforded by Constitution.
Specific environmental issues such as environmental assessment, pollution prevention, hazardous waste management, and superfund dump sites are largely controlled by other agencies such as the Missouri Department of Natural Resources and the Environmental Protection Agency.
Additionally, there are approved developments, legal nonconforming uses, contractual obligations and vested rights of property owners that would need to be considered in the enactment of any new environmental ordinances.
Thus, the mere adoption of a new ordinance does not automatically change the approval status of pending development applications nor does it grant the city additional conditions outside of its legal authority.
These limitations make careful drafting essential.
All of these limitations on municipal authority relate to the ability of a city to govern development. The limitations do not relate to the ability of a city to establish reasonable development standards. All municipal authority is based upon a sufficient legal basis and must be clearly written and precisely administered.
A Practical Path Forward for Warrenton
Start with examining the code as it now exists for environmental matters.
Start by conducting a comprehensive review of existing environmental related ordinances including Chapters 405, 415, 430 and 705 as well as existing regulations pertaining to generator and fuel storage.
The current environmental regulations could be reviewed for sufficiency for different types of development. The review could identify those development issues that are currently being regulated sufficiently, need clarification or additional ordinances.
Identify whether current methods of enforcement of existing requirements are working effectively.
Once identified, those environmental issues needing protection through new environmental ordinances can then be evaluated for legal authority, needed protections, and compliance costs by the Planning and Zoning Commission and the Board of Aldermen.
However, transparency of proposed environmental ordinances and supporting engineering studies, as well as materials distributed for public hearing, will be key for residents in determining whether actual environmental protection is afforded.
The most important issue of all is that the Warrenton of the future will include the use of land, water, for construction of physical facilities and for other purposes, as well as for relations with property owners near developed facilities. All of these issues can be affected by local environmental ordinances.
Existing laws allow the City to add whatever environmental measures that the City deems appropriate. The question of whether or not such measures are adequate, and enforceable, will be a matter for the Planning and Zoning Commission and the Board of Aldermen to decide.
Sources and Legal References
- Missouri Revised Statutes, Section 79.110, Municipal Ordinance Authority. Missouri Revisor of Statutes
- Missouri Revised Statutes, Sections 89.020, 89.040 and 89.050 (RSMo 89.010-89.250). Missouri Revisor of Statutes. http://revisor.mo.gov/main/OneChapterRng.aspx?tb1=89.010+to+89.250.
- Missouri Revised Statutes, Section 79.130, “Procedure for Adoption of ordinances.” Missouri Revisor of Statutes. Http://www.revisor.mo.gov/main/OneSection.aspx?bid=36191§ion=79.130.
- Missouri Revised Statutes, Section 643.140, Local Air Pollution Authority. Missouri Revisor of Statutes
- City of Warrenton Municipal Code, Chapters 405, 415 and 430 for Zoning, Floodplain and Stormwater regulations. Warrenton Municipal Code
- City of Warrenton Municipal Code, Section 405.284, Standby Generator Use and Fuel Storage, Ordinance No. 2978, December 16, 2025. Warrenton Zoning Regulations
- City of Warrenton Municipal Code, Chapter 705 – Potable Water and Cross-Connection Control. Warrenton Water Regulations
- Missouri Department of Natural Resources, Construction Land Disturbance Permits. Missouri DNR.
*Prepared by Warren County Citizens for Responsible Development (WCCRD) for your information. This article contains general information regarding civic and legal matters and is not intended to be used as formal legal advice. Any proposed ordinances should be reviewed by the city’s legal counsel.
