Institutional controls (ICs) are restrictions on the use of land. In the context of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund),¹ they are used to reduce the dangers to the public from releases or threatened releases of hazardous substances or dangerous pollutants or contaminants. ICs are used frequently as part of the overall strategy for cleaning up a release, instead of or in addition to active response measures, such as treatment or disposal. ICs, such as restrictive zoning, may operate broadly by preventing particular activities or classes of activities at or near a site. ICs may also be narrow, specific restrictions, such as fencing off a particular area and prohibiting entry, or restricting the use of contaminated groundwater.

While CERCLA does not expressly provide for ICs, they are consistent with CERCLA's purpose. CERCLA recognizes that a remedial action may "result] [ in … hazardous substances … remaining at [a] site."² In addition, it states that relocation of affected persons or facilities may be an appropriate part of a remedy if "such relocation is more cost-effective than and environmentally preferable to the transportation, storage, treatment, destruction, or secure disposition offsite of hazardous substances."³