Explore resources and examples, including local ordinances, that can help local governments adapt to, mitigate, or prepare for impacts of flooding and sea-level rise.
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Resource
2014
The City of Boulder, Colorado’s Land Use Code (Boulder, Colorado Revised Municipal Code Title 9, Chapter 3) includes provisions to establish and implement Floodplain Overlay Districts that provide restrictions or additional requirements for all development in areas of the city subject to flooding. This includes the 500 and 100-year floodplains, Conveyance Zones, preserved corridors that allow flood waters to travel to creeks, and High Hazard Zones, areas with the greatest threat of human loss.
Resource Category: Law and Governance
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October 9, 2013
In October 2013, New York City adopted zoning amendments to encourage flood-resilient construction of buildings in designated flood zones. The amendments were put in place to remove regulatory barriers that hindered reconstruction of storm-damaged structures after Hurricane Sandy and to allow reconstructed buildings to comply with higher flood elevations issued by the Federal Emergency Management Agency (FEMA) after the storm. The amendments were designed to ensure that new development and redevelopment would be less at-risk to damages from future flood events and to avoid increased flood insurance premiums.
Resource Category: Law and Governance
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July 2012
This article published in the Sea Grant Law and Policy Journal examines two sea-level rise adaptation approaches that could be applied in Connecticut: a local-level approach using zoning and floodplain regulations, and state-level approach modeled after cutting-edge sea level rise regulations adopted by neighboring Rhode Island. For each method, the authors examine what measures can be implemented now given existing legal authorities delegated to state agencies and municipalities; what measures will require additional delegations or amendments to existing statutes or regulations; and what level of government is best suited to implement different measures (state or local).
Authors or Affiliated Users: Jessica Grannis , Julia Wyman
Resource Category: Law and Governance
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June 2011
'Climate Change and the Puget Sound: Building a Legal Framework for Adaptation,' from the Center for Progressive Reform, identifies both foundational principles and specific strategies for climate change adaptation across the Puget Sound Basin. This manual provides an analysis of adaptation options within the existing legal and regulatory framework in Washington state.
Authors or Affiliated Users: Robert L. Glicksman, Catherine O’Neill, Yee Huang, William L. Andreen, Robin Kundis Craig, Victor B. Flatt, William Funk, Dale Goble, Alice Kaswan, Robert R.M. Verchick
Resource Category: Law and Governance
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May 2010
This case study analyzes Virginia local governments' authority to use existing land use powers to adapt to the impacts of sea-level rise and flooding. Specifically, this study looks at local authority to implement policy options identified in Virginia’s Climate Action Plan. State and local government officials in other states may find the study helpful in determining how local government land use powers in their states may be used as part of a climate adaptation plan. .
Resource Category: Law and Governance
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January 2008
This report examines how a 2006 legislative change to Coastal High Hazard Area (CHHA) policies of HB 1359 changed the CHHA boundaries and may compromise resiliency and land development in Florida's coastal communities, particularly in light of concerns regarding climate change and sea-level rise.
Authors or Affiliated Users: James F. Murley, Ana Puszkin Chevlin, Ann-Margaret Esnard, Rachel Kalin
Resource Category: Law and Governance
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July 2006
Adopted by the Town of East Hampton, New York in 2006, this ordinance (Town of East Hampton Code, Section 255-3-80) includes provisions, among others, to create a Coastal Erosion Overlay District to protect the town's coastline from the effects of coastal erosion measures (i. e. , projects designed to control or prevent coastal flooding and erosion and adjacent upland areas, including coastal ecosystems) in areas at risk of flooding and erosion. The town's natural resources include wetlands, watercourses, tidal waters, natural drainage areas, watersheds, and water recharge areas, as well as beaches, dunes, bluffs, and other coastal features.
Resource Category: Law and Governance
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November 2000
In November 2000, the City of Marina approved an update to add an Urban Growth Boundary (UGB) to its city General Plan and Local Coastal Program (LCP) to prevent urban sprawl and to preserve undeveloped land near the coast. The main purpose of the UGB Initiative is to restrict land within the UGB to open space and recreational uses until at least December 31, 2020 (when the current initiative expires, unless it is extended by the city). Low-density zones that were mapped along the coast provide the guidance and land-use controls for these areas. While the UGB and low-density zones were not established for the explicit purpose of managed retreat, they can serve as an example of land-use and zoning tools other municipalities could consider to conserve coasts, natural resources, and other open spaces in the face of sea-level rise and erosion.
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This report summarizes selected local land use ordinances and regulations that include specific mention of sea level rise or that incorporate appropriate policy responses that may be used to address sea level rise. While developed for The Nature Conservancy Long Island, it is a useful resource for any coastal state.
Resource Category: Law and Governance
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