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Exploring Transfer of Development Rights as a Possible Climate Adaptation Strategy - Urban Land Institute Resilience Panel Focus Group with Miami-Dade County

November 2017

In November 2017, the Urban Land Institute’s Southeast Florida/Caribbean District Council (ULI) published a report in partnership with Miami-Dade County's Office of Resilience exploring the possibility of creating a Transfer of Development Rights (TDR) program in the County of Miami-Dade, Florida as a possible climate adaptation strategy. The report was the result of the work of a ULI Resilience Panel Focus Group - established by ULI and the Office of Resilience - to assess the feasibility of a TDR program and whether one could facilitate the voluntary retreat of people and vulnerable development away from flood-prone areas at the county or municipal level.

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From Newtok to Mertarvik: A Native Alaskan Tribal Village Relocation

Several tribal villages in Alaska are facing impending community-wide climate impacts of permafrost degradation, sea level rise, erosion, and flooding  which require immediate adaptation measures, including the potential of managed retreat. However, only one, the Village of Newtok, is in the process of actively relocating to a new site, Mertarvik, which was conveyed to Newtok through a federal land grant. The Newtok team  composed of federal, state, and local tribal representatives  is prioritizing the development of housing, roads, energy, and an evacuation center in the near-term. The project goal is to relocate everyone in Newtok to Mertarvik by 2023. The Newtok relocation has been funded by a patchwork of federal and state agencies for over 20 years. This case study can highlight one approach and ongoing lessons learned for state and local jurisdictions confronting larger-scale questions about managed retreat, and the process of transitioning entire communities to higher ground. 

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Quileute Tribe of La Push Relocation, Washington State

The federally recognized Quileute Tribe of La Push in northwest Washington is implementing a phased approach to managed retreat in response to climate change impacts of sea-level rise, increased flooding, and storm surge from tsunamis. Specifically, the Tribe is seeking to relocate its school, senior center, government buildings, and future housing above the Tribe’s one-square-mile reservation on the Pacific coast, currently at sea level. The Quileute Tribe’s community engagement processes and planning strategies may provide transferable lessons for other state and local jurisdictions considering similar questions of coastal retreat. 

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Post-Disaster Community Investments in Lumberton Through the North Carolina State Acquisition and Relocation Fund for Buyout Relocation Assistance

2020

Lumberton, North Carolina provides one example of how state funding for relocation assistance can help support local buyouts and community investments in underserved areas. In 2016, the small community of Lumberton was devastated by Hurricane Matthew when the Lumber River flooded over 870 households, as well as a number of businesses. As the city was beginning to recover, only two years later, Lumberton was hit a second time by Hurricane Florence, resulting in damage to over 500 structures. As of 2019, Lumberton is seeking to leverage several grants and funding programs, including North Carolina’s State Acquisition and Relocation Fund (SARF), to rebuild the community and provide residents with relocation assistance to obtain new homes in Lumberton through a state-local partnership. Specifically, with funding from SARF, the local government is considering opportunities to invest in new homes in one existing, but underserved neighborhood of Lumberton that can offer safer homes for bought-out residents. As SARF and the ongoing work in Lumberton demonstrate, state and local governments can support voluntary, post-disaster transitions of people and minimize negative impacts to individuals, communities, and local tax bases from buyouts by reinvesting in underserved areas within their municipalities. 

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Managing the Retreat from Rising Seas — Woodbridge Township, New Jersey: Post-Hurricane Sandy Buyouts

July 15, 2020

Woodbridge Township, New Jersey is working with the New Jersey Blue Acres Program to implement a neighborhood-wide buyout that can serve as an example for other jurisdictions considering larger-scale retreat from coastal areas. Following significant damage from Hurricane Sandy in 2012, Woodbridge applied to participate in the New Jersey Blue Acres Buyout Program. With the support of the state, local elected officials in Woodbridge, including the mayor, committed to a community-based approach and prioritized flood mitigation and future safety and emergency management benefits over potential tax base losses if residents relocated outside of the township. As a result of this approach and an extensive community engagement process, nearly 200 property owners accepted a buyout offer. Once structures are demolished, the township is restoring bought-out land to create a natural flood buffer. The township established an Open Space Conservation/Resiliency Zone to institutionalize protections for this area by prohibiting new development and discouraging redevelopment. Woodbridge’s example demonstrates how comprehensive, community-based approaches to buyouts can maximize long-term benefits for communities and the environment. Other local governments can consider partnering with their states and residents, among others, to use buyouts as a retreat strategy to make communities more resilient. This case study is one of 17 case studies featured in a report written by the Georgetown Climate Center, Managing the Retreat from Rising Seas: Lessons and Tools from 17 Case Studies.

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Maryland GreenPrint and Program Open Space

Through GreenPrint and Program Open Space, the State of Maryland has established a set of land conservation and acquisition data tools and programs to protect open space, environmental resources, and rural lands to meet statewide ecological objectives. The tools and programs are used to help the state adapt to climate change by removing barriers to the inland migration of coastal ecosystems in response to impacts like sea-level rise and land loss. Specifically, a statewide mapping tool called Maryland GreenPrint, which displays lands and watersheds of high ecological value, supports prioritized and transparent decision making, and increased resilience for vulnerable coastal habitats.

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Florida Forever Land Acquisition Program

In 1999, the Florida Legislature passed the Florida Forever Act that established the Florida Forever land acquisition and protection program. The Florida Forever program serves as the state’s blueprint for conservation of natural resources. Through the Florida Forever program, the state is implementing effective land acquisition and preservation strategies supported by mapping tools and ecological data that help the state conduct scientific review and establish conservation priorities based upon climate change risks. Florida’s state legislature prioritized climate change considerations in the Florida Forever Act (Florida Stat. ch. 259.105(17)(d) (2018)) by requiring the Florida Department of Environmental Protection’s Division of State Lands to evaluate lands for acquisition based on their potential benefits to sequester carbon or adapt to climate change impacts, among other criteria. Florida Forever can serve as an example of how other governments and partners can incorporate climate change into land acquisition programs to enhance adaptation and natural resource conservation. 

Resource Category: Law and Governance

 

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Land Acquisition and Restoration Projects in the Greens Bayou Watershed in Harris County, Texas: Greens WetBank and Bayou Greenways 2020

In Texas, Harris County Flood Control District (HCFCD) and other local partners, including the nonprofit Houston Parks Board, are implementing different land acquisition, restoration, and conservation projects in the Greens Bayou watershed in Harris County and the City of Houston. Two programs and initiatives include the Greens Bayou Mitigation Bank (Greens WetBank) and Bayou Greenways 2020. The Greens WetBank is a wetland mitigation bank on nearly 1,000 acres of land in Harris County, where HCFCD restores wetlands and generates revenue by selling “wetland credits” to developers who need to offset wetland losses at locations outside the Greens WetBank’s land in Harris County. In addition, Bayou Greenways 2020 is a large-scale, public-private initiative led by Houston Parks Board to create 150 miles of greenways and trails and an additional 3,000 acres of public greenspace along Houston’s major bayous through land acquisition and conservation efforts. Bayou Greenways 2020 has been the result of an extensive community engagement campaign and funding leveraged from federal, state, local, and private sources to create local parks and open spaces in Houston. Greens WetBank and Bayou Greenways 2020 are examples of how comprehensive land acquisition, restoration, and conservation actions can increase local resilience in a specific watershed by mitigating future flood risks, enhancing the environment, and creating community assets. Other jurisdictions could consider a similar model to coordinate future land uses in a watershed with climate adaptation, including managed retreat strategies, hazard reduction, and natural resource and open space management. 

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Yankeetown, Florida Natural Resource Adaptation Action Area

The Town of Yankeetown, Florida is utilizing a state authorized land-use planning tool  called Adaptation Action Areas  to mitigate the impacts of sea-level rise on local ecosystems. Specifically, Yankeetown is experiencing coastal inundation due to sea-level rise that is causing large swaths of coastal forests to rapidly decline and salt marshes to migrate inland, creating a phenomenon known as “ghost forests.” Yankeetown has taken a unique approach to planning for coastal change by utilizing Adaptation Action Areas. Adaptation Action Areas are overlay districts local governments can utilize to increase management attention and oversight over defined areas within their municipality with the goal of increasing resilience to sea-level rise impacts. Yankeetown amended its local comprehensive plan to create a “Natural Resource Adaptation Action Area,” which is the first instance of a locality in Florida using this tool for the purpose of natural resource management rather than solely infrastructure protection. The tool is helping Yankeetown shape future growth and development to conserve and protect its natural resources in the face of rising seas. Local governments could consider adopting overlay districts like Adaptation Action Areas or other zoning, land-use, or planning tools to reduce or limit development in wetland and forest migration pathways as a part of comprehensive retreat strategies. 

Resource Category: Law and Governance

 

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Massachusetts Audubon Mapping and Prioritizing Parcels for Resilience Tool

2018

Massachusetts Audubon Society (Mass Audubon), the largest non-profit in the state protecting over 38,000 acres of land and habitats, partnered with The Nature Conservancy and LandVest in 2016 to create the Mapping and Prioritizing Parcels for Resilience (MAPPR) Tool. MAPPR includes mapping layers that can help policymakers and conservationists select specific geographic areas (e. g. , town, county, watershed) within the state and identify parcels of land that, if protected, would maximize environmental and community benefits.

Resource Category: Data and tools

 

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