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New York Community Risk and Resiliency Act Implementation Guidance

November 4, 2020

In November 2020, the New York Department of Environmental Conservation (DEC) released a series of four guidance documents to implement part of the New York Community Risk and Resiliency Act (CRRA), as amended by the New York State Climate Leadership and Community Protection Act (CLCPA). The CRRA requires that state agencies consider future climate impacts as a part of certain planning, permitting, and funding actions. The CRRA also requires that the DEC issue guidance for state agencies and other audiences to implement the CRRA. In accordance with that requirement, DEC issued four guidance documents: (1) Using Natural Measures to Reduce the Risk of Flooding and Erosion, which describes natural resilience measures and their uses for reducing risks associated with erosion and flooding; (2) New York State Flood Risk Management Guidance, which presents recommendations to state agencies on considering flood risk in planning and project implementation; (3) a guide on Estimating Guideline Elevations, which presents the principles introduced in the New York State Flood Risk Management Guidance to assist planners, engineers, designers, and architects in flood mitigation project design; and (4) Guidance for Smart Growth Public Infrastructure Assessment, which provides general principles of climate risk mitigation that state agencies should follow when undertaking "smart growth assessments" required by the CRRA and other state statutes. While these guidance documents were developed by DEC to facilitate implementation of the New York Community Risk and Resiliency Act, much of the information presented is applicable to other jurisdictions that seek to manage floodplains in accordance with climate risks.

Related Organizations: New York State Department of Environmental Conservation (DEC)

Resource Category: Law and Governance

 

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South Carolina Disaster Relief and Resilience Act

September 29, 2020

In September 2020, the South Carolina legislature passed the Disaster Relief and Resilience Act ("the act," S. B. 259, codified at S. C. Code Ann. §§ 48-62-10, 48-62-310, 6-29-510(D)) to increase the state's resilience to natural disaster and flooding events. The act establishes the position of Chief Resilience Officer and the South Carolina Office of Resilience to coordinate disaster recovery and resilience efforts within the state, creates the Disaster Relief and Resilience Reserve Fund to finance disaster recovery efforts and hazard mitigation projects, and creates the Resilience Revolving Fund to provide low-interest loans to local governments to perform floodplain buyouts and restoration.

Resource Category: Law and Governance

 

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Tehama, California Elevating Homes

The City of Tehama, California is working to protect vulnerable residents from flooding through elevation of their homes. Tehama is adjacent to the Sacramento River in the northern Central Valley and has endured several floods over the years. As climate change is anticipated to increase the potential for flooding in this area, residents are at a greater risk of losing their homes to flooding. Many of the residents are unable to pay for the cost of elevating their homes, prompting the city to patch together non-municipal funding sources to substantially reduce residents’ costs. The majority of the cost was covered by the U.S. Army Corps of Engineers (USACE) through Section 205 of the Flood Control Act of 1948, and the Central Valley Flood Protection Board. The remaining 10% of the cost could be covered by funds from the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CBDG) program for low income residents. 

Related Organizations: U.S. Army Corps of Engineers (USACE), City of Tehama, California

Resource Category: Solutions

 

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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. 

Related Organizations: Harris County, Texas, Houston Parks Board

Resource Category: Solutions

 

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New York State Resilient NY Flood Mitigation Studies, Buyouts, and Floodplain Restoration Projects

2018

Multiple serious flood events, hurricanes, and storms have prompted New York State’s (NYS) Department of Environmental Conservation (DEC) to develop a range of mitigation and adaptation initiatives to address future flood hazards and improve community resilience. The state is completing a series of Flood and Ice Jam Mitigation Studies within 48 high-priority watersheds across New York State - as a part of an initiative called Resilient NY - to identify the causes of flooding and ice jams and to evaluate priority mitigation projects, like buyouts, to reduce risks. New York’s example is noteworthy for selecting buyouts as part of a comprehensive flood-risk mitigation analysis as a result of Flood and Ice Jam Mitigation Studies, compared to other buyout programs that utilize standalone eligibility criteria based on existing floodplain maps (e.g., a property is eligible for buyouts based on flood zones). Where buyouts are identified as a priority option to mitigate future flood risk, DEC can work with local governments through a unique partnership to remove structures from vulnerable areas and restore floodplains. Specifically, the state can oversee and provide support for locally led and administered buyout programs that can be applied across the state’s watersheds. This data-driven, state-local approach to buyouts can serve as a model for other jurisdictions considering buyouts and floodplain restoration as managed retreat strategies at the community level that would benefit from statewide consistency, assistance, and resources.

Related Organizations: New York State Department of Environmental Conservation (DEC)

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Annexing and Preparing Higher Ground Receiving Areas in Princeville, North Carolina Through Post-Disaster Recovery Processes

In 2017, the Town of Princeville, North Carolina engaged experts and communities in a long-term, comprehensive planning process to annex a 53-acre parcel of land located outside of the town’s 100-year floodplain to develop a safer, higher ground area where residents, structures, and infrastructure can be relocated. After experiencing flooding impacts from Hurricane Matthew in 2016, Princeville was selected as one of six municipalities in North Carolina to receive technical and funding support from the state through the Hurricane Matthew Disaster Recovery and Resilience Initiative. Princeville provides an example for other municipalities either in a pre-or post-disaster context for how to balance the preservation of original townships while dealing with flooding vulnerabilities, while increasing the resiliency of core community assets and services through adaptation actions. As done in Princeville, local governments may consider options for relocating vulnerable residences and community facilities and services, including by annexing new land where sufficient higher ground land within existing municipal boundaries is not available to reallocate critical land uses and maintain local communities, tax bases, and economies.

Related Organizations: Town of Princeville, North Carolina

Resource Category: Solutions

 

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Managing the Retreat from Rising Seas — King County, Washington: Transfer of Development Rights Program

July 15, 2020

The King County Transfer of Development Rights (TDR) Program in Washington State uses a unique market-based tool to achieve long-term planning goals and incentivize development in strategic areas that can be coupled with other legal and policy tools as a part of comprehensive coastal retreat strategies. King County created the TDR Program in response to state growth area management requirements and objectives. Participating local governments designate two areas "sending areas" — typically farmland, forest, open space, or priority natural resources areas — where they want to limit new development; and "receiving areas" in mostly urban areas where existing services and infrastructure can accommodate growth. Landowners in sending areas can sell their development rights to project proponents in receiving areas who can then use those rights to increase the size or density of a development project. Between 2000 and July 2019, 144,290 acres of rural and resource lands were conserved and protected through the King County TDR Program. The King County TDR Program provides one example of how several types of land acquisition programs and funding sources can be leveraged to achieve the benefits of both conservation and new, more resilient development. In a managed retreat context, TDR Programs modeled after King County can be used to preserve lands for ecological benefits through conservation easements, while ensuring new development is concentrated in areas that are less vulnerable to flooding and coastal hazards, such as sea-level rise and storm surges. 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.

Resource Category: Law and Governance

 

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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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Managing the Retreat from Rising Seas — City of Austin, Texas: Flood Risk Reduction Buyout Projects

July 15, 2020

The City of Austin, Texas has adopted a model to provide consistent relocation benefits for voluntary home buyouts in the city’s floodplains as a part of its “flood risk reduction projects.” In addition to the cost of a person’s original home, the city will provide homeowners with moving and closing costs, and a replacement housing payment if the cost of a new comparable home (located outside of the city’s 100-year floodplain) is more than the original home. This policy encourages owner participation in the buyout program and helps to minimize the economic and social costs of relocation. The city’s Watershed Protection Department prioritizes buyouts in accordance with a Watershed Protection Master Plan that strategically guides related city actions, including potential buyouts, to reduce the risks associated with erosion, flooding, and poor water quality. A mix of municipal bonds, federal grants, and local funds (primarily through a drainage fee paid by owners of properties based upon impervious surface cover) have been used to fund the buyouts. Austin’s example is noteworthy for its emphasis on implementing buyouts in accordance with a comprehensive flood mitigation program and facilitating transitions for people located in floodplains through relocation assistance. Other jurisdictions considering managed retreat could implement an interdisciplinary buyout approach across different sectors and government agencies (e.g., floodplain and emergency management and housing and community development). .

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Managing the Retreat from Rising Seas — Harris County, Texas: Flood Control District Local Buyout Program

July 15, 2020

Harris County, Texas established a voluntary home buyout program through the regional government agency, the Harris County Flood Control District (HCFCD), that can serve as an example for other local jurisdictions considering retreat from coastal and riverine flood-prone areas. The buyout program is focused on risk reduction and flood mitigation best practices, where once bought out, properties are returned to open space uses to restore their natural beneficial flood retention functions. HCFCD has developed an effective communication and outreach strategy to educate the public and encourage program participation. Historically, properties have been acquired with grants from the Federal Emergency Management Agency’s Hazard Mitigation Assistance program, Department of Housing and Urban Development’s Community Development Block Grant program, and local funding from a dedicated ad valorem property tax (i.e., a tax based on a property’s assessed value). Other state, regional, and local jurisdictions considering managed retreat could implement a similar comprehensive buyout model that operates in both a pre- and post-disaster context to reduce flood risks and engages the community throughout the entire process. 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.

Resource Category: Solutions

 

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