Land Use Resources
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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.
Resource Category: Solutions
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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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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.
Resource Category: Solutions
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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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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 e conomic 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). .
Resource Category: Solutions
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July 15, 2020
After Hurricane Sandy, New York City (NYC) engaged in a community-driven planning process and implemented multiple voluntary relocation projects in the Edgemere neighborhood of Queens to reduce flood risks and move people out of harm’s way after Hurricane Sandy. The NYC Department of Housing Preservation and Development (HPD) launched the Resilient Edgemere Community Planning Initiative in October 2015 as a collaboration between city agencies, community members, elected officials, and local organizations. The Resilient Edgemere Community Plan lays out a long-term vision for achieving a more resilient neighborhood with improved housing, transportation access, and neighborhood amenities. One of the 65 distinct projects included in the plan was a “land swap” pilot project to provide buyout and relocation assistance to residents within a “Hazard Mitigation Zone” (HMZ), an area of Edgemere at risk of destructive wave action during storms. Through the land swap pilot project, Edgemere residents within a HMZ were eligible to receive a newly built, elevated home on safer ground. In exchange, residents would transfer title of their damaged, original homes to the city. The plan is notable for being developed through an 18-month public engagement process that placed residents, who best understand their community, at the center of an open and transparent neighborhood planning process. Resilient Edgemere can provide an example of how local governments can transition affected residents away from vulnerable areas by helping people relocate nearby and simultaneously build community resilience and help to maintain community cohesion and local tax bases. 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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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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July 15, 2020
The New York City Department of Environmental Protection (NYC DEP) offers flood mitigation buyouts within the NYC watershed, in cooperation with the state, through a Flood Buyout Program that can serve as a model for other coastal and riverine jurisdictions considering retreat. These buyouts are part of a comprehensive flood hazard mitigation program that relies on scientific studies termed Local Flood Analyses (LFA). LFA enable NYC DEP to identify solutions to reduce flooding, which may involve buyouts, and then to fund and implement recommended projects. NYC DEP’s buyouts are primarily funded by local sewer and water bills and may be supplemented by grants from the Federal Emergency Management Agency. Notably, NYC DEP administers a Land Acquisition Program — in addition to its Flood Buyout Program — with a focus on conserving land within the NYC watershed to protect water quality. This dual approach to both buyouts to mitigate flood risk and open space acquisitions to enhance water quality is a unique model that other state and local governments can replicate to achieve co-benefits through land acquisitions. Collectively, NYC’s multiple programs and projects can provide an example for other land-use planners and decisionmakers on how managed retreat through buyouts can be supported through a science-based, comprehensive approach that aims to maximize floodplain hazard mitigation and community resilience. 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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July 15, 2020
The Los Cerritos Wetlands Oil Consolidation and Restoration Project (project) provides an example of how public-private land swap arrangements can be aligned with environmental restoration and protection plans, and used to advance long-term visions for managed retreat. The Los Cerritos Wetlands Complex, located in Long Beach, California, has faced decades of degradation from human activities and development. Much of this remaining wetlands area is privately owned and used to conduct oil operations. The proposed project would transfer 154 acres of privately owned wetlands to public ownership as part of a land swap arrangement. Specifically, as a part of the land swap, the 154 acres currently used for oil production will be exchanged for five acres of wetlands currently owned by the Los Cerritos Wetlands Authority. The land swap will facilitate restoration of a major portion of the wetlands via a mitigation bank, increase public access, and reduce the oil production footprint and consolidate operations. The land swap plan also involves a number of environmental and social tradeoffs, however. These considerations can provide lessons and recommendations for other local governments studying land swaps as a legal tool to facilitate retreat in coastal areas. 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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December 19, 2019
This report from Rebuild By Design describes a proposal to create a Resilient Infrastructure Fund to support green and grey infrastructure projects that reduce flooding, coupled with a buy-out program, to improve the physical, social, and ecological resilience of New York State. It proposes a transparent, inclusive, and equitable approach to finance climate adaptation planning and implementation throughout the state. Though designed for New York, the recommendations are applicable to and can serve as a model for other states.
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