georgetown climate center managed retreat toolkit

| Back to contentBack to content, 91. Agencies should understand the legal issues arising in the context of disinvestment (overviewed below and discussed further in the Crosscutting Legal Considerations section). | Back to contentBack to content, 53. Local governments may also prepare guidance and education and outreach documents to facilitate program awareness and uptake in both types of areas. Woodbridge’s example demonstrates how comprehensive, community-based approaches to buyouts can maximize long-term benefits for communities and the environment. Phasing out maintenance as environmental conditions degrade to certain threshold levels, as laid out and provided for, e.g., in a plan, statute, or ordinance.

Back to contentBack to content, 226. Specifically, as the threats of sea-level rise, flooding, and erosion become more widespread over time, an increasing number of people, from residential homeowners to landlords and tenants, to commercial business owners, will have to weigh the costs of “staying in place” against the benefits of relocating to higher ground. In 2019, the State of Hawaii released the first example of a non-SAMP coastal plan assessing the potential feasibility of managed retreat in Hawaii. The 2011 Florida Legislature passed the Community Planning Act (CPA – HB 7207) making significant changes to the state’s growth management laws, including the addition of optional adaptation planning for coastal hazards and the potential sea-level rise impacts. Adaptive management should involve monitoring conditions proactively in order to leave time for planning and engagement around disinvestment strategies as threshold or “trigger” conditions are approaching. In particular, zoning ordinances provide the legal framework that governs the use and development of land in a municipality according to different districts based on the uses that are permitted (e.g., residential, commercial, industrial). (e.g., State of Hawaii and City and County of Honolulu): hazard mitigation plans, state and local governments develop strategies to protect people and property from future disaster events. See preceding footnote. These plans can then further describe how planned transportation improvements and investments will help achieve targets relating to resilience.

Staff may also require regular training and/or new staff could be hired to address emerging needs. of Sci., Eng’g, & Med., Economic and Development Implications of Transportation Disinvestment 3 (2015), View Source. Highway Admin., Hydraulic Engineering Circular No. Wetlands are being squeezed between sea-level rise on one side and human development on the other, preventing their natural ability to adapt by moving inland to higher ground. Princeville provides an example for other municipalities either in a pre-or post-disaster context for how to balance the need to preserve the original townships while dealing with flooding vulnerabilities and increasing the resiliency of core community assets and services through adaptation actions. Additional considerations relating to transportation infrastructure or other types of public infrastructure, such as drainage assets and flood protection infrastructure, may be added in future updates to the toolkit. Envtl. Local governments should strive to align zoning decisions with different types of local plans and initiatives, in addition to long-term comprehensive plans. While state and local governments must consider constitutional and statutory protections for private property rights, policymakers can likely minimize their legal risk for implementing environmental regulations by being cognizant of existing federal and state takings law (for more information on takings law in a managed retreat context, see the. Successful strategies must be built on and informed by the best available, high-quality data at a local or place-based scale.

Minot’s unique “buyouts for buy-in” model will help to preserve the city’s tax base and community cohesion. Roads that have been eroded, washed out, or weakened structurally (e.g., by heightened groundwater tables) can require more frequent and costly maintenance and repairs. In San Diego, California, the city and various stakeholders are evaluating different land-use and planning alternatives to conserve and restore migrating wetlands in Mission Bay as a part of local decisionmaking processes. Permits can include many types of terms and conditions, such as requiring private property owners to pay impact fees, dedicate portions of their land for specific purposes (e.g., conservation), or restrict the use of their land;See footnote 185 however, this subsection on regulatory tools is focused on one type of condition that requires property owners to remove or relocate structures, as described in the next section. 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 amended its local comprehensive plan to create a “Natural Resource Adaptation Action Area” (NRAAA) overlay district. John D. Echeverria & Thekla Hansen-Young, Symposium: Litigating Takings and Other Legal Challenges to Land Use and Environmental Regulation, 28 Stan. However, policymakers and communities should have open and honest discussions about managed retreat at the outset of climate adaptation planning and decisionmaking processes to ensure that everyone affected can adequately consider all options. 23 C.F.R. Until recently, retreating from the coasts was practically unheard of.”). L. Rev. § 667.1. Both state and local governments administering disaster recovery and other funding programs must ensure that different funding sources can be leveraged to support different aspects of a project (buyout, relocation incentives, development of receiving communities, restoration of buyout sites, etc.) In 2019, the city released an update to its Adaptation Plan that identifies the city’s progress to date and future adaptation actions the city could consider implementing. Governments without an existing living shorelines program will likely have to invest in developing new regulations, policies, and guidance for their states or communities. Collectively, this toolkit is designed to help policymakers: Credit: Integration and Application Network, University of Maryland Center for Environmental Science. on how to ensure new development and redevelopment can better adapt and be more resilient to climate change and other coastal hazards. The answer to the question of when to begin is, ideally, policymakers and communities should bring managed retreat considerations to the table at the same time that more traditional protection and accommodation strategies are presented. After Hurricane Sandy, New York City (NYC) engaged in a community-driven planning process and implemented a “land swap” to help some residents relocate to an existing receiving area in the Edgemere neighborhood of Queens. residents were forced in 1949 to settle in Newtok after the Bureau of Indian Affairs chose the site for a school without first seeking residents' input.”). The objectives of the report are to identify areas of current tidal marsh most resilient to sea-level rise and of the highest value to salt marsh bird species as well as future locations that may support marsh migration corridors. Back to contentBack to content, 221. Notably, LA SAFE is being implemented on both a regional and individual parish scale to coordinate adaptation actions along Louisiana’s coast. at https://www.adaptationclearinghouse.org/resources/east-hampton-new-york-coastal-erosion-overlay-district.html, at https://www.adaptationclearinghouse.org/resources/softening-our-shorelines-policy-and-practice-for-living-shorelines-along-the-gulf-and-atlantic-coasts.html, at https://www.adaptationclearinghouse.org/resources/protecting-the-public-interest-through-the-national-coastal-zone-management-program-how-coastal-states-and-territories-use-no-build-areas-along-ocean-and-great-lake-shorefronts.html. By comprehensively viewing these types of laws in a managed retreat context, policymakers can avoid potential conflicts between laws and agencies by assessing where there are synergies to promote coastal conservation in a changing climate. The availability of these resources allows people to become familiar with buyouts and weigh the advantages and disadvantages of volunteering their properties for the program. As previously stated, not all wetlands can and will be saved, so community input should be sought on these potentially life-impacting decisions. The MAPPR Tool includes four 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 like wetlands migration corridors and higher ground establishment areas that, if protected, would maximize environmental and community benefits. Relocating a road or section of road involves substantial costs, including to complete feasibility and other studies, secure permits, acquire needed land or right-of-way, and construct the new road. Infrastructure agencies should assess whether any climate-informed decisionmaking requirements exist and when they apply (e.g., planning, environmental review, in the context of capital investments vs. repairs and maintenance, etc.). test is applied on a case-by-case basis. Where managed retreat is identified as a preferred coastal adaptation strategy, these plans can better enable states and communities to mitigate potential costs (e.g., economic, environmental, social) at the outset of these processes and not solely view retreat as an option of last resort. As the concept of managed retreat and receiving communities becomes increasingly mainstream. These plans provide the basis for transportation improvement programs (the list of projects to be funded over a five-year timeframe), which then can provide the platform for ongoing decisions about specific infrastructure investment and disinvestment needs. 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. Living shorelines often require fill, and sometimes site grading, that triggers the need for approvals by the Army Corps, in addition to those at the state and local levels. “a separate and distinct cause of action from the law of takings” wherein a property owner is entitled to “relief, or payment of compensation, when a new law, rule, regulation, or ordinance of the state or a political entity in the state, as applied, unfairly affects [or inordinately burdens] real property. In 2018 and early 2019, the Georgetown Climate Center held four meetings on managed retreat (in Miami, Long Beach, Boston, and Washington, DC) with more than 300 state, federal, and local government officials, academics, and other experts to pinpoint effective policies and strategies. Since 1983, Rhode Island Coastal Resources Management Council, the state’s coastal management agency, has adopted eight Special Area Management Plans.

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