## Session No. 35

### Course Title: Coastal Hazards Management

### Session Title: Local Policy I

### Author: Anna K. Schwab

**Time: 100 minutes**

**Objectives:**

35.1 Describe the general police power, and the source of local
government authority.

35.2 List the five major categories of local government power.

35.3 Describe how planning fits into the local government policy regime,
and the various types of plans that local governments can create.

35.4 Become familiar with the major types of land use regulations
available to local governments to manage coastal hazards.

35.5 Describe the major tenets of acquisition and management of land as
a local government management tool, and how it can be used to manage
coastal hazards.

35.6 Understand how restoration of natural areas can be used to manage
coastal hazards

**Scope:**

Although local communities do not operate in isolation \-- indeed, as we
have discussed in earlier sessions, local government represents only one
of the many layers of management in the coastal zone \-- they do exert
significant influence. It is at the local level that land use patterns
are determined, infrastructure is designed and provided, and many other
development issues are decided. It is also at the local level that
hazards are experienced and losses are suffered most directly.

This session and the one following will give students a broad
understanding of the types of powers that local governments can wield in
managing the coastal areas within their jurisdiction. It should be noted
that these powers are generally quite broad. The authority to manage
coastal hazards is often limited only by local decision-makers'
creativity and willingness to be proactive.

The topic of local government policy is introduced in Session 35 with a
short discussion of the general *police power* and the *source of local
government authority*, as well as a brief mention of the notion of
*growth management*. Local government *planning* is also introduced as a
management tool. Session 35 further develops the discussion of local
policy with a description of *regulation* (including zoning, subdivision
regulation, building codes and flood damage prevention), as well as
*acquisition and management* of land.

The discussion of local policy will continue in Session 36 with an
introduction to the local government powers of *taxation*, *spending*
and *education*.

**Supplemental Considerations:**

These sessions on local government policy do *not* touch on many of the
intriguing, complex, and often controversial issues that could be raised
during a more thorough examination of local management of coastal
hazards. These include such diverse topics as the political realities of
local policy-making; the issue of private property rights; the
parochialism of some local governments (as opposed to taking a wider,
more regional view); debates over economic development and expansion of
the tax base versus government regulation of land uses; and affordable
housing concerns, to name but a few.

The Instructor may wish to bring up some of these issues for class
discussion if time permits.

Students should also bear in mind the fact that local government policy
is just that -- it's *local*. While the authority to manage coastal
hazards may be quite broad for individual local governments, there is
much more limited power to control the activities outside a locality's
borders. Although extraterritorial jurisdiction is authorized in some
states, it is usually limited to areas within a few miles of the
government's territorial limits. The implications for hazard management
become clear when we remember that natural processes do not recognize
the artificial political boundaries that establish the extent of local
control.

**Readings:**

*Student and Instructor Readings:*

Beatley, et al. 2002. *An Introduction to Coastal Zone Management*,
2^nd^ Ed. Washington, D.C.: Island Press, pp. 197-225.

Mileti, Dennis S. 1999. *Disasters By Design: A Reassessment of Natural
Hazards in the United States*. Washington, D.C.: Joseph Henry Press, pp.
155-207.

Olshansky, Robert B. and Jack D. Kartez. 1998. "Managing Land Use to
Build Resilience," in Burby, Raymond J., ed. *Cooperating With Nature:
Confronting Natural Hazards with Land Use Planning for Sustainable
Communities*." Washington, D.C.: Joseph Henry Press, chapter 6.

*Additional Instructor Readings:*

Ducker, Richard. 1988. "Land Subdivision Regulations," in Frank S. So,
ed., *The Practice of Local Government Planning*.. Washington, D.C.:
International City Management Association, pp. 198-250.

Kelly, Eric Daimon. "Zoning," in Frank S. So, ed. *The Practice of Local
Government Planning*. Washington, D.C.: International City Management
Association, pp. 251-283.

**General Requirements:**

The content should be presented as lecture supported by PowerPoint
slides, with interactive discussion. Some suggested questions to be
posed to students are included.

The Instructor may wish to eliminate from the class presentation any
material that explains how specific policy tools can be used for hazard
management purposes, and instead, lead a class discussion in which
students describe how *they* think local governments can apply these
tools to coastal hazards management, based on the assigned readings, as
well as their own creativity.

**PowerPoint Slides**:

**PowerPoint 35.1** Session Outline

**PowerPoint 35.2** Session Outline

**PowerPoint 35.3** Session Outline

**PowerPoint 35.4** Session Outline

**PowerPoint 35.5** Session Outline

**PowerPoint 35.6** General Police Power

**PowerPoint 35.7** Fundamental Powers of Local Governments

**PowerPoint 35.8** Types of Local Plans

**PowerPoint 35.9** Zoning

**PowerPoint 35.10** Zone District Map

**PowerPoint 35.11** Types of Use

**PowerPoint 35.12** District Requirements

**PowerPoint 35.13** Zoning for Hazard Mitigation: Strengths

**PowerPoint 35.14** Zoning for Hazard Mitigation: Strengths

**PowerPoint 35.15** Zoning for Hazard Mitigation: Weaknesses

**PowerPoint 35.16** Subdivision Regulations

**PowerPoint 35.17** Typical Subdivision

**PowerPoint 35.18** Provisions for Subdivision Regulations

**PowerPoint 35.19** Subdivision Regulations Require Project
Improvements

**PowerPoint 35.20** Building Codes

**PowerPoint 35.21** Building Codes Can Address Hazard Elements

**PowerPoint 35.22** Building Code Enforcement

**PowerPoint 35.23** Flood Damage Prevention Ordinance

**PowerPoint 35.24** Minimum NFIP Flood Prevention Standards

**PowerPoint 35.25** Acquisition of Hazard-Prone Property

**PowerPoint 35.26** Federal Funding Programs for Acquisition and
Relocation

**Objective 35.1 Describe the general police power, and the source of
local government authority.**

**Requirements:**

The content should be presented as lecture, supported by PowerPoint
slides. Class discussion is to be encouraged.

The lecture may begin with a brief overview of the topics to be covered
during this session, as outlined in PowerPoint slides 35.1 -- 35.5.

The following slides will be used during this Objective.

**PowerPoint 35.1** Session Outline

**PowerPoint 35.2** Session Outline

**PowerPoint 35.3** Session Outline

**PowerPoint 35.4** Session Outline

**PowerPoint 35.5** Session Outline

**PowerPoint 35.6** General Police Power

**Remarks:**

**[Outline of the Session]{.underline}**

The Instructor may wish to begin the lecture by outlining the various
topics that will be discussed during this Session. PowerPoint slides
35.1 through 35.5 are designed for this purpose.

> **\[PowerPoint 35.1 Session Outline\]**
>
> **\[PowerPoint 35.2 Session Outline\]**
>
> **\[PowerPoint 35.3 Session Outline\]**
>
> **\[PowerPoint 35.4 Session Outline\]**
>
> **\[PowerPoint 35.5 Session Outline\]**

**I. Introduction**

######## 

A.  **What Do We Mean By "Local Policy?"**

    Policy expresses a local government's commitment to reducing damage
    from high risk hazards and provides the authority and guidance for
    mapping, regulation, planning, spending and other local activities.
    Policy can be thought of as an expression of political will. Elected
    leaders and administrators want to get something done -- saving
    lives and reduce private and public costs associated with natural
    hazards.

######### B. General Police Power {#b.-general-police-power .unnumbered}

State governments possess an **inherent power -- the "police power"** --
to enact **reasonable legislation** and protect the health, safety, and
general welfare of the public.

\[**PowerPoint 35.6** **General Police Power\]**

1\. As we learned in Session 12, the **10^th^ Amendment** to the US
Constitution **delegates this power to states**, which in turn, through
their state constitutions, delegate some of these powers to local
governments.

2\. Most **local governments** are given a fair amount of **autonomy**
to enforce their police power, particularly as it pertains to
**emergency management** functions.

a.  State legislation, however, controls what local governments can
    legally do. While certain federal laws may have bearing on local
    government activities, the local government **must have the proper
    delegation from the state in order to act**.

b.  This principle is known as "**Dillon's Rule."**

c.  In **Home Rule States**, general power is delegated by the state
    legislature to municipalities to enact laws, and to adopt and
    enforce regulations that are necessary for it to govern.

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3.  **Enabling Acts** are the traditional means by which a state
    legislature grants power to a local government.

> For example, a Zoning Enabling Act authorizes local governments to
> create and enforce a zoning ordinance.

4\. The **duty** of the government **to protect the heath and safety**
of community residents is indisputable.

a.) Development decisions that do not take into account **known risk
factors** in terms of flooding, high winds, storm surge, erosion or
other natural hazards could place people and property in danger.

b.) In fact, the argument can be made that a local government could
possibly be held **liable** for permitting uses in high-hazard areas
that result in death or serious injury.

**Objective 35.2 List the five major categories of local government
power.**

**Requirements:**

The content should be presented as lecture, supported by PowerPoint
slides. Class discussion is to be encouraged.

PowerPoint slides to be used during this Objective:

**PowerPoint 35.7** Fundamental Powers of Local Government

**Remarks:**

**\[PowerPoint 35.7** **Fundamental Powers of Local Government\]**

**I. Fundamental Powers of Local Government**

**A.** There are a few **fundamental functions** that fall under the
general police power of local governments that can be used to carry out
the duty to protect health and safety. We will discuss these functions
-- summed up with the acronym **RATES** \-- in today's session and the
next:

> **R: Regulation**

Most states have granted local jurisdictions broad regulatory powers to
enact and enforce ordinances that deal with public **health, safety, and
general welfare**. These include zoning, floodplain and subdivision
ordinances, building codes and building inspections.

**A: Acquisition:**

Legislation typically empowers local governments to acquire property for
public purposes. **Removing at-risk coastal property** from the private
market is a useful mitigation tool.

**T: Taxation:**

Taxes and special assessments can be an important **source of revenue**
for governments to help pay for mitigation activities. In addition, the
power of taxation can have a profound impact on the **pattern of
development** in local communities. Special tax districts, for example,
can be used to discourage intensive development in coastal hazard-prone
areas. \[FEMA 386-3; April, 2003\]

**E: Education:**

**Public awareness and understanding** **of hazards** that face the
community are essential to a commitment on the part of local residents
and elected officials to engage in hazard management activities.
Education is an important function of local governments to protect the
health and safety of the community.

####### S: Spending:

Spending is a fundamental power of local government. Spending decisions
made at all levels of government can include considerations of coastal
hazards. **Annual budgets** and **capital improvement plans** offer an
opportunity to include the costs of mitigation activities as part of
routine community outlays. Just as local governments have the power to
spend, they also have the **power to withhold spending** for the public
good, which can influence growth and development in the community.

B. At the local level, these functions are often subsumed under the
label of "**growth management**," although these powers also are applied
to existing development and current conditions in addition to new growth
and development.

1\. Through their various powers, a local government can control the
**characteristics of growth**, including the

-   **amount,**

-   **timing,**

-   **density,**

-   **quality,** and

-   **location**

    of new development.

    2\. All these characteristics of growth can **determine the level of
    vulnerability** of the community in the event of a natural hazard.

**II. Controlling land use** and **development** at the local level can
be highly **controversial,** and even **litigious.**

A. Some **private property owners** are quite **hostile** to
restrictions on how they can use their land.

1\. Land use regulations may be viewed as **excessive governmental
intervention** in some communities, and political pressure can be quite
strong against undue meddling with the rights of private property
owners.

> 2\. Some local elected leaders may find themselves in a delicate
> position of protecting public safety while withstanding the
> **political pressure** exerted by oftentimes vocal constituents.
>
> B. Local governments must be careful to enact controls that can
> withstand legal challenges of **unconstitutional "takings**."
>
> 1\. The **"Takings Clause"** of the **5^th^ amendment** to the U.S.
> Constitution requires that owners of private property taken for public
> use be given **"just compensation"**.
>
> 2\. Regulations and other types of land use controls that are **too
> restrictive** or are **arbitrarily enforced** or applied may
> constitute a **regulatory taking**.
>
> 3\. A landowner must be left with some **"economically beneficial
> use"** of the land to withstand a regulatory taking challenge.

Objective 35.3 Describe how planning fits into the local government
policy regime, and the various types of plans that local governments can
create.

**Requirements:**

The content should be presented as lecture, supported by PowerPoint
slide. Class discussion is to be encouraged.

The following slide will be used during this Objective:

**PowerPoint 35.8** Types of Local Plans

**Remarks:**

######### I. Planning

To carry out "RATES" efficiently and effectively, local governments
should first engage in planning.

> A. **Planning** is often described not as a product, but rather as a
> **process**, of which a written plan is but one element in that
> process. Planning is a means by which a local community seeks to
> attain a **vision**, or an image of itself in the future. Planning
> provides direction for all types of local activity as it reaches for
> goals that are clearly defined and relatively attainable.

B. There are several **different types of plans** that local governments
typically create to provide a rational basis for local activity. Some
communities adopt their plans and view them as regulatory devices, while
other communities merely use plans as policy guidance without the force
of law.

> We will focus intensively on one type of plan -- **hazard mitigation
> plans** -- in later sessions. Briefly, other types of local plans fall
> into these broad categories:

**\[PowerPoint 35.8** **Types of Local Plans\]**

> 1\. **Comprehensive plans** (also called general or master plans)
> document the community's desired physical development and include
> policy statements that indicated the desired rate and quantity of
> growth, community character, transportation services, location of
> growth, and siting of future public facilities and transportation.
> These plans are comprehensive in that they cover the entire geographic
> area of a community and include all of the physical elements that will
> determine the community's future development. These plans usually
> contain written policies and land use maps. The comprehensive plan has
> no authority in and of itself, but it serves as a guide for community
> decision-making.

2\. **Land use plans** use maps and supporting text to show **current
and possible future uses** of the land within the jurisdiction. In many
jurisdictions, a land use plan serves as the basis for much of the
regulation of property use.

a.) For example,

Each of **North Carolina**'s twenty **coastal counties** is required by
the NC Coastal Area Management Act to prepare and adopt a **local land
use plan** which focuses on a 10-year planning period. Each plan must
include certain required elements, including

-   a summary of data about the existing conditions, resources and
    constraints in the area;

-   an existing land use map;

-   policies for managing the resources and development in the area;

-   a land classification map to guide development; and

-   a public participation plan.

> 3\. **Floodplain management plans** incorporate floodplain maps and
> establish regulations for development and other activities within the
> floodplain.

4\. **Stormwater management plans** describe actions to maintain system
capacity to handle stormwater. More comprehensive programs may also
include measures for public education and outreach on stormwater
impacts; illicit discharge detection and elimination; construction site
runoff control; post-construction stormwater management for new
development and redevelopment; impervious surface limitations, and
pollution for municipal operations.

> 5\. **Emergency operations plans** typically describe the local
> government's capability to respond to emergencies and establish the
> responsibilities and procedures for responding effectively to the
> actual occurrence of a disaster. Emergency operations plans can
> identify preparedness and response activities into which mitigation
> considerations can be incorporated to facilitate post-disaster
> reconstruction and recovery.
>
> 6\. **Open space and recreation plans** target locations for open
> space and recreation areas in the community. Often, property
> acquisition or buyout programs in hazard areas can complement planned
> park and recreation facilities.
>
> 7\. **Capital improvement plans** address capital outlays that the
> community intends to make. The plans include provisions for building
> new public facilities and infrastructure, as well as replacing those
> that are inadequate. A capital improvement plan can incorporate hazard
> mitigation principles into planned projects such as locating new
> public buildings out of high hazard areas, or sizing adequate culverts
> to accommodate floodwaters. These plans can also include provisions
> for upgrading replacement facilities using the latest mitigation
> techniques; ensuring that new facilities are built to the most current
> codes, standards, and specifications; and avoiding the extension of
> public facilities in hazard areas.
>
> B. A few **states mandate local government planning**, and dictate
> certain elements that must be included.

For example,

**Oregon** requires local governments to address natural hazards in
their land use plans.

> C. Since, however, planning as a local government tool is only as
> effective as its implementation, we will further discuss the other
> local government powers that can be used to implement the ideas set
> forth in a community's plans.

Objective 35.4 Become familiar with the major types of land use
regulations available to local governments to manage coastal hazards.

**Requirements:**

The content should be presented as lecture, supported by PowerPoint
slides. Class discussion is to be encouraged. Questions to prompt class
discussion are provided at the end of this Objective.

The following slides will be used during this Objective:

**PowerPoint 35.9** Zoning

**PowerPoint 35.10** Zone District Map

**PowerPoint 35.11** Types of Use

**PowerPoint 35.12** District Requirements

**PowerPoint 35.13** Zoning for Hazard Mitigation: Strengths

**PowerPoint 35.14** Zoning for Hazard Mitigation: Strengths

**PowerPoint 35.15** Zoning for Hazard Mitigation: Weaknesses

**PowerPoint 35.16** Subdivision Regulations

**PowerPoint 35.17** Typical Subdivision

**PowerPoint 35.18** Provisions for Subdivision Regulations

**PowerPoint 35.19** Subdivision Regulations Require Project
Improvements

**PowerPoint 35.20** Building Codes

**PowerPoint 35.21** Building Codes Can Address Hazard Elements

**PowerPoint 35.22** Building Code Enforcement

**PowerPoint 35.23** Flood Damage Prevention Ordinance

**Remarks:**

**I. Land Use Regulations**

A. **Regulatory powers** granted by the State to local governments are
the most **basic** manner in which a local government can **control the
use of land** within its jurisdiction.

> 1\. Local governments regulate the use of property to **protect** the
> **natural environment**, to encourage **economic development**, and to
> protect the public's **health and safety**.

2\. Regulatory powers that we will discuss today include:

-   Zoning

-   Subdivision regulation

-   Building codes

-   Flood damage prevention

**II. Zoning**

> **\[PowerPoint 35.9 Zoning\]**

A. Zoning is the **traditional and nearly ubiquitous** tool available to
local governments to control the use of land.

> 1\. Zoning regulates how **privately owned property** within the
> jurisdiction may be used
>
> B. Zoning **divides a community into various different districts** (or
> zones).
>
> 1\. **Zoning maps** define the location of the zoning districts.
>
> **\[PowerPoint 35.10 Zone District Map\]**
>
> 2\. An accompanying **zoning ordinance** defines the **type and
> intensity of uses** that are **allowed** within each district.
>
> **\[PowerPoint 35.11 Types of Use\]**

3\. Land "uses" **controlled** by zoning include:

a.) **type of use**:

-   residential

-   multi-family

-   single family

-   commercial

-   industrial

-   public

-   schools

-   government

-   utilities

    **\[PowerPoint 35.12 District Requirements\]**

    b.) **District Requirements:**

-   lot size

-   building height

-   set backs (minimum/maximum distance of structures from property
    line)

-   parking spaces

-   density of population

    **Setbacks** are often used to protect against natural hazard areas
    and to protect water quality.

    C. Zoning applies to both **existing and new uses** of property.

    1\. A use that exists before the zoning ordinance takes effect in a
    particular area is considered a legal **non-conforming use**.

    a.) If a non-conforming use is **enlarged or modified** in a defined
    manner, it is no longer considered legal, and **must come into
    conformance** with the zoning ordinance within a specified time
    period.

    D. In addition to allowed uses in each district, most zoning
    ordinance also include **conditional uses**: uses that may be
    allowed in a district if the local planning officials determine that
    the impacts of the use will not be detrimental.

    1\. A conditional use permit is usually required.

    E. There are **two types of zoning** ordinances: prescriptive and
    performance

    1\. **Prescriptive zoning** explicitly lists **allowable uses**,
    lots size, building heights, etc. Prescriptive zoning is more
    common.

    2\. **Performance zoning** (also called impact zoning) does not
    specify permitted uses, but rather **sets standards** for allowable
    effects or levels of impact from development. Standards may include
    acceptable levels of noise, dust, stormwater runoff, etc.

    F. Some local zoning ordinances include **overlay zones**. Overlay
    zones apply conditions to development that are in addition to, or
    instead of the standard zoning ordinance for a certain area. Overlay
    zones can be effective in high hazard areas.

    1\. **Floodplain overlay districts** have been used to regulate
    development in mapped flood areas.

    2\. Overlays have also been used in **coastal high hazard** areas
    (shorefront, highly erodable areas, etc.)

    3\. **Conditions or standards** that can be imposed through overlay
    zones may include:

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-   Lower density through increased lot size

-   Increased setbacks from hazard features (for example, mean high tide
    line; fault lines)

-   Prohibition of structures in floodway

-   Elevation requirements in flood zones

-   Vegetation restrictions in wildfire hazard areas

-   Prohibition of hazardous materials in hazard areas

    4\. **Recovery overlay zones** can include temporary planning
    regulations that restrict reconstruction in an area **impacted by a
    disaster**.

> G. Zoning is a fairly well accepted tool **for hazard mitigation**.
>
> **\[PowerPoint 35.13 Zoning for Hazard Mitigation: Strengths\]**

1\. **Strengths** of zoning for hazard mitigation include:

> a.) Zoning primarily affects **future development**

i.) While it may not be able to completely preclude development, it can
help determine the **type of building** that does occur in undeveloped
areas.

> b.) Zoning can be used to keep inappropriate development out of
> hazard-prone areas

##### 

> i.) by down-zoning hazardous areas through:

-   increasing minimum lot size, or

-   reducing number of dwelling units permitted per acre

    **\[PowerPoint 35.14 Zoning for Hazard Mitigation: Strengths\]**

    ii.) Zoning can reduce density in hazard areas, meaning that fewer
    people, less development is placed in high hazard areas.

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-   local tax base is preserved

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-   population density can more closely match emergency shelter capacity

-   increase evacuation times

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-   prevent large, hard-to-relocate structures from being built in
    high-hazard zones (e.g., beach erosion areas)

    iii.) **Setbacks** can require structures be placed away from
    designated hazard areas (fault lines, ocean erodible zones).

    For **example**, **Myrtle Beach, SC** imposes a setback based on the
    50-year erosion line for oceanfront property.

    c.) Zoning can be used to **designate hazardous areas** for
    **low-intensity** uses:

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-   recreation

-   open space, green space

-   conservation

-   wildlife habitat

-   agriculture

-   beach access

    d.) Zoning can help **preserve natural areas** that mitigate against
    natural hazards, such as wetlands and dunes.

    e.) **Safer areas** (i.e., low hazard areas) can be zoned for
    **higher intensity** uses.

    f.) Zoning can ease development pressure on privately held land,
    making it simpler and less expensive to acquire for mitigation
    purposes.

    g.) Zoning can also prohibit the storage or handling of hazardous or
    other dangerous materials in floodplains or other hazard areas.

    **\[PowerPoint 35. 15 Zoning for Hazard Mitigation: Weakness\]**

    2\. **Weaknesses** of zoning for hazard mitigation:

    a.) Zoning is a relatively **ineffective** way to protect **existing
    development** from natural hazards

    i.) Zoning primarily affects **new structures**, rather than
    existing buildings.

    ii.) However, as non-conforming uses are changed or destroyed, the
    former use cannot be recreated, and new uses must conform to the
    zoning ordinance.

b.  Zoning is a **spatial control**. (this can also be viewed as a
    strength). It is best suited to hazards that are **spatially
    defined** (i.e., mapped).

    i.) But zoning is only effective for hazard management if hazard
    maps are accurate, and are actually incorporated into the zoning
    process.

> c.) Zoning can be subject to **legal and political challenges**:

-   Some **economically viable use** must remain to the landowner.

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-   Down-zoning may be viewed as **exclusionary** against low-income
    residents or **discriminatory** against minority residents

-   Lower densities may **increase the cost** of providing **public
    services** (transportation, water and sewer, waste collection, fire
    protection, etc.)

-   Less dense areas may mean lower tax revenues for the local
    government

-   Zoning regulations are subject to changing political climate

> d.) These factors usually **preclude a blanket prohibition** of
> development in hazard areas
>
> e.) To be effective in hazardous areas, the zoning ordinance must be
> strictly enforced, even following a disaster when rebuilding pressures
> are strong.

**III. Subdivision Regulation**

**\[PowerPoint 35.16 Subdivision Regulations\]**

A. Subdivision regulations control the **division of land** into parcels
for the purpose of development or sale.

1\. The local government must **approve** the **subdivision plat** (map)
prior to the division and sale of the land into individual lots.

**\[PowerPoint 35.17 Typical Subdivision\]**

2\. Subdivision regulations are a **more limited tool than zoning** and
only indirectly affect the type of use of land or minimum specifications
for structures. Subdivision ordinances do not address development of
small or undivided parcels of land.

B. Subdivision regulations set **construction and location standards**
for subdivision layout and infrastructure.

**\[PowerPoint 35.18 Provisions of Subdivision Regulations\]**

1\. Most subdivision ordinances require that each lot in the subdivision
contain a **buildable site**.

2\. Subdivision provisions can address:

-   Lot siting

-   Stormwater management

-   Sediment control

-   Amount of impervious surfaces

-   Open spaces

-   Emergency access

-   Hydrological/geologic/engineering studies

-   Street design

-   Infrastructure design

    \[PowerPoint 35.19 Subdivisions Regulations Require Project
    Improvements\]

3.  Subdivision regulations typically require the developer to install
    **project improvements**:

-   internal streets

-   sidewalks

-   drainage control

    a.  Many local governments require **dedication of land** for parks,
        schools, fire stations, parks, etc. as a condition of
        subdivision approval.

    b.  Some local governments are authorized to charge **impact fees**
        to pay for amenities and services required by the new
        subdivision:

        -   Schools

        -   Fire/police protection

        -   Water and sewer

        -   Waste disposal

4.  **Examples**:

    a.) **Flood-related subdivision controls** typically require that
    subdividers install adequate drainage facilities, and design water
    and sewer systems to minimize flood damage and contamination. They
    prohibit the subdivision of land subject to flooding unless flood
    hazards are overcome through filling or other measures and prohibit
    filling of floodway areas.

> b.) Some communities have required that new subdivisions in flood
> hazard areas **cluster homes** outside of the floodplain; greater
> flexibility is given in using varied densities within the buildable
> area of the subdivision.

c.) **Shorefront lots** may require adequate space to move structures
inland on the same parcel in case of shoreline erosion.

**IV. Building Codes**

**\[PowerPoint 35.20 Building Codes\]**

A. Building Codes are laws, ordinances, or regulations that set forth
**standards** and requirements for **structural integrity, design**, and
construction **materials** used in commercial and residential
structures.

1\. Building codes are grounded in a government's police powers, and are
intended to protect the public health, safety and welfare.

2\. Building codes apply primarily to **new or proposed construction**,
but also cover reconstruction, alteration, or rehabilitation of existing
buildings.

> 3\. Separate codes regulate various aspects of the **building
> process**, including:

-   electrical and mechanical systems

-   plumbing

-   ventilation

-   accessibility

-   lighting

    **\[PowerPoint 35.21 Building Codes Can Address Hazard Elements\]**

3.  Code provisions also address **hazard elements**, including:

-   fire resistance

-   seismic safety

-   flooding

-   high wind resilience

a.  For example, building codes can require that structures built in the
    floodplain include:

-   Building elevation above specified flood levels

-   Waterproofing

-   Water-resistant building materials

-   Design of walls and connections to withstand horizontal and uplift
    forces of floodwater and debris

-   Design of foundations to resist vertical and lateral flood pressures

-   Waterproof utility connections

    B. 16 states have **a state-mandated building code** covering all
    buildings and occupancy classifications. 13 states do not have a
    state-mandated building code for any building and occupancy
    classification. (IBHS, 1999)

    1\. Some states allow for **local amendments** to the state-mandated
    codes, while others only allow for more stringent regulations; A few
    states do not allow any local modification of the state building
    code.

    **\[PowerPoint 35.22 Building Code Enforcement\]**

    C. Building codes are primarily permitted and **enforced** at the
    **local level**.

    1\. The issuance of a building permit is a **ministerial function**
    of the local government: if building plans meet code requirements, a
    building permit must be issued.

    2\. Local building inspectors conduct **site reviews** during the
    construction process to ensure that construction complies with the
    approved plans.

    3\. Building codes, even the most stringent, are only effective if
    they are **strictly enforced**.

    a.) The quality of **inspector training** is a direct determinant of
    building code adherence.

    b.) Research conducted in Florida following **Hurricane Andrew**
    showed that shoddy workmanship and poor enforcement of the building
    codes contributed to much of the destruction.

    D. Pressure to relax the building code is often exerted upon local
    building inspectors and permit officers following a disaster.
    Homeowners and businesses often want to return to how things were
    before the disaster as quickly as possible. Such conditions
    emphasize the need for prior planning to set government policies
    regarding **post-storm reconstruction.**

    E. Some communities have enacted **moratoria** to deal with the
    post-storm environment.

    1\. A moratorium is a **short-term suspension** of the right to
    develop, usually accomplished by not issuing permits. They are ready
    to put into effect when **triggered** by a **disaster** event.
    Moratoria give local officials time to **assess the damage** and set
    priorities for response, planning and mitigation efforts.

    2\. They are often used to prevent property owners from
    **rebuilding** damaged structures before an acquisition program can
    go into effect.

    3\. Moratoria can also allow officials to **expand** **high-hazard**
    designated areas to reflect the actual damages from a hazard event.

**V. Flood Damage Prevention**

> A. Structures built in the floodplain are subject to damage by rising
> waters. In addition to increasing the number of properties at risk,
> development in the floodplain reduces the flood storage capacity of
> these areas, resulting in greater flood heights.

B. **Local floodplain regulations** can keep people from locating in the
most dangerous areas and require safe building designs for other flood
prone areas.

**\[PowerPoint 35.23 Flood Damage Prevention Ordinance\]**

1\. Local flood damage prevention codes often **prohibit or establish
conditions** for development in high risk areas. Conditions include
setbacks, additional freeboard or other elevation requirements for
building lots, roads, bridges, pipelines, and buildings themselves.

a.) These are often imposed in addition to or in place of other zoning,
subdivision, building codes, or other codes.

2\. Many local flood prevention ordinances are enacted according to
**minimum standards** issued by the National Flood Insurance Program
(**NFIP**) (as discussed in Session 32).

a.) NFIP provides the opportunity for residents in participating
communities to purchase federally-backed **flood insurance**.

C. FEMA publishes **floodplain maps** of NFIP local communities \-\--
Flood Insurance Rate Maps (FIRMs) and Flood Boundary Maps.

1\. **FIRMS** show the **100-year flood** boundary: the flood that has a
1% chance probability of being equaled or exceeded in any given year.

> a.) This is also called the **Base Flood Elevation** (BFE).
>
> Floodplain management **regulations** are **required** in this zone.

b.) Some FIRMs also show the **500-year flood**, as well as coastal high
hazard areas and other types of flood areas.

> 2\. **Flood Maps** can become **inaccurate** when the flood
> characteristics of a community change, as when **new development**
> causes an increase in stormwater flow because of more impervious
> surfaces. Bridges, overpasses, culverts, and other infrastructure can
> also impact flood levels. Maps can also become inaccurate when the
> source of flooding itself changes in course, velocity, or depth due to
> **natural stream evolution** or engineered manipulation of the stream
> channel.
>
> a.) **Out-of-date flood maps** can mean **mistakes** are made in the
> boundaries of the 100-year floodplain, inadvertently allowing for
> structures to be built in unsafe areas

b.) Some communities **supplement the maps** provided by FEMA, by:

i.) Mapping floodplains based on **full buildout** of watersheds rather
than existing watershed development (this helps keep the map **current**
as watersheds develop)

ii.) Map floodplains in watersheds of **less than one square mile**
based on soil maps showing alluvial soils.

D. Communities participating in the NFIP must **manage development** in
the floodplain area of their jurisdiction.

**\[PowerPoint 35.24 Minimum NFIP Flood Prevention Standards\]**

1\. Basic to all NFIP flood prevention ordinances is a requirement that
the **floodway** (the part of the floodplain that carries most of the
flood flow) be **free of any obstructions** that would raise the water
level.

2.  Other provisions include:

> a.) All development within the **100-year flood zone** must have a
> **permit** from the local government.

b.) **New residential** structures in the floodplain must have the
lowest floor **elevated** above the level of the 100-year flood.

c.) **Nonresidential** buildings must either be **elevated** or
**floodproofed**.

d.) **Additions or repairs** to buildings constructed before floodplain
maps were prepared and worth more than 50% of the original building are
considered new construction and must be **elevated** above the level of
the 100-year flood.

e.) If a structure is **damaged by a storm**, the program allows for its
relocation or reconstruction so long as **it meets all applicable
regulations**. If the structure is damaged or destroyed and its
reconstruction would violate today's federal, state and/or local
ordinances, it cannot be reconstructed.

E. **Issues** involved in local floodplain management:

1\. Floodplain management programs can be **foiled** if **development
pressures** are strong in a community.

a.) This is especially problematic in communities with a **lack of
suitable building sites** located outside of the floodplain.

2\. Flood hazard risk reduction has often **focused narrowly** on the
**protection of structures** in the floodplain, rather than the
preservation of the floodplain's natural functions.

a.) Restoration and conservation programs can help alleviate these
limitations.

3\. Since floodplains rarely fall within a single jurisdiction,
floodplain management is often best addressed through **regional
governing bodies**.

a.) A **basin-wide approach** to issues of flooding would be more
efficacious than local regulatory programs enacted by individual
communities.

b.) **Collaborative agreements** acknowledge that development that
occurs and the flood mitigation actions taken by one community can
affect its neighbors, both upstream and down.

c.) Such **multi-jurisdictional** management agreements can be **very
difficult** to achieve, especially if left solely to local initiative.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Suggested questions to spark classroom discussion:

With all the types of regulation and land use controls at the disposal
of local governments, why do we not have more disaster-resilient
communities?

Do we have enough tools to become disaster resilient?

Should the states impose land use controls in hazardous areas?

Should the state mandate that local governments impose stricter land use
controls in hazardous areas?

Should market forces dictate land uses in local communities?

What other incentives could be used to encourage landowners to avoid
building in hazardous areas? (insurance premiums, withholding of
disaster assistance, etc.)

Objective 35.5 Describe the major tenets of acquisition and management
of land as a local government management tool, and how it can be used to
manage coastal hazards.

**Requirements:**

The content should be presented as lecture, supported by PowerPoint
slides. Class discussion is to be encouraged. Questions to prompt class
discussion are provided at the end of this Objective.

The following PowerPoint slides will be used during this Objective:

**PowerPoint 35.25** Acquisition of Hazard-Prone Property

**PowerPoint 35.26** Federal Funding Programs for Acquisition and
Relocation

Remarks:

## I. Acquisition and Management of Land

Regulation of private property is not the only way that local
governments can control land use and development in their jurisdiction.
Public land ownership and conscientious management of public lands also
provide a local government **direct control over the use of property**.

A. Public acquisition of private property must be for a **public
purpose**. Protection of structures and people is generally considered a
public purpose.

1\. Local governments are typically **empowered to** acquire property
through several means.

-   gift

-   grant

-   devise

-   bequest

-   exchange

-   purchase

-   lease

-   eminent domain

> 2\. The local government may acquire land in **fee simple** (the
> entire land ownership rights) or a lesser interest, such as an
> **easement** (which grants the right to use a piece of property in a
> certain way).

**\[PowerPoint 35.25 Acquisition of Hazard-Prone Property\]**

B. Public acquisition serves to effectively **"hazard proof"** a
particular piece of property.

1\. The property is **removed from** the **private market**, and the
possibility of inappropriate development is reduced. People and
structures are thereby **permanently removed from harm's way**.

2\. Although acquisition is typically one of the most expensive
mitigation tactics, in the long run it is often **less expensive** to
acquire and demolish a building than to repeatedly provide for its
**reconstruction**.

3\. In addition to reducing the public cost of recovery and
reconstruction, acquisition can be a tool for accomplishing other
**community goals:**

-   increase floodplain storage capacity

-   preserve wetlands, maritime forest, estuaries and other natural
    habitats

-   protect aquifer recharge zones and riparian buffers

-   provide open space, beach access, and parks and recreation areas.

    4\. Acquisition is often paired with **demolition or relocation** of
    structures located on the property.

    a.) This helps **protect other structures** from flying or floating
    debris that may be torn from damaged structures during high wind or
    severe flooding events.

    b.) Removal of structures also allows the area to return to its
    **natural function** of absorbing hazard impacts (storm surge
    impacts, floodwaters, etc.).

    c.) Relocation may be perceived as forced resettlement or
    overreaching government intervention. This attitude can be
    especially prevalent among low-income or minority residents, who may
    view the program as a form of **discrimination**.

    d.) Care must be taken so that displaced residents (including
    tenants) have safe and affordable **replacement housing** after
    acquisition.

    5\. Depending on the type of acquisition program used, acquisition
    may remove properties entirely or in part from the local
    government's **property tax rolls**.

    a.) However, the cost of losing tax revenues from these properties
    is often lower compared to the cost of **providing services** to
    properties in hazard areas and the periodic costs of **rescue and
    recovery** from disasters.

    C. Communities have employed various methods to **fund
    acquisitions**

    1\. Local-based financial resources include:

```{=html}
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```
-   bond referendums

-   taxes and fees

-   partnership with non-profit conservancy organizations

    a.) The use of **eminent domain** (condemnation) is infrequently
    used for acquisition of hazard-prone properties as it can be a
    politically and emotionally contentious undertaking.

    2\. **Federal funding** programs for acquisition and relocation of
    hazard-prone properties include:

    **\[PowerPoint 35.26 Federal Funding Programs for Acquisition and
    Relocation\]**

a.  Programs

-   **Hazard Mitigation Grant Program** (HMGP) funds are available
    following a disaster declaration. HMGP is adminstered by FEMA.

-   The **Pre-Disaster Program** (PDM) and the **Flood Mitigation
    Assistance** (FMA) Program are available regardless of a disaster
    declaration. PDM and FMA are administered by FEMA.

-   The **Community Development Block Grant** (CDBG) Program is
    administered by the US Department of Housing and Urban Development.

    b.) All the federal programs are **voluntary** -- owners of impacted
    properties must be willing to sell.

    c.) Acquired properties must remain **public land**, or be
    transferred to a conservation-minded non-profit organization **in
    perpetuity**.

    i.) Acquired properties become the **responsibility of the local
    government**, which must pay for its maintenance and management.

    ii.) The local government is required to commit the purchased land
    to **non-intensive** uses in perpetuity (parks, open space,
    recreation areas), thereby avoiding future development that could
    put people and property in danger once again. Examples of
    **permissible uses** and public amenities include:

```{=html}
<!-- -->
```
-   Parks

-   Open space

-   Jogging and biking trails

-   Ball fields

-   Community gardens

-   Dog parks

-   Wildlife refuges

    3\. Hazard loss reduction is less pronounced and mitigation less
    effective when isolated parcels are purchased, creating a
    "**snaggletooth" effect**.

    a.) Such a checkerboard pattern of purchases is also **more costly**
    and difficult for the local government to manage and maintain.

    b.) Few large-scale acquisition projects undertaken with federal
    funds to date have been conducted in the context of a
    **comprehensive management program** to avoid a disorderly land use
    pattern; instead, local governments have largely acquired an
    inventory of scattered empty lots.

    \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

    Suggested questions to spark classroom discussion:

    SHOULD GOVERNMENT BUY ALL HAZARD-PRONE LAND TO KEEP IT OUT OF THE
    DEVELOPMENT STREAM? WHO PAYS? WOULD THIS BE MORE OR LESS COSTLY IN
    THE LONG TERM?

    WHAT IF THE OWNER OF A REPETITIVE LOSS PROPERTY IS NOT WILLING TO
    SELL? SHOULD CODEMNATION (EMINENT DOMAIN) EVER BE USED TO PROTECT
    THE PUBLIC AND TAXPAYERS?

    WHAT ARE SOME METHODS THAT LOCAL GOVERNMENTS CAN USE TO OVERCOME THE
    SNAGGLETOOTH PROBLEM?

**Objective 35.6 Understand how restoration of natural areas can be used
to manage coastal hazards**

**Requirements:**

The content should be presented as lecture. Class discussion is to be
encouraged.

######### Remarks: {#remarks .unnumbered}

## I. Restoration

A. As we have discussed in previous sessions, many **natural areas** in
the coastal zone perform a **mitigative function** against hazards --
buffering, absorbing, deflecting the **impacts** of flood waters, storm
surge, winds, and wave action.

1\. Often however, these natural and effective means of **protecting**
property and residents from coastal hazards, often while also providing
recreation areas for the public to areas, including dunes, wetlands,
floodplains, and marshes are **destroyed** to make way for development
and agriculture, or are **damaged** by pollution and runoff.

2\. Many communities are realizing the **benefit** of **restoring these
natural features** to provide an economical enjoy.

3\. As noted by Beatley, et al. in *An Introduction to Coastal Zone
Management* (2^nd^ ed, 2002),

An important **new element of coastal management** at all levels is the
**emphasis** on restoration of coastal habitats and environments. As
there are fewer opportunities to protect and preserve coastal resources,
there will be greater opportunities to **restore damaged and degraded
coastal ecosystems**... Coastal localities, especially, will have many
opportunities to engage in restoration, and it should become a more
central element in local coastal planning.

B. While many restoration programs are carried out at the state and
federal levels, **local communities** may also **acquire and restore**
wetlands, streams, dunes and other natural coastal features in their
jurisdiction.

1\. Local governments may also partner with non-profit conservation and
preservation organizations to carry out restoration programs.

2\. Often undertaken in conjunction with public acquisition, restoration
can involve **removing** buildings, infrastructure (such as roads and
bridges), pavement, and other **impediments** to the natural functions
of former natural areas.

3\. **Ecological restoration** can involve **planting of native
vegetation**, which can help stabilize dunes and steep slopes, slow the
velocity of floodwaters, and filter sediment and pollutants.

a.) Planting vegetation also serves to enhance the area for the return
of native species of **birds and wildlife**.

b.) Some restoration projects also involve **controlling invasive** or
**exotic** **species** of plant and animal life.

4\. More extensive restoration projects involve **reopening** natural
channels or other **waterways** that had been deliberately or
incidentally filled, blocked or drained by human intervention.

a.) **Stream restoration** projects, for example, often attempt to
**return water flows** to their original configurations.

C. Most state wetland programs require **wetland mitigation** when
natural wetlands are **destroyed or damaged**.

1\. Mitigation can involve creation, restoration, or enhancing wetland
acreage, usually in **proportion** to the number of acres of natural
wetlands that are destroyed for new development. (Beatley, et al, 2002).

2\. Many analysts note that **engineered wetlands**, which are often
used to replace natural wetlands destroyed by development or
agriculture, **do not function as effectively** as natural wetlands. (NC
Division of Emergency Management, 1998).

D. In addition to enhancing an area to regain its former natural state,
restoration can also refer to the **reuse of sites and parcels** that
have already been developed and already committed to the **urban**
landscape. (Beatley, et al., 2002)

"Reusing buildings and building sites is **good coastal development**
practice." (Beatley, et al., 2002)

Good examples now exist of projects that **recycle brownfield** sites
and former **military bases** and facilities and achieve urban and town
**infill.** (Beatley, et al., 2002)

E. **Examples** of **Successful Restoration Projects** (from Beatley, et
al., 2002):

1.  The town of **Arcata, California** has taken a unique approach to
    combining conservation of coastal resources with municipal sewage
    treatment. Confronted with a controversial and expensive regional
    plan for treating wastewater, Arcata chose a different path: to
    restore a coastal wetland (a former dump) into a **natural
    wastewater treatment system**. Completed in 1986, the Arcata Marsh
    and Wildlife Sanctuary naturally treats the city's wastewater and
    has become a popular natural area.

2.  Redevelopment of the **Presidio**, a former **army base** in **San
    Francisco** is good example of creative reuse of coastal properties,
    where many of the historic buildings on the site were renovated and
    reused.

> The natural restoration of Crissy Field was a very creative part of
> the Presidio project. The **ecological systems and habitat** that
> existed before the base was built were **restored** on the former army
> airfield that had also been used as a fuel depot and dump.

**2,000 volunteers** helped restore ecologically damaged and degraded
meadows, dunes, and coastal wetlands, restoring the ecological systems
and habitat that existed before the base was built.

The airfield has become a 28-acre natural meadow, an 18-acre tidal
wetland that was reconnected to the sea, and a new park and nature site.
Extensive trails and walkways have been built throughout the site for
the **public to enjoy**.

**Course Developer Resources**:

FEMA. 2002. *Bringing the Plan to Life: Implementing the Hazard
Mitigation Plan*. Washington, D.C.: FEMA: 386-1.

FEMA. 2002. *Developing the Mitigation Plan: Identifying Mitigation
Actions and Implementation Strategies*. Washington, D.C.: FEMA: 386-3.

FEMA. 2002. *Getting Started: Building Support for Mitigation Planning*.
Washington, D.C.: FEMA: 386-1.

FEMA. 1987*. Reducing Losses in High Risk Flood Hazard Areas: A
Guidebook for Local Officials*. Washington, D.C.: FEMA: 116.

Godschalk, David. 2002. "Acquiring and Relocating High Hazard
Properties" in *Emergency Management Institute Instructor Guide:
Building Hazard Resilient Communities*

Institute for Business and Home Safety. November 1999. *Summary of
State-Mandated Building Codes.*

N.C. Division of Emergency Management. 1998. *Tools and Techniques:
Putting a Hazard Mitigation Plan to Work*.

North Carolina Coastal Federation. 1990. *A Citizen's Guide to Coastal
Resource Management Through Local Government*. Swansboro, NC: NC Coastal
Federation.

Olshansky, Robert B. 2002. "Creating Resilience in Flood Hazard Areas"
in *Emergency Management Institute Instructor Guide: Building Hazard
Resilient Communities*

So, Frank S., ed. 1988. *The Practice of Local Government Planning*.
Washington, D.C.: International City Management Association.