No Adverse Impact and Coastal Resiliency Indicators

1. No Adverse Impact and Coastal Resiliency Indicators Developed in Cooperation with the Association of State Floodplain Managers October 17th & 18th , 2009 Presented by Jennifer DiLorenzo, CFM Sustainable Coastal Community Liaison Urban Coast Institute ACommon Sense Strategy for Floodplain Management

2. ASFPM and UCI Mission Mitigate the losses, costs, and human suffering caused by flooding. and Protect the natural and beneficial functions of floodplains.

3. Trends in U.S. Flood Hazard Costs

4. What is Influencing the Trend? Increased Property at Risk Current Policy: • Promotes development in risk areas • Ignores sea level rise and increasing storm frequency • Ignores adverse impacts to existing properties • Undervalues natural floodplain functions

5. National Flood Insurance Program Limitations • Few Restricted Areas-Prohibits some building seaward of mean high tide and Floodways • No Requirement to Protect Natural Functions of coastal wetlands • Critical Facilities still permitted • Fill in Floodplain still allowed

6. No Adverse Impact Defined Activities that could adversely impact flood damage to another property or community will be allowed only to the extent that the impacts are mitigated or have been accounted for within an adopted community-based plan.

7. No Adverse Impact Explained NAI is a concept/policy/strategy that broadens one's focus from the built environment to include how changes to the built environment potentially impact other properties. • NAI broadens property rights by protecting the property rights of those that would be adversely impacted by the actions of others.

8. No Adverse ImpactFloodplain Management • NAI Regulations make the “takings ” a non-issue

9. Landowner Does Not Have All Rights Under The Law • No “Right” to be a Nuisance • No “Right” to Violate the Property Rights of Others • No “Right” to be Negligent • No “Right” to Violate Laws of Reasonable Surface Water Use; or Riparian Laws • No “Right” to Violate Public Trust

10. Governments May Be Held Liable if… • Construction of a Road Blocks Drainage • Stormwater System Increases Flows • Structure Blocks Watercourse • Bridge Built Without Adequate Opening

11. Government Liability (cont.)… • Grading Land Increases Runoff • Flood Control Structure Causes Damage • Filling Wetland Causes Damage • Issuing Permits for Development that Causes Harm to a Third Party

12. NAI Benefits • Helpsensure the actions of any community or property owner do not adversely impact others/coastal resources • and watershed planning principles

13. NAI Benefits (cont.) • Reduce your flood losses and costs over time • Reduce likelihood of your actions increasing flood damage to others • Reduce challenges and lawsuits

14. NAI Benefits (cont.) Benefits of NAI to your community: • Reduce flood insurance premiums through the Community Rating System • Protect natural resources and values of floodplains

15. No Adverse Impact (NAI) • Principles defined • NAI Toolkit (ASFPM and UCI website) • Legal Aspects of NAI • Coastal NAI funded by NOAA

16. Why Coastal NAI is needed… • 53% of US Population lives w/in 50 miles of coast • 71% of annual disaster losses in coastal areas • Coastal Population continues to increase • 85% of coastal residents have never experienced a major hurricane

17. Community Activities that can Incorporate NAI: • Hazard Identification • Planning • Regulations and Standards • Mitigation Actions • Infrastructure • Emergency Services • Education and Outreach

18. Emergency Services • Disaster response should consider cumulative impacts • Sand bags--levees, etc. • Plan flood fighting to avoid adverse impacts • Emergency actions should not increase flooding on others

19. Education and Outreach • Target specificaudiences • Modify existing outreach efforts • Your message should be: • Know your hazards • Understand how your actions could adversely impact others • Identify how community members can protect themselvesand others

20. If we continue to encourage at-risk development and ignore the impact to others, can we accept the consequences… … and, are you willing to pay for it?

21. No Adverse Impact • Background • The Coastal Zone and Coastal Hazards • NAI Strategies “7 Building Blocks” • Institutional Framework

22. Public Trust Doctrine By the law of nature these things are common to all mankind, the air, running water, the sea and consequently the shores of the sea… The seashore extends as far as the greatest winter flood runs up. - Institutes of Justinian 535 CE

23. Legal Origins US Constitution • States retain ownership of the lands beneath navigable waters • Federal government retains supreme, but not exclusive, control over navigation

24. Public Trust Doctrine • Colonies followed English common law • Recognized public rights in navigable waters & their shores • Public uses • Access for commerce & transportation • Environmental protection • Recreation

25. Waters/Lands held in Public Trust • Tidewaters to their farthest reaches • Tidelands • Navigable-in-fact waters • Permanently submerged lands • Adjacent wetlands (varies greatly among States)

26. Public Trust Boundaries NOAA Coastal Services Center

27. Coastal Hazards in the U.S. • Severe coastal storms • Storm surge • Waves • Tidal flooding • Relative sea-level change • Subsidence • Shoreline change (erosion/accretion) • Tsunami

28. FEMA National Flood Insurance Program (NFIP) • National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973 • Provides insurance and disaster relief to communities who agree and adhere to the program guidelines • Coastal inundation and wave impacts are quantitatively evaluated and mapped, presented in the form of Flood Insurance Rate Maps

29. FEMA Coastal Flood Studies • Storm surge analysis, with wave setup (regional) • Wave analyses along coastal transects (local) • Storm-induced erosion • Wave heights • Wave runup • Consideration of coastal structures (e.g., seawalls, revetments, levees) • Mapping - Flood zones and BFEs

30. Flood Insurance Rate Map (FIRM)

31. Hazard Identification Basic/Better Strategies • Examine flood risk for critical facilities, and relocate beyond 0.2%-annual-chance (500-year) floodplain • Purchase flood insurance for community property in (or near) the floodplain • Document High Water Marks from significant storms to aid in FIS/FIRM updates and to build a case for policies exceeding the minimum NFIP requirements

32. Hazard Identification - NAI Higher Mapping Standards – Hazards Not on FIRM • Historic Flood Inundation • Coastal A Zones • Tsunami Inundation (Historic or Predicted) • Unstable Bluffs/Mud Slides/Debris Flow • Levee & Dam Failure Inundation • Overwash and Inlet/Breach Hazards

33. Hazard Identification - NAI Higher Mapping Standards - Future Conditions • Sea-Level Rise • Chronic Erosion Rates/Areas • Increased Storm Intensity – add factor of safety onto BFEs • Future Land Use in Upstream Watersheds

34. Sea Level Rise 8518750 The Battery, New York Trend is 2.77 millimeters/year (0.91 feet/century). Source: NOAA

35. Sea Level Rise (SLR) ESTIMATES • 2.5 – 3 m (EPA 1983) • 0.45 – 1.2 m (Titus 1995) • 0.3 m (Church and White 2006) • 0.18 – 0.59 m (IPCC 2007) • 0.5 – 1.4 m (Rahmstorf 2007)

36. Sea-Level Rise Impacts USGS Coastal Vulnerability Index (CVI) http://pubs.usgs.gov/of/1999/of99-593/

37. Identify Sensitive Resources - NAI • Wetlands • Barrier Islands and Beaches • Critical Habitat for Threatened & Endangered Species • Submerged Aquatic Vegetation • Shellfish Reefs and Beds

38. PlanningBasic Strategies • Prepare comprehensive land use plans • Identify hazard areas • Identify appropriate land uses • Develop special subject plans to supplement comprehensive plans • Economic development plan • Habitat protection plan • Watershed management plan • Adopt zoning or other ordinances to enforce plans

39. PlanningBetter Strategies – Risk Analysis and Management • Identify flood-risk areas on plans and restrict development • Adopt low-density zoning in floodplains • Use specialized tools (ex: GIS, HAZUS, etc.) • Prepare FPM, storm water management plans to supplement comprehensive plans • Prepare multi-hazard mitigation plans

40. PlanningNAI Strategies Include watershed, MOM and sustainable development principles in land use planning • Consider current and future development • Coordinate floodplain planning with other planning activities (economic development, housing, recreation, ecosystem restoration, water quality, etc.) • Identify long-term implications of alternative land uses • Promote “sustainable” development

41. PlanningNAI Strategies Sustainable development is “…meeting the needs of the present without compromising the ability of future generations to meet their own needs.” (ASFPM, NAI Toolkit: Source The 1987 Brundtland Reportto the United Nations)

42. Special Area Management Plans (SAMPs) Coastal Zone Management Act (CZMA) • SAMPs definedas resource management plans and implementation programs to improve the management of discreet geographical areas. • CZMA encourages States to prepare SAMPs

43. Regulation & Development Standards Basic Strategies Adopt separate FPM ordinance with minimum FPM regulations • NFIP estimates that buildings built to minimum standards suffer 70% less than unprotected buildings • Flood damage can still occur with minimum standards • BFEs subject to change, particularly as development occurs in watershed

44. Regulation & Development StandardsBasic Strategies Example minimum FPM regulations • All development in 100-yr floodplain must have a permit • Development in floodway must not cause increase in base flood levels • New residential buildings in floodplains must have top of lowest floor elevated above BFE • New non-residential buildings in floodplains must have top of lowest floor elevated to the BFE or flood proofed 1 foot above BFE • Substantially improved buildings (costs exceeding 50% of market value) are considered “new” buildings

45. Regulation & Development StandardsBetter Strategies Adopt NFIP regulations with higher standards • Receive Community Rating System Credit for higher standards and lower insurance premiums for your community • State Model Ordinances

46. Regulation & Development Standards Better Strategies • Require additional height requirement above BFE (“freeboard”) • Strengthen “substantially improved” building requirements • Adopt International Building Codes which include flood reduction standards • Adopt subdivision standards that require structures to be built outside of hazard areas

47. Regulation & Development Standards Better Strategies • Utilize “green infrastructure” • Adopt storm water regulations • Adopt higher health and safety standards

48. Regulation & Development Standards NAI Strategies Preserve beneficial natural floodplain functions • Adopt setback standards to establish minimum distances from river channels or shorelines • Adopt buffer zone requirements between sensitive and developed areas • Adopt proactive development requirements • Implement stream restoration programs

49. To Summarize… ASFPM No Adverse Impact strategies: • Hazard identification • Regulations and development standards • Planning • Mitigation • Infrastructure • Emergency services • Education and outreach

50. COASTAL RESILIENT COMMUNITIES INITIATIVE Urban Coast Institute Monmouth University