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No Adverse Impact
Association of State Floodplain
Managers
A Common Sense Strategy for Floodplain
Management
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No Adverse Impact
Association of State Floodplain
Managers
A Common Sense Strategy for Floodplain
Management
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ASFPM MissionMitigate the losses, costs, and human suffering caused by flooding.
and
Protect the natural and beneficial functions of floodplains.
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Association of State Floodplain ManagersChapters & Other State FPM Associations
11,000 Members
27 Chapters
Several State Associations & Pending Chapters
WI
MN
IL
MI NY
IN OH
VA
NC
SC
FL
MSAR
LATX
OKNM
AZ
CO
MOFMA
NORFMA MT
UT NE
KS
GA
KY
NJ
MD
RI
AL
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Trends in Flood Damages
$6 billion annuallyFour-fold increase from early 1900s
Per capita damages increased by more than a factor of 2.5 in the previous century in real dollar terms
And then there was Katrina…
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$2.2
$2.9
$2.4
$3.4
$2.2
$4.9
$3.3
$5.6
$25
$2.0
0 5 10 15 20 25 30
1910s
1920s
1930s
1940s
1950s
1960s
1970s
1980s
1990s
2000s
Billions (adjusted to 1999 dollars)
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Florida Katrina $ 0.2 BLouisiana Katrina $ 28.0 BMississippi Katrina $ 10.6 BAlabama Katrina $ 1.2 BTexas Rita $ 2.3 BLouisiana Rita $ 2.2 BFlorida Wilma $ 2.5 B
2005 Hurricane Damage Costs
= $47 Billion
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What is Influencing the Trend?
Increased Property at Risk
Current Policy: Promotes intensification in
risk areas Ignores changing conditions Ignores adverse impacts to
existing properties Undervalues natural floodplain
functions
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NFIP Evaluation - AIRNFIP Limitations
Few Restricted Areas Seaward of mean high tide Floodways
No Requirement to Protect Natural Functions
No Limits on Siting Critical Facilities Fill in Floodplain Allowed and
Facilitated
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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.
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No Adverse Impact ExplainedNAI 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.
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No Adverse ImpactFloodplain Management
NAI Regulations make the “takings issue” a non-issue
Detailed Legal Paper in notebook
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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 Trespass No Right to be Negligent No Right to Violate Laws of
Reasonable Surface Water Use; or Riparian Laws
No Right to Violate “Public Trust”
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Governments May Be Held Liable if…
Construction of a Road Blocks Drainage
Stormwater System Increases Flows
Structure Blocks Watercourse
Bridge Built Without Adequate Opening
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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
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NAI Benefits
Helps ensure the actions of any community or property owner do not adversely impact others/coastal resources
Incorporates multi-objective-management (MOM) and watershed planning principles
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NAI Benefits (cont.)
Benefits of NAI to your community: Reduce your flood losses and costs over time
Reduce likelihood of your actions increasing flood damage to others
Reduce challenges and lawsuits
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NAI Benefits (cont.)
Benefits of NAI to your community: Reduce flood insurance premiums through the Community Rating System
Incorporate multiple objectives Protect natural resources and values of floodplains
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No Adverse Impact (NAI)
Principle developed
NAI Toolkit Legal Aspects of
NAI Coastal NAI
funded by NOAA
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Why Coastal NAI is needed…
53% of US Population lives w/in 50 miles of coast
71% of annual disaster losses in coastal areas
Population movement to coast continuing
85% of coastal residents have never experienced a major hurricane
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How To Follow the No Adverse Impact Principle?
Identify ALL the Impacts of a Proposed Development
Notify Impacted Persons of the Impact of Any Proposed Development
Mitigate Impacts
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No Adverse Impact
OVERVIEW OF COASTAL NO ADVERSE
IMPACT (CNAI) STRATEGIES
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Community Activities that can Incorporate NAI:
Hazard Identification Planning Regulations and Standards Mitigation Actions Infrastructure Emergency Services Education and Outreach
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Mitigate while not transferring the problem elsewhere
Non-structural mitigation on individual
structures:elevationacquisitionflood proofing
Structural---often cause adverse impacts to others
levees, dams, channels
Mitigation Actions
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Consider impacts of maintenance, repair
and new constructionConsider individual and
cumulativeimpactsMitigate infrastructure while not transferring the problem elsewhere
Infrastructure
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Disaster response should consider
cumulative impacts Sand bags--levees, etc.
Plan flood fighting to avoid adverse
impactsEmergency actions should not increase flooding on others
Emergency Services
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Target specific audiences
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 themselves and others
Education and Outreach
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Community Activities That Will Be Discussed In Today’s
Workshop:Hazard Identification & Mapping
PlanningRegulations and Standards
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Current Approaches Create Future Disasters
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?
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No Adverse Impact Background The Coastal Zone and
Coastal Hazards NAI Strategies “7 Building Blocks” Institutional Framework
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Public Trust DoctrineBy the law of nature these things are common toall mankind, the air, running water, the sea andconsequently the shores of the sea… Theseashore extends as far as the greatest winterflood runs up. - Institutes of Justinian
535 CE
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Federal, State and Local Roles
The Constitution of the United States of America
Amendment X (1791): The powers not delegated to the
United States by the Constitution, nor prohibited by it to the States, are reserved to the States Respectively, or to the people
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Legal Origins
US Constitution States retain ownership of the
lands beneath navigable waters Federal government retains
supreme, but not exclusive, control over
navigation
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Public Trust Doctrine Colonies followed English common
law Recognized public rights in
navigable waters & their shores Public uses
Access for commerce & transportation
Environmental protectionRecreation
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Waters/Lands held in Public Trust
Tidewaters to their farthest reachesTidelandsNavigable-in-fact watersPermanently submerged landsAdjacent wetlands (varies greatly among States)
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Public Trust Boundaries
NO
AA
Coa
stal
Ser
vice
s C
ente
r
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Arnold vs. Mundy (1821)
New Jersey Supreme Court - Arnold v. Mundy, 6 N.J.L. 1, 1-2 (Sup. Ct. 1821)
First major articulation of the public trust doctrine in America
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Arnold vs. Mundy (1821)
Waters and land under water (i.e., “tidal lands”) belong to all the people of New Jersey for purposes of “passing and re-passing, navigation, fishing, fowling, sustenance, and all other uses of the water and its products”.
“Ancillary use” of dry sand
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Illinois Central
Illinois Central RR v. Illinois (1892) State had abdicated its
responsibility to preserve the waters for public use
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THE PUBLIC TRUST DOCTRINE IN NEW JERSEY
1984–Matthews v. Bay Head Improvement Ass’n
Issue: “…[w]hether, ancillary to the public’s right to enjoy the tidal lands, the public has a right to gain access through and to use the dry sand area not owned by a municipality but by a quasi-public body.”
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THE PUBLIC TRUST DOCTRINE IN NEW JERSEY
1984– Matthews v. Bay Head Improvement Ass’n:
Two aspects: (i) “right to cross privately owned dry sand beaches in order to gain access to the foreshore”; (ii) “right to sunbathe and generally enjoy recreational activities” as enjoyed by the public in municipal beaches.
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Trust rights in New Jersey include dry sand area…
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The Matthews Factors:
2. Availability of public dry sand areas
3. Extent of public demand
4. Prior usage of upland by owner
1. “Location of dry sand in relation to the foreshore”
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NAI Strategies
Hazard Identification & Mapping
Planning
Regulations and Development Standards
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Coastal Hazards in the U.S.
Severe coastal storms Storm surge Waves Tidal flooding Relative sea-level change Subsidence Shoreline change
(erosion/accretion) Tsunami
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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
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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
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Flood Insurance Rate Map (FIRM)
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Hazard IdentificationBasic/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
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Hazard IdentificationNAI Strategies
Higher Mapping Standards
Natural & Beneficial Functions
Information Sharing
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Hazard Identification - NAIHigher 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
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Hazard Identification - NAIHigher 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
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Sea Level Rise
Source: NOAA
8518750 The Battery, New YorkTrend is 2.77 millimeters/year (0.91
feet/century).
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Sea Level Rise (SLR) ESTIMATESInformation Sharing
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)
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Sea-Level Rise Impacts
USGS Coastal Vulnerability Index
(CVI)
http://pubs.usgs.gov/of/1999/of99-593/
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Identify Sensitive Resources - NAINatural & Beneficial Functions
Environmentally Sensitive Areas
Wetlands Barrier Islands and Beaches Cheniers Critical Habitat for Threatened &
Endangered Species Submerged Aquatic Vegetation Shellfish Reefs and Beds
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Hazard Identification - NAIInformation Sharing
Make Community Data Available Limit Fee and/or Licensing
Requirements Host Website for Downloading Data Develop Disaster Contingency for
Data Access
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NAI Strategies
Hazard Identification & Mapping
Planning
Regulations and Development Standards
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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
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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
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Planning Better Strategies
Floodplain Management Plans Identify flood prone/repetitive loss areas Evaluate various flood damage reduction
measures Recommend actions for the community Identify mapping needs
Multi-Hazard Management Plans Identify all natural hazard areas Evaluate various hazard mitigation
measures Recommend actions for the community
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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
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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 Report to the United
Nations)
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Special Area Management Plans
(SAMPs)Coastal Zone Management Act
(CZMA) SAMPs defined as resource
management plans and implementation programs to improve the management of discreet geographical areas.
CZMA encourages States to prepare SAMPs
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Good Examples of SAMPs are…
Ashley River Corridor, South Carolina; Local Waterfront
Development, NY;and Port of Pascagoula,
Mississippi
http://coastalmanagement.noaa.gov/special.html
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NAI Strategies
Hazard Identification & Mapping
Planning
Regulations and Development Standards
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Regulation & Development StandardsBasic 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
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Regulation & Development Standards
Basic StrategiesExample 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 riverine floodplains must have top of lowest floor elevated above BFE
New non-residential buildings in riverine 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
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Regulation & Development Standards
Better StrategiesAdopt NFIP regulations with
higherstandards
Receive Community Rating System Credit for higher standards and lower insurance premiums for your community
State Model Ordinances
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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
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Regulation & Development Standards
Better Strategies Utilize “green infrastructure” Adopt storm water
regulations Adopt higher health and
safety standards
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Regulation & Development Standards
NAI StrategiesPreserve 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
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To Summarize…ASFPM No Adverse Impact
strategies: Hazard identification Regulations and development
standards Planning Mitigation Infrastructure Emergency services Education and outreach
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Strategies grouped by: Basic Better No Adverse Impact
Communities are encouraged to go beyond basic strategies
Summary (cont.)…
www.floods.org/NoAdverseImpact/NAI_Toolkit_2003.pdfwww.floods.org/NoAdverseImpact/whitepaper.asp