CWPPs, HMPs, NFIP, FIRM: MAKING SENSE OF THE HAZARD PLANNING ALPHABET SOUP
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1 CWPPs, HMPs, NFIP, FIRM: MAKING SENSE OF THE HAZARD PLANNING ALPHABET SOUP Presented By: Christopher Duerksen ROCKY MOUNTAIN LAND USE INSTITUTE MARCH 2015
2 OVERVIEW Session Agenda Chris Duerksen, Senior Counsel, Clarion Associates FEDERAL AND STATE HAZARD PLANNING Darrin Punchard, Principal, Hawksley Consulting FEDERAL AND STATE WILDFIRE PLANNING Molly Mowery, Principal, Wildfire Planning International
3 TEST YOUR KNOWLEDGE: TOP TEN HAZARD PLANNING ACRONYMS
4 TEST YOUR KNOWLEDGE: TOP TEN HAZARD PLANNING ACRONYMS
5 TEST YOUR KNOWLEDGE: TOP TEN HAZARD PLANNING ACRONYMS TIE BREAKERS NAME THESE TWO OLD WHITE GUYS AND WHY THEY ARE FAMOUS HAZARDROIDS
6 Natural Hazards: Why Plan For Disaster-Resilient Communities Natural Hazards Plus Climate Change Impacts Flooding Sea Level Rise More Violent Storms Drought/Water Shortages Wildfires Wildlife Habitat Destruction Landslides/erosion
7 Natural Hazards: Why Plan For Disaster-Resilient Communities 10 Million Homes At Risk From Flooding; 2 Million From Coastal Storm Surges 75% of US Housing Stock Susceptible To Natural Hazards 70,000 Communities Subject To Significant Wildfire Risk Sea Level Rise Threatens Most Major Coastal Cities In USA Earthquake Faults In East and West Threaten Areas With Weak Building and Zoning Codes
8 THE CHALLENGES OF HAZARD PLANNING Local impact data sometimes lacking, inconclusive, or erroneous Hard to predict multiple and widely varying climate change impacts Differing community resources and contexts (urban, rural, coastal, interior) Lack of political willpower to restrain development in hazard areas Multiple local/state/federal agencies
9 The Legal Framework For Addressing Natural Hazards National Flood Insurance Act of 1968 (42 USC 4104c) Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C et seq.)
10 The Legal Framework For Addressing Natural Hazards Coastal Zone Management Act (16 USC 1451 et seq.) Clean Water Act (33 USC 403; 1251) Dredge and fill and storm water management Federal Wildfire/Wildland Fire Management
11 THREE BASIC PRINCIPLES OF HAZARD PLANNING Protect vulnerable areas from development Safeguard people and assets in vulnerable areas Encourage safe growth in appropriate, lessvulnerable areas
12 Selected References National Flood Insurance Program: FEMA has many publications dealing with flood hazard planning and mitigation. See generally-- Stafford Disaster Relief Act: For an overview of the basic of local hazard mitigation planning. For an excellent guide to post-disaster planning, see Post-Disaster Redevelopment Planning: A Guide for Florida Communities. (2010) Post%20Disaster%20Redevelopment%20Planning% 20Guidebook%20Lo.pdf
13 Selected References Wildfire/Wildland Planning: For an overview of wildland fire protection roles and laws. see Donald Artley, Wildland Fire Protection in the United States. (2009) and Duerksen et al, Addressing Community Wildfire Risk: A Review and Assessment of Regulatory and Planning Tools. (2011 Fire Protection Research Foundation) Coastal Zone Management Act: U.S. EPA, Sustainable Communities Climate Adaptation Guidebook. (2013)
14 The Legal Framework For Addressing Climate Adaptation And Natural Hazards National Flood Insurance Act of 1968 (42 USC 4104c) Created National Flood Insurance Program Communities adopt and enforce a floodplain management ordinance approved by FEMA, and federal govt. makes available flood insurance (prior to that, private insurers would not offer flood insurance). Costs taxpayers $200 million annually and $38 billion in claims since Coastal Barrier Resources Act precludes federal flood insurance for new/improved structures on barrier islands
15 The Legal Framework For Addressing Climate Adaptation And Natural Hazards Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C et seq.) State and local govts. required to develop hazard mitigation plans (Sec. 322) as condition for receiving non-emergency disaster assistance. Risk-based approach to reducing natural hazards through mitigation planning 44 CFR 201 sets out FEMA policies and procedures for mitigation planning. Must Incorporate open public process identify risks and vulnerabilities Describe actions to mitigate hazards and risks Establish implementation strategy and update process Grants available for local plans
16 The Legal Framework For Addressing Climate Adaptation And Natural Hazards Coastal Zone Management Act (16 USC 1451 et seq.) Funding provided for state coastal zone management planning. All coastal states participate. Federal projects and actions must be consistent with state plans. State plans must address coastal hazard mitigation planning and shoreline erosion including potential impacts of sea level rise. States require local governments to adopt plans and implementation strategies consistent with state plan to protect and restore natural resources in coastal zone will allowing growth.
17 The Legal Framework For Addressing Climate Adaptation And Natural Hazards Federal Wildfire/Wildland Fire Management 1995 Federal Wildland Fire Management Policy adopted by Depts. Of Agriculture, Interior, Defense, and Energy. Highly integrated. Key goal is to suppress fires to protect human communities adjacent to federal lands. Legal authority to respond to fires threatening fed lands Various federal laws support local efforts and provide grants for Community Wildfire Protection Plans (CWPP) Reciprocal Fire Protection Act of 1955 Federal Land Policy and Management Act of Guidance for Implementation of Federal Wildland Fire Management Policy Wildfire Suppression Assistance Act of 1989
18 The Legal Framework For Addressing Climate Adaptation And Natural Hazards CWPPs focus mainly on fuel reduction, defensible space, and fire-resistant building materials, not land use. All states have local govt. fire protection and suppression assistance programs Wildland fire training, equipment, etc. Grants Suppression assistance when local capabilities exceeded Pay for suppression costs in some instances State forester usually in charge of programs widely divergent institutional arrangements.
19 The Legal Framework For Addressing Climate Adaptation And Natural Hazards Section 404 of the Clean Water Act (33 USC 403) Grants Corps of Engineers and US EPA authority to regulate dredging and filling associated with navigable waters and coastal zone. Helps reduce loss of wetlands and dunes that buffer communities from storm surges and floods Clean Water Act (33 USC 1251) Requires construction erosion and sediment control programs and post-construction runoff regulations. Helps reduce flooding. Opportunities for use of green infrastructure and preservation of native vegetation
20 The Legal Framework For Addressing Climate Adaptation And Natural Hazards State land use and hazard mitigation laws Climate change/adaptation or hazard mitigation must be addressed in local plans (FL, CA, OR) All states have adopted hazard mitigation plans to qualify for Stafford Act funding. Local plans often required.
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