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Full-Text Articles in Law

Integration Of Natural Hazard Mitigation Into Municipal Harbor Management Plans In The United States, Frank J. Mcneilly Jan 1996

Integration Of Natural Hazard Mitigation Into Municipal Harbor Management Plans In The United States, Frank J. Mcneilly

Theses and Major Papers

Harbor management planning is a relatively new concept in this country. What is believed to be the first municipal level harbor management plan (HMP) in the United States originated from a need to resolve a problem of encroachments on a Federal navigation channel in Connecticut. This method of harbor planning was soon recognized as an effective management tool and was used as a model for other coastal communities in the Northeast. While early HMPs primarily focused on mooring management, today's plans address many more harbor issues. The Coastal Zone Management Act was intended to form a national coastal zone management …


Shoreline Setbacks Vs. Regulatory Takings Law In Massachusetts, Deborah Fraize Jan 1996

Shoreline Setbacks Vs. Regulatory Takings Law In Massachusetts, Deborah Fraize

Theses and Major Papers

this thesis examines whether the current shoreline setback scheme provided for under the Massachusetts Wetlands Protection Act may be deemed unconstitutional under the Takings Clause of the Fifth Amendment to the U. S. Constitution in light of recent holdings of the U.S. Supreme Court. In so doing, the thesis addresses what latitude regulators in Massachusetts may have under the merging case law. Because this area of law -- regulatory takings -- is still evolving, it was necessary to look at the evolution of the law in the U.S. Supreme Court and the Massachusetts appellate level courts. Research reveals that …


Enforcement Of State Coastal Resources Management Regulations: The Rhode Island Coastal Resources Management Council, David W. Kaiser Jan 1988

Enforcement Of State Coastal Resources Management Regulations: The Rhode Island Coastal Resources Management Council, David W. Kaiser

Theses and Major Papers

This paper examines the adequacy of the enforcement efforts of the Rhode Island Coastal Resources Management Council (CRMC) in carrying out the rules and regulations of the Rhode Island Coastal Resources Management Program (CRMP). This analysis describes the Federal and State mandates and contributions to the enforcement of the Rhode Island CRMP, determines the legitimacy of the CRMC through Superior Court cases, examines CRMC enforcement activities, and determines the compliance to CRMC cease and desist orders. The research finds that the CRMC has not enforced its regulatory responsibilities well. Actual compliance to cease and desist orders was only 41%. It …