Law Commons^™

Planning For A Managed Retreat: Moving In A New Direction, Caitlin Parry, Michael Heard Snow, Ryan Franklin

Virginia Coastal Policy Center

Climate change is altering the United States’ coastline in both subtle and extreme ways. The threat is especially pressing in the Commonwealth of Virginia, which is experiencing sea levels rising faster than the global average. As global sea level rise continues to increase, coastal communities across the country must make difficult decisions about their futures. Instead of waging an endless war with the tide, one option for them to consider is the process of managed retreat, which provides a long-term solution by relocating communities away from vulnerable areas. Low to moderate income communities face a variety of additional social and …

Managed Retreat And The Life Estate: A Practical Path Forward For Coastal Communities, Sam Gross

Virginia Coastal Policy Center

This paper focuses on a frequently discussed but rarely implemented solution to sea level rise: “managed retreat” away from at-risk and overdeveloped coastal areas. The paper begins by examining the threat posed by sea level rise through the lens of two contrasting municipalities: Miami, Florida and Nags Head, North Carolina. It then outlines the concept of managed retreat as well as the controversies surrounding this approach. Specifically, it examines the widespread voter hostility to condemnation efforts, the deterrent effect of inevitable legal challenges, and the financial burden of such efforts on cash-strapped municipalities.

After analyzing these hurdles, the paper assesses …

The Creation Of A Virginia Coastal Resilience Development Authority: An Inventory Of State Coastal Resilience Authorities And Funding Mechanisms To Help Guide Virginia, Kristi Gennette

Virginia Coastal Policy Center

In June 2018, Governor Ralph Northam signed legislation creating a cabinet-level position, the Special Assistant to the Governor for Coastal Adaptation and Protection, to lead efforts in addressing coastal resilience and flooding mitigation in Virginia. The following November, Governor Northam signed Executive Order No. 24, which directed the state to increase statewide resilience to natural hazards and extreme weather. This Executive Order directed Virginia to develop a Coastal Resilience Master Plan (CRMP). In order to implement the projects proposed in the CRMP, the Commonwealth will need funding. This paper provides an inventory of various states’ programs for funding coastal resilience …

Planning For The "New Normal": Using Build One Portsmouth To Address Flood Resilience, Alison Wrynn, Sarah Simonetti

Virginia Coastal Policy Center

Sea level rise, recurrent flooding, and increasingly severe storms are ever-present threats to coastal Virginia. As climate change becomes the “new normal”, creative solutions are needed to adapt to these stark realities.

In response to these climate-related challenges, Governor Ralph Northam issued Executive Order 24, “Increasing Virginia’s Resilience to Sea Level Rise and Natural Hazards,” on November 2, 2018. The Executive Order designated the Secretary of Natural Resources as the Chief Resilience Officer of the Commonwealth, and set forth various actions intended to increase statewide resilience to natural hazards and extreme weather. Later that same month, Portsmouth released its 2018 …

Hampton Roads Intergovernmental Pilot Project: Memo And Legal Primer, Roy Hoagland, Joe Durant, Jeremy Forrest, Kelly Lackey, Deborah Loomis, Benjamin Mcfarlane, Mark Nevitt, Adam Olson, Miguel Padilla, J. Duncan Pitchford, Henry Pollard, Mark Popovich, Lynne Rhode

Virginia Coastal Policy Center

The Hampton Roads area is experiencing the highest rates of sea-level rise along the U.S. East Coast. It is second only to New Orleans, Louisiana as the largest population center at risk from sea level rise in the country. And it is anticipated that Virginia will experience between 2.3 to 5.2 feet of sea level rise by the end of the century. This unprecedented challenge requires a comprehensive and effective planning response.

The mission of the Hampton Roads Sea Level Rise Pilot Project (“Pilot Project”) is to develop a regional whole of government and whole of community approach to sea …