Law Commons^™

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 …

Beneficial Use Of Dredged Material: Role Of State Permitting Programs And Regulations, Samantha Becker, Sashenka Brauer

Virginia Coastal Policy Center

Beneficial use projects that utilize dredged material will involve several steps: dredging operations, storage of the dredged material, and placement of the dredged material for shoreline resiliency or restoration purposes. Each of these steps implicate different state permitting programs and regulations. Determining which permit programs are applicable will depend on the activity’s impact on the surrounding environment, based on factors such as water quality, and land erosion and degradation. This paper will focus primarily on three questions:

1. Which Virginia permitting programs may apply to the storage of dredged material on an upland site?

2. Which Virginia permitting programs may apply to …

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Overcoming Impediments To Shellfish Aquaculture Through Legal Research And Outreach: Case Studies, National Sea Grant College Program, Catherine Janasie, Amanda Nichols, Read Porter, Mitchell Ramic, Jordan Viana, Joseph Bingaman, Elizabeth Andrews, Angela King, Danielle Goshen, Shana Jones, Lisa Schiavinato, Catherine Courtier, Danielle Goshen

Virginia Coastal Policy Center

More than half of the population of the continental United States resides in coastal communities, which are increasingly home to commercial shellfish aquaculture operations. Consequently, a variety of user conflicts can arise as states seek to encourage the development or expansion of shellfish aquaculture. Each of these conflicts creates the potential for opposition and legal challenges to the industry.

An understanding of the legal and regulatory context governing shellfish aquaculture can assist in managing conflicts related to the industry. Laws and regulations in some cases create or can be perceived as impediments to the growth or success of the aquaculture …

Onsite Sewage Systems: Background, Framework, And Solutions, Jamie Huffman, Sarah Simonetti, R. Scott Herbert

Virginia Coastal Policy Center

No abstract provided.

Recurrent Flooding, Sea Level Rise, And The Relocation Of At-Risk Communities: Case Studies From The Commonwealth Of Virginia, Jeffrey Moore, Lauren Acker

Virginia Coastal Policy Center

No abstract provided.

Riparian Rights And Public Trust: Enforcement Authority, Reeana Keenen

Virginia Coastal Policy Center

In Virginia, private landowners own the land to the Mean Low Water mark (“MLW”), whereas in many coastal states private landowners only own to the high water mark. The bottomlands channelward of the MLW mark in Virginia are governed by the Public Trust Doctrine, meaning that the state holds this land in trust for use by the public. However, use conflicts can arise where private landowners own property adjacent to publicly owned property or where public easements run through private property adjacent to public beach access points.

This Paper will provide a summary of the law regarding private and public …

Sea Level Rise And Recurrent Flooding: A Toolbox For Local Governments In Virginia, Victor Unnone, Jonathan Lubrano

Virginia Coastal Policy Center

No abstract provided.

Waterfront Property Rights: The Potential Impact Of Government Projects, Emily Messer

Virginia Coastal Policy Center

No abstract provided.

The Chesapeake Bay Preservation Act: Proposed Modifications To Improve Resilience To Sea Level Rise, Christopher Antoine

Virginia Coastal Policy Center

There are a number of ways to increase resiliency to sea level rise, and localities should consider all of the potential methods available to them, as not all methods are feasible in every locality. This paper will examine how the CBPA [Chesapeake Bay Preservation Act, the "Act"] currently works to protect water quality and its current capability to help localities improve resilience. It will also consider some potential changes to the CBPA and other programs that may increase the Act’s ability to promote community resilience to sea level rise through rational development while maintaining the water quality benefits that the …

Groundwater Injection Projects: Mitigating The Risk Of Emerging Contaminants, Conor Jennings

Virginia Coastal Policy Center

The Hampton Roads region is one of the fastest growing population centers in Virginia, meaning that demand for clean drinking water is only increasing. In response to this growing problem, the Hampton Roads Sanitation District (HRSD), whose mission is to treat the region’s wastewater, has developed and begun to implement the Sustainable Water Initiative for Tomorrow (SWIFT) project to better reclaim treated wastewater by directly injecting it into the aquifer. Currently, HRSD’s treated wastewater is simply released into surface waters but this process does not help replenish the aquifer because the natural replenishment of the underground aquifer through surface water …

Increasing Living Shoreline Implementation In Virginia: Legal And Policy Recommendations, Christopher Antoine

Virginia Coastal Policy Center

When living shorelines are correctly implemented, they can provide a number of benefits to landowners, localities, and the state. Based on that knowledge, in 2011, the Virginia General Assembly codified a preference for the use of living shorelines in tidal shoreline stabilization projects to facilitate a greater realization of those benefits. Despite the statutory preference, much of Virginia’s tidal shoreline may not be realizing the benefits associated with living shorelines. A recent report from the Center for Coastal Resources Management (CCRM) at the Virginia Institute of Marine Science indicated that, in a sample of coastal Virginia localities from 2014-2016, as …

Water Supply Planning In Virginia: The Future Of Groundwater And Surface Water, Jonathon Lubrano, Jeffrey Moore

Virginia Coastal Policy Center

This paper begins by exploring the current state of water resources planning and permitting. Then, considers current water demand in Virginia, as well as future challenges. Next is an examination of management structures from other states and a discussion of potential solutions to the water scarcity issue, including wastewater purification, the Hampton Roads Sanitation District’s (HRSD) Sustainable Water Initiative For Tomorrow (SWIFT) project, and desalination. The paper concludes with various next steps and policy recommendations that the Commonwealth should consider as dwindling water resources could hamper economic growth and threaten drought conditions, such as regional planning to achieve the optimal …

Report To The Governor And The Chairmen Of The House Committee On Agriculture, Chesapeake And Natural Resources And The Senate Committee On Agriculture, Conservation And Natural Resources, Pursuant To House Bill 1774, Commonwealth Center For Recurrent Flooding Resiliency

Virginia Coastal Policy Center

This report was required by House Bill 1774 (2017), in which the General Assembly requested that the Commonwealth Center for Recurrent Flooding Resiliency convene a workgroup to study the administration of the Commonwealth’s current stormwater management program, as well as the potential treatment and use of water in roadside ditches in rural, Tidewater Virginia localities.

Under the Virginia Stormwater Management Act, the Department of Environmental Quality administers stormwater management requirements for any localities that opt out of becoming a Virginia Stormwater Management Program authority, but only for land disturbances of one acre or more that are covered by the Virginia …

Defending Our Coasts: Ensuring Military Readiness & Economic Viability As Waters Rise, Deborah Kornblut, Angela King, Virginia Coastal Policy Center

Virginia Coastal Policy Center

No abstract provided.

Tourism Business Resilience For Coastal Virginia Assessment Report, Lindsay Usher, Michelle Covi, Juita-Elena Yusuf, Kaitlin Giles, Elizabeth Armistead Andrews, Angela King, Sashenka Brauer, Rebecca Ribley

Virginia Coastal Policy Center

This report summarizes the results of the Tourism Business Resilience Project conducted by the Commonwealth Center for Recurrent Flooding Resiliency and Virginia Sea Grant. This project was a joint effort by faculty and students from the Old Dominion University Resilience Collaborative and the Virginia Coastal Policy Center at the William & Mary Law School.

The 2016 Stormwater Bill: An Analysis Of Perceived And Real Problems With Proposed Solutions, Jonathon R. Lubrano, Elizabeth A. Andrews, Roy A. Hoagland

Virginia Coastal Policy Center

No abstract provided.

Working Waterfronts: On History, Conflicts, And Finding A Balance Case Studies Of The Lynnhaven River, The Ware River, And The Eastern Shore Of Virginia, Noah Trombly, Derek Van De Walle, Chelsea Wilkins

Virginia Coastal Policy Center

No abstract provided.

Hampton Roads Sanitation District’S Sustainable Water Initiative For Tomorrow Proposal, Patrick Harner, Alexa Pecht, Emily Tucker

Virginia Coastal Policy Center

No abstract provided.

Money For Nothing: A Case Study On Leveraging Donated Property To Satisfy Federal Grant Match Requirements, Garrett Gee

Virginia Coastal Policy Center

No abstract provided.

Climate Change And The Chesapeake Bay Total Maximum Daily Load: Policy Priorities And Options, Joseph Kurt, Victor Unnone

Virginia Coastal Policy Center

No abstract provided.

Tools For A Resilient Virginia Coast: Designing A Successful Tdr Program For Virginia’S Middle Peninsula, Jessica Lung, Michael Killius

Virginia Coastal Policy Center

No abstract provided.

Green Infrastructure In The Community Ratings System: A Proposed Path To National Flood Insurance Program Recognition, Kevin Macwhorter, Kathleen Zaratzian

Virginia Coastal Policy Center

No abstract provided.

The Use, Impact, And Ban Of Coal Tar- Based Sealants, Hannah Needleman

Virginia Coastal Policy Center

No abstract provided.

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 …

Va Coastlines (End Of 2014-2015 Term), Virginia Coastal Policy Center

Virginia Coastal Policy Center

No abstract provided.

Mapping Coastal Risks And Social Vulnerability: Principles And Considerations, Shana Jones

Virginia Coastal Policy Center

No abstract provided.

Mapping Coastal Risks And Social Vulnerability: Current Tools And Legal Risks, Lisa Schiavinato, Heather Payne

Virginia Coastal Policy Center

No abstract provided.

Go Green, Save Money: Lowering Flood Insurance Rates In Virginia With Stormwater Management And Open Space, Adele Young, Kristen Clark

Virginia Coastal Policy Center

No abstract provided.

State And Local Liability For Failure To Adapt To And Protect Against Recurrent Flooding: Applying Farmers Insurance's Legal Framework To Virginia Circumstances, James M. Andris Jr.

Virginia Coastal Policy Center

No abstract provided.

Tidal Wetlands Protection In Virginia: Time For An Update, Pamela Kalinowski, Yvonne Baker

Virginia Coastal Policy Center

No abstract provided.