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9 - Local Resilience, Land Use Law, and Disaster Planning

from Part III - Law’s Role in Promoting Hazard Mitigation: Intergovernmental, International, National, and Local Approaches

Published online by Cambridge University Press:  27 October 2022

Susan S. Kuo
Affiliation:
University of South Carolina School of Law
John Travis Marshall
Affiliation:
Georgia State University College of Law
Ryan Rowberry
Affiliation:
Georgia State University College of Law
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Summary

This chapter defines, discusses, and evaluates local disaster planning, management, and mitigation, emphasizing the importance of local control over land planning and development. It focuses on the grass roots level where the impact of disasters is first and most ferociously felt, where lives are lost, and property is destroyed. Building on this base, it discusses why collaborative strategies should be created, especially where multijurisdictional issues are involved and where local expertise and resources are insufficient to respond to the full scope of the problem. To this end, it describes state and federal disaster planning and mitigation programs and resources in the context of a broader approach that leverages intergovernmental climate change planning and management. The chapter includes numerous case studies of local hazard mitigation efforts, particularly those guided by land use planning and regulation. The difficulty of planning managed retreat from development in vulnerable areas caused by the total takings jurisprudence of the U.S. Supreme Court is discussed and a path forward illuminated. The chapter concludes by discussing why the existential threat of climate change and related natural disasters can no longer be addressed by uncoordinated efforts. We can choose to succeed by engaging in collaborative efforts utilizing all legal powers, technical expertise, and financial resources available.

Type
Chapter
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The Cambridge Handbook of Disaster Law and Policy
Risk, Recovery, and Redevelopment
, pp. 151 - 180
Publisher: Cambridge University Press
Print publication year: 2022

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