Recovery in North Carolina One Year Later

Amid the whirlwind of disasters this fall—three major hurricanes hitting the U.S., earthquakes and another hurricane hitting Mexico, wildfires in northern California—it is easy to forget that people hit by other disasters as recently as a year ago are still laboring toward long-term community recovery from the damages those events left behind. One of those places is North Carolina, which suffered flooding in several small communities in its eastern Coastal Plain from Hurricane Matthew. The Federal Emergency Management Agency (FEMA), of necessity, may shift its energy and resources to new places, but the communities and states trying to recover cannot escape the realities of rebuilding their own futures.

I was in North Carolina just two weeks ago for the annual conference of the North Carolina chapter of the American Planning Association, in Greenville. This city of about 90,000 is just an hour west of the Outer Banks, depending on which roads are open. (Hurricane Maria was kicking up waves as it moved north out in the Atlantic Ocean while I was there.) Much of the surrounding area consists of farm country and small towns nestled in river valleys subject to flooding in major storms including tropical storms and hurricanes. In the 1990s, the area was visited by Hurricanes Floyd and Fran, both of which left their marks. I had hoped to travel the towns affected by Matthew with a colleague, but it did not work out. But I did listen to a keynote presentation by Gavin Smith, a research professor at the University of North Carolina (UNC) in Chapel Hill and director of the U.S. Department of Homeland Security’s Coastal Resilience Center of Excellence, located at UNC. I was there because I had been invited to speak at two sessions, one on September 26 on community resilience and another the next day on flood hazards and subdivision design.

Smith has worked with the North Carolina Department of Emergency Management on recovery planning in the past, and as a consultant following Hurricane Katrina, led recovery in Mississippi under Gov. Haley Barbour. He later returned to North Carolina to join the UNC faculty, but clearly is an experienced hand in this field. He has also written extensively on disaster recovery, including an Island Press book, Planning for Post-Disaster Recovery: A Review of the United States Disaster Assistance Framework.

What Smith served up was a primer in planning for climate change and disaster recovery with a side order of North Carolina case studies. I don’t say that to be cute, but because I have discussed at length the issues associated with the former, so here, I will concentrate on the latter. I will note first, however, that he highlighted some issues connected with disaster recovery that are worth considering:

  • Disasters tend to bring to the forefront of community planning existing conditions that may have been less obvious beforehand, but which are not new.
  • Disaster involves opportunity, a unique situation in which good planning can effect positive change. Because planners are generally interested in advancing equity, this is important, as developers are often dictating growth even when it negatively affects some economically marginalized people in the community.
  • This post-disaster environment provides an opportunity to engage in alternative dispute resolution, with planners using negotiation to help resolve difficult issues.
  • The reality of disaster recovery is time compression, the need to move quickly even though better planning may demand stepping back and investing more time in deliberation before making decisions. We can alleviate some of that pressure by developing plans for recovery before disaster strikes.

That is, in a way, all background to the simple fact that one role for planning is to help change the rules governing recovery through serious engagement between local officials, who generally better understand local needs, and those at state and federal levels of government, who generally control more of the resources needed for successful recovery. In other words, planners need to help solve the disconnect between means and understanding. Communities that passively await rescue by higher levels of government without undertaking the task of owning their own recovery may well face consequences in the misallocation of the resources provided.

The Hurricane Matthew Disaster Recovery and Resilience Initiative (HMDRRI) has specifically worked with eight communities in eastern North Carolina under the auspices of the North Carolina Policy Collaboratory. Smith is the project director. It began with a research period that ran from February through June of this year. The project included intake interviews with people in the affected areas who were willing to pursue buyouts of their properties, which would then be maintained in perpetual open space under rules of FEMA’s Hazard Mitigation Grant Program, and discussed with them where they were willing to relocate. The program developed housing prototypes for affordable homes in the $90,000 range that would allow buyers to stay in their communities without remaining in the floodplain. One major question was whether they could endure as a community after such relocation, which is affected by area geography and topography and the ability to identify and develop suitable alternatives. It should also be noted that eastern North Carolina has been through much of this before. Following Hurricane Floyd in 1999, the state undertook buyouts of more than 5,000 homes and assisted in elevating another 1,000.

Camp shelter in Windsor, NC, one of the communities assisted by HMDRRI. Photo by Gavin Smith

The HMDRRI research product is a 580-page report that outlines project objectives and documents economic, housing, and other conditions in both the region and the communities specifically targeted by the project: Kinston, Fair Bluff, Windsor, Princeville, Lumberton, and Seven Springs. This documentation is critical to an accurate assessment of the challenges facing the region. For instance, the standard determinant of housing affordability is the ability to limit spending on housing to 30 percent of income. People in lower-income brackets often struggle to find such housing, and often it requires subsidies or some sort of intervention in the housing market. Within the coastal counties studied, however, the reasons for shortages of affordable housing can vary widely, as can its quality. The resilience of affordable housing in an area subject to coastal storms and flooding is important, yet the abundance of mobile and modular housing in the region offers little resilience in the face of disaster, and septic systems associated with much modular housing often make those homes even more susceptible to flooding. Thus, solutions must address both resilience and affordability to provide some semblance of social equity in disaster recovery.

The intriguing model offered by HMDRRI, however, is the systematic engagement of the academic community in what is simultaneously a practical learning experience for students and faculty, an opportunity for introducing the skills of practicing design professionals to the area, and a direct connection to state and federal officials, for instance, by allowing student and faculty teams to work in the FEMA Joint Field Office (JFO) and thus access data that might not otherwise be readily available. This included interaction with FEMA’s Community Planning and Capacity Building team, part of the larger federal Disaster Recovery Framework. The report, more readable than its length might suggest, includes a substantial section called Home Place that helps facilitate the transfer of design practices to the community level to empower better local recovery planning.

An example of this occurred in Princeville, which Smith described as the oldest African-American community founded by freed slaves. In August, HMDRRI hosted a five-day charrette with visiting architects, three-quarters of them African-American, who worked directly with the community on land-use and design solutions for relocating homes from the floodplain to a higher, 52-acre site still within the city limits. Helping the community to understand and come to terms with the land-use changes resulting from the recovery from Hurricane Matthew is critical to long-term success. The verdict is necessarily still pending in this case, but it may provide a solid case study for future efforts elsewhere. Smith also noted one other important aspect of the charrette experience: Participants were asked to check in daily to document the time they spent. Creative people that they were, the initial reaction was some resentment at being subjected to this bureaucratic procedure until it was explained that documenting their contribution of time was essential to showing a local match for federal funds supporting the project. Approximately 100 people were credentialed for the purpose. At that point, they complied enthusiastically because they understood the purpose as something more than mere bookkeeping. They were helping the community marshal badly needed resources.

It is worth noting that the report recommends that the North Carolina Governor’s Office form a standing committee to provide recommendations for policy, programming, and funding strategies for development of adequate housing in eastern North Carolina. The report also notes interest from Texas and Rice University in the model for state/academic collaboration that HMDRRI offers. This is part of the silver lining of disasters: the emergence and dissemination of positive and innovative solutions to common problems.

Jim Schwab

Hurricane Harvey Interview on CBC

For those who have been reading the posts I have recently done since Hurricane Harvey made landfall, I thought it might be of interest to see this video clip of an interview I did with Canadian Broadcasting Corp. two days ago: https://youtu.be/UFslrKPd04s 

Jim Schwab

Texas and U.S. Need Public Policy Champions

Photo by Jeff Clevenger

Justifiably, people and the news media have celebrated the heroes of emergency response in Texas during the week-long nightmare of Hurricane Harvey. Disasters often bring out the best in many people, a selfless commitment that inspires those capable to rescue neighbors and even perfect strangers, binding a community together in a time of crisis. It is extremely important that we honor such people. Other people’s lives often depend on them. And not infrequently, they put their own lives at stake in the process.

But I have a concern, especially with the current administration and especially with the political leadership in Texas. My concern is that honoring these heroes will become a way of deflecting attention from the tough questions about how Houston and other communities exacerbated their own natural vulnerabilities and what long-term recovery planning will do about the situation. Is it enough just to rescue people, or do we need also to ask why so many were in harm’s way in the first place?

In the process of planning and implementing long-term recovery from Harvey, both Texas and the nation will need an entirely new brand of heroes. These will be the people who, despite the brickbats thrown at them from those who want to avoid the tough issues and continue business as usual, will have the courage to ask the tough questions and float ideas and solutions that others may not wish to entertain. As Larry Larson and David Conrad, two colleagues in floodplain management whose work I have admired for years, stated in the Washington Post in a September 1 op-ed column, we have known for nearly a quarter-century how to ameliorate flooding, dating back to the recommendations of a federal task force report that followed the Great Flood of 1993. We just have not done it. And Houston, in particular, despite ranking near the top nationally in flood damages, paid little heed. The lack of zoning and other land-use controls allowed development to pave over wetlands and other areas that could have served as natural drainage systems.

But the tough slog for sensible solutions will not be unique to Texas. It happened in New Jersey after Sandy, in Louisiana and Mississippi after Katrina, in Iowa after the 2008 floods, and so on, and so on. It goes with the territory. It helps explain why we keep suffering one major disaster after another. Sometimes, advocating for change can be a thankless job. It can also make a crucial difference in advancing solutions to address natural hazards and climate change.

What we will need are public policy champions. These people will turn over rocks, examine alternatives, and ask why we cannot do a better job of protecting the natural systems that can mitigate flooding, wind damage, and other hazards. These are the people, armed with science and common sense and determination, who fought for building codes and levee management reform after Katrina, for dune restoration after Sandy, for rebuilding a green community in Greensburg, Kansas, after an EF-5 tornado, and for a charter amendment to ensure a more effective master plan in New Orleans.

Already, these people have a critical mission ahead. Just days before Harvey made landfall in Texas, President Donald Trump revoked an Obama executive order that had facilitated the adoption of the Federal Flood Risk Management Standard, which outlined means for incorporating the science of climate change into estimations of flood risk used to determine what sorts of federal investments in infrastructure may occur in floodplains, and what standards they must comply with. This is undoubtedly part of the Trump war on the very idea of climate change, but the foolhardiness of this rush to undo the Obama legacy became clear as we watched the impact of Harvey on the Texas coast. The Trump administration had earlier proposed cutbacks in funding for the Federal Emergency Management Agency, whose help in Texas is now sorely needed, and gutting the funding for the floodplain mapping program, which, if anything, needs substantial new investment of at least $7 billion to modernize and update maps that are often sorely out of date. (Note that we are now talking about recovery funding for Harvey of as much as $180 billion.) There are other hazard mitigation issues on the front burner for federal consideration, but these are central.

And amid all this drama, recovery from Harvey will unfold in Texas. The biggest disservice to the heroism of all those who rescued neighbors and strangers will be to force others to repeat such sacrifices in future storms in situations where damages and flooding could have been mitigated through better land-use solutions, better building codes, and other measures to address the current inadequacies.

I stated in my first blog post about Harvey that no city in North America could handle the amount of rain that befell cities like Houston, and that remains true. But it does not mean the problem needed to be as bad as it was. The sheer extent of the problem was in many ways the result of runaway development patterns that trampled natural defenses against flooding. We can honor the rescue heroes with more heroes who ask the big questions and insist on effective solutions. We need public policy champions who will rise to the recovery challenge.

Jim Schwab

Hurricane Irene: Examining Resilience in Vermont

Earlier this year, the American Planning Association’s Hazard Mitigation and Disaster Recovery Planning Division, in cooperation with Texas A&M University, sponsored a student paper contest for students in urban planning programs across the country. The papers would need to deal with some aspect of natural hazards and planning. The contest involved a $2,500 prize and presentation of the award at APA’s National Planning Conference, which just occurred in New York City May 6-9. The award was announced at a joint reception of the hazard division and APA’s Sustainable Communities Division on May 8. As might be expected, numerous papers were submitted by students in graduate planning schools across the U.S..

To my surprise and great pleasure, the winner of this first-ever contest was one of my own students from a course I teach at the University of Iowa School of Urban and Regional Planning. Emily Seiple, of Mahomet, Illinois, was in my Fall 2016 class, “Planning for Disaster Mitigation and Recovery.” She was one of three students who sought my endorsement to submit their papers, but there were undoubtedly dozens of others, if not hundreds, from other schools. I have not inquired as to the total submitted.

 

Courtesy of NOAA, National Weather Service

Emily’s paper is very deserving of the recognition she has now received. In her paper, written as an assignment for my class, she expertly dissected the dynamics of a challenging recovery situation for the town of Waterbury, Vermont, following Hurricane Irene in the fall of 2011. Many readers may recall seeing television footage of glutted streams rushing downhill from the mountains, inundating one Vermont community after another. The flood itself was but the prelude, however, for then followed the arduous work of organizing recovery committees, managing recovery funds, working with state and federal agencies, and finding and implementing the silver lining in an otherwise bleak situation. Resilience involves a community’s ability both to respond well to such challenges and to build back better and stronger. Emily examined that story with a remarkably clear and perceptive eye to both details and the big picture, as you will learn by reading her paper, linked here. I present it because I believe her recpaper will allow blog readers to gain a greater understanding of the many nuances involved in disaster recovery planning, which has never been a simple subject.

I took the extra step, during the APA National Planning Conference, of arranging to videotape an interview with Emily Seiple about her paper, with the help of Michael Johnson of the APA staff. It may be two or three weeks before that video is posted, but you will ultimately be able to find it on the APA website, at www.planning.org. We will also arrange to post the paper on that site. I invite reader comments on both the paper and its subject matter.

Finally, I apologize to my readers for the relative shortage of postings in recent weeks. The final months of my tenure at APA, leading to my working independently as a writer, consultant, and speaker as of June 1, have been surprisingly hectic, and I want to be sure that I leave the APA Hazards Planning Center in good hands and in excellent shape. That has taken priority, but the end is near, after which I hope to give this blog considerably closer attention well into the future.

 

Jim Schwab

Climate Resilience on the High Plains

For those who think only in terms of the politics of red and blue states, the conference I attended March 30-31 in Lincoln, Nebraska, may seem like a paradox, if not an oxymoron. It is neither. It is a matter of looking beyond labels to facts and common sense, and ultimately toward solutions to shared problems. The problem with climate change is that the subject has been politicized into federal policy paralysis. But the scope for local and even state action is wider than it seems.

The University of Nebraska-Lincoln (UNL) Public Policy Center with support from the High Plains Regional Climate Center (HPRCC) sponsored the conference on “Utilizing Climate Science to Inform Local Planning and Enhance Resilience.” I spoke first on the opening panel. The sponsors have been working with communities across Iowa, Missouri, Kansas, and Nebraska. Planners, floodplain managers, and civil engineers from eleven municipalities in those states participated, along with UNL staff, climatologists, the Nebraska emergency manager, and myself.

My job was to provide a national perspective on the subject from a national professional organization, representing the Hazards Planning Center at the American Planning Association. I talked about two projects we are conducting with funding from the National Oceanic and Atmospheric Administration: “Building Coastal Resilience through Capital Improvements Planning” and “Incorporating Local Climate Science to Help Communities Plan for Climate Extremes.” I made light of the fact that there was not a single coastal community among the four states of the region, but I added that the lessons from the first project are still relevant because every community plans for capital improvements, which generally constitute the biggest investments they make in their future. Capital improvements cover long-term expenditures for transportation and waste and wastewater infrastructure as well as other facilities potentially affected by climate change. In the Midwest and High Plains, instead of sea level rise, communities are watching a rise in the number and severity of extreme events on both ends of the precipitation curve—in other words, both prolonged drought and more intense rainfall. Drought taxes water supply while heavy rainstorms tax local capacity to manage stormwater. Both may require costly improvements to address vulnerabilities.

This park is part of the new urban amenity created for Lincoln residents.

I simply set the stage, however, for an increasingly deep dive over two days into the realities facing the communities represented at the workshop. Such input was an essential point of the conference. Different professionals speak differently about the problem; if planners or local elected officials are to interpret climate data in a way that makes sense politically and makes for better local policy, it is important for, say, climate scientists to understand how their data are being understood. There must also be effective information conduits to the general public, which is often confused by overly technical presentations. Moreover, what matters most is not the same for every group of listeners.

Glenn Johnson explains some of the planning of Antelope Valley.

Some of the challenges, as well as the successes, were clear from presentations by two speakers who followed me to talk about the situation in Lincoln. Glenn Johnson is retired from the Lower South Platte Natural Resources District. Steve Owen is with the city’s Public Works and Utilities Department and spoke about the challenges related to water supply and quality, as well as flooding. At the end of the conference, we spent three hours touring Lincoln’s Antelope Valley project, an interesting combination of using a weir (small dam) and landscaping tools to create adequate water storage to reduce flooding in the downtown area. This had the interesting impact of removing some land from the floodplain and sparking redevelopment in what are now some of Lincoln’s most up-and-coming neighborhoods. At the same time, the project through creative urban

Now you know what a weir looks like (if you didn’t already). Photo courtesy of UNL.

design has allowed the city to create new urban park space and trails that enhance the urban experience for residents. Responding to climate and flooding challenges need not subtract from a city’s overall prospects; it can help enhance its attractiveness to both citizens and developers. The result is that good planning has helped make Lincoln a more interesting city than it might otherwise have been. That is a message worth considering amid all the political hubbub over climate change. We can create opportunity, but we must also embrace the reality. My guess is that this is why the other ten cities were present.

Jim Schwab

Step Forward on Water Hazards Resilience

Satellite photo of Great Lakes and St. Lawrence Seaway. Image from NOAA Great Lakes Environmental Research Laboratory (CC BY-SA 2.0).

It is time to make America resilient. The trends have been moving us in the wrong direction for a long time, but we know how to reverse them.

Planners — and elected officials — have to embrace the science that will inform us best on how to achieve that goal, and we have to develop the political will to decide that public safety in the face of natural hazards is central both to fiscal prudence and the kind of nation we want to be. America will not become great by being short-sighted.

Damage from natural disasters is taking an increasing toll on our society and our economy. The National Oceanic and Atmospheric Administration (NOAA), currently the target for serious budget cuts by the Trump administration, operates the National Centers for Environmental Information (NCEI), a vital national resource center for data. It has long tracked the number and costs of the nation’s weather and climate-related disasters, and the conclusion is unavoidable: The number of billion-dollar disasters is growing and getting worse.

APA’s Hazards Planning Center has long studied and highlighted best planning practices for addressing the vulnerabilities that lead to such disaster losses. However, the uptake into community planning systems varies, and it is often a long process challenged by resource shortages.

In recognition of Water Week, I offer the following recommendations to Congress for ways in which federal partners and planners can work together to create stronger, more resilient communities:

Maintain funding levels

Maintaining the necessary funding support for agencies like NOAA is critical for providing us with the baseline information the nation needs to track data. It’s only through the ongoing coordination, maintence, and strengthening of national data resources that federal partners will truly be able to support local planning efforts. More data — not less — is the key to creating hazards policy that prepares communities for the future.

Translate science into good public policy

It is important to find new and better ways to translate science into good public policy. This is one of the objectives for NOAA’s Regional Coastal Resilience program — just one of the many important grants in danger of being defunded in FY 2018.

Support America’s coastal communities by ensuring that they benefit from projects directing the nation’s scientific and technical ingenuity to solve problems related to coastal hazards. The price tag is a tiny fraction of what the nation spent on recovery from Hurricane Sandy. The program is clearly a wise investment in our coastal future.

Reauthorize the National Flood Insurance Program

The National Flood Insurance Program expires this year. Reauthorization must include continued support for the flood mapping program so communities have essential baseline information on the parameters of their flooding challenges.

Municipalities and counties need accurate and current flood mapping and data in order to make more informed judgments on both how and where to build. Only then will the nation begin to dial back the volume of annual flood damages.

Pass the Digital Coast Act

Passing the Digital Coast Act means authorizing and enabling NOAA to provide the suite of tools, data, and resources under the Digital Coast program that have proved useful to local planners, coastal resource managers, public works departments, and water agencies in better managing coastal zones and the natural systems that keep them healthy.

Through the Digital Coast Partnership, APA has been a strong advocate for formalizing NOAA’s Digital Coast project through legislation and providing adequate federal appropriations for robust funding.

This legislation already has bipartisan support because the program shows government at its best in providing cost-effective support to scientifically informed public policy and decision making.

As APA Past President Carol Rhea, FAICP, has noted, “This legislation will directly improve local disaster response and hazard mitigation planning. This bill will help local communities minimize potential loss of life and damage to infrastructure, private property, and conservation areas. The Digital Coast Act is an important step for effective coastal management.”

Continue funding for the Great Lakes Restoration Initiative

The U.S. Environmental Protection Agency was created partly in response to the sorry condition of the Great Lakes and major tributaries like the Cuyahoga and Maumee Rivers. We have come a long way since then. The lakes and rivers are healthier, and the communities around them are, too. Yet the administration’s budget would zero out such programs despite their megaregional and even international impacts.

Recognize the progress we have made and renew America’s commitment to further improve these major bodies of water. Support coastal resilience along the Great Lakes.

These are not dramatic requests. Mostly, they recognize the slow but steady progress — and the persistent creativity — that has resulted from past commitments. They are, however, critical to successful water policy and to our national future as a resilient nation.

Jim Schwab

This post is reprinted from the APA Blog with permission from the American Planning Association, for which it was produced.

Natural Solutions for Natural Hazards

Boulder Creek, Boulder, Colorado

Boulder Creek, Boulder, Colorado

It has taken a long while in our modern society for the notion to take hold that some of the best solutions to reduce the impact of natural hazards can be found in nature itself. Perhaps it is the high cost of continuing to use highly engineered solutions to protect development that has often been sited unwisely in the first place that has finally gotten our attention. Particularly after Hurricane Sandy, however, the notion of using green infrastructure as part of the hazard mitigation strategy for post-disaster recovery began to gain traction; green infrastructure was highlighted in the federal Hurricane Sandy Rebuilding Strategy. These approaches are also known as natural or nature-based designs. They involve understanding the role natural systems play in reducing damages and in using that knowledge to deploy such solutions as part of an intelligent game plan for improving community resilience.

But where should community planners and local officials get reliable information on the best and most proven strategies for implementing green infrastructure solutions?

About a year and a half ago, researchers from The Nature Conservancy (TNC) approached me about involving the American Planning Association (APA) Hazards Planning Center in a project they were undertaking with support from the Kresge Foundation to prepare such information in the form of a green infrastructure siting guide. In the end, they also involved the Association of State Floodplain Managers (ASFPM), the National Association of Counties (NACo), the American Society of Civil Engineers, and the Boston-based design firm Sasaki Associates to assist with this effort. Over the past year or more, we have all met regularly to discuss what needed to be done and our progress in making it happen. We produced case studies, strategy briefs, and other material to populate the project’s web-based resources.

Bioswale in a subdivision development in Boulder County, Colorado.

Bioswale in a subdivision development in Boulder County, Colorado.

Last month, after all that teamwork, TNC unveiled its new website for the project, called Naturally Resilient Communities. For those interested in knowing how trees, living shorelines, dunes, coastal marshes, and oyster reefs, among other types of natural infrastructure, can help mitigate natural hazards like coastal storms and urban flooding, the website provides a serious and interactive introduction to the subject matter, backed up by numerous resources.

What is especially valuable about the website design is that it allows users multiple avenues into the specific types of information they need. Not all natural infrastructure solutions are born equal. Some are more appropriate in certain settings than others. Some work best in inland river valleys, some along coastlines, and others in mountains or high plains. Some coastal solutions work well in the rocky coastlines of California or Oregon, while others work better along Atlantic or Gulf Coast shorelines. Applying such solutions is largely a matter of learning what works best in a specific natural environment in the face of specific hazards—riverine flooding, hurricanes, thunderstorms, or other threats that communities face. It is critical to adapt the solution to the problem.

Accordingly, the website, largely the work of Sasaki Associates with vetting from the other project partners, allows users to approach the information by deciding which strategies they wish to investigate or which part of the United States is relevant. They can also look at considerations such as cost, the geographic scale of the solution (neighborhood, municipal, regional), and the type of community in question. These are precisely the frames of reference familiar to most urban planners and civil engineers who are most likely to be involved in implementing natural infrastructure projects. The emphasis throughout is on the practical, not the ideal or the ideological. A particular approach either works or does not work, but it does so in very specific settings, such as a neighborhood in a city along one of the Great Lakes or in the Southwestern desert. Context is the central question.

This memorial to Gilbert White, the pioneer of modern floodplain management, marks the high point of flooding along Boulder Creek.

This memorial to Gilbert White, the pioneer of modern floodplain management, marks the high point of flooding along Boulder Creek.

Establishing context is why the project put considerable emphasis on case studies, which cover a variety of communities around the nation. Specify, for example, Rocky Mountain West as a region and riverine flooding as a problem, and the site gives you a case study from Boulder, Colorado, that examines the alternatives considered and solutions adopted for flooding along Boulder Creek and discusses the involvement of the city and the Denver-based Urban Drainage and Flood Control District to implement a stream restoration master plan. One can also find case studies from Florida, Ohio, and numerous other locations. One can also, however, explore sections of the website devoted to additional resources and funding

sources to support green infrastructure projects. These allow the user to connect to other websites and some PDFs for additional information.

Go explore. I admit to taking pride in our involvement in this effort. It is, I think, a welcome resource and great learning tool for planners, engineers, local officials, and the interested public.

 

Jim Schwab

Making Natural Infrastructure Solutions Happen

From time to time, I contribute to the APA Blog, which consists of a variety of news and perspectives the American Planning Association provides to its members on its own website. Recently, I composed an article about an effort APA undertook in concert with several organizational partners to explore issues related to permitting of wetlands restoration projects and some of the obstacles such projects may face. For those interested, just follow the link: https://www.planning.org/blog/blogpost/9118459/.

Jim Schwab

Can You Sue the Government for Climate Change Impacts?

The American Planning Association has just posted today this article I wrote for its APA blog: https://www.planning.org/blog/blogpost/9111027/.

Jim Schwab

Protect What We’ve Gained in Flood Loss Reduction

Flood damage on Staten Island from Hurricane Sandy in 2012.

Flood damage on Staten Island from Hurricane Sandy in 2012.

One of the ongoing, perhaps permanent, struggles in public policy in a democracy like ours involves finding a balance between enabling private sector opportunities and protecting both the public interest and the public purse. Depending on their philosophies and perspectives, people will naturally draw those lines in different places on different issues. But sometimes it is perfectly clear when the public interest is about to suffer a hit. Currently, one of those possibilities involves the fate of the National Flood Insurance Program (NFIP).

On April 28, the U.S. House of Representatives passed HR 2901, a bill that seeks to make it easier for private companies to write private flood insurance policies that can take the place of those provided by the NFIP. The NFIP was created under the National Flood Insurance Act of 1968 to provide insurance that was then largely unavailable on the private market, but it also set in motion the creation of a federal regulatory program that has established standards for floodplain management in more than 22,000 communities nationwide. Many of those communities, particularly smaller ones, have no other meaningful land-use regulations, unlike bigger cities and suburbs and communities in states that mandate planning, which typically have comprehensive plans, zoning ordinances, and subdivision regulations. The reason is that federal flood insurance is made available only in communities that have adopted the minimum standards of the NFIP, which seek to achieve flood loss reduction, thus reducing the damages from flooding and the resultant payouts under flood policies.

It makes perfect sense. There is no good reason for the federal government to insure properties against flood losses without making some attempt to minimize those losses through sensible land-use measures. Private casualty insurers certainly make attempts within their means to reduce losses from other types of accidents and disasters. Why not the federal government?

There is nothing inherently wrong with expanding opportunities for private flood insurance coverage. But there are serious issues with HR 2901, and the Association of State Floodplain Managers (ASFPM), an organization with which I work closely as manager of the Hazards Planning Center at the American Planning Association (APA), has mounted an alert among its members to urge U.S. Senators to take time to examine the bill closely before taking any action this fall. It has also addressed the issue earlier in testimony before the Senate Committee on Small Business and Entrepreneurship. The Senate is in recess until September 6. ASFPM would ideally prefer that Congress defer action until next year, when the NFIP is due for reauthorization in any case, in order to consider the unintended consequences of the House bill in line with the larger objectives of the NFIP. APA is in support of the ASFPM effort in this regard.

The NFIP has evolved for nearly half a century with numerous revisions and reforms over time. Like any such program, it has needed to evolve in response to new lessons and changing circumstances. Some of the most significant lessons of the past came from the 1993 Midwest floods, which spawned reforms a year later. Among numerous changes that year was modification of policies to include Increased Cost of Compliance, which allows policies to pay for building improvements in response to higher local building standards, for example, by requiring elevation of buildings above the Base Flood Elevation, which is basically the height of the 100-year, or one percent chance annual flood, as mapped on the NFIP’s Flood Insurance Rate Maps. It is in the public interest to facilitate the capacity of communities to upgrade such codes over time as new lessons are learned, and to make it financially feasible for policy owners to comply with those new standards when rebuilding after a flood.

To be sure, these maps have never been perfect indicators of flood risk, though they are getting better with current digitization initiatives. Still, only about 1.2 million miles of shoreline and riverfront have been mapped, while more than 2/3 of the miles of the nation’s waterways are not. Most of the latter are small creeks and streams outside developed areas, which clearly have always been the priority. But it also means that development can occur in less developed areas without requirements to meet standards that only apply to mapped floodplains—unless a local jurisdiction is proactive enough to require developers to map such areas before new subdivisions or other development can be considered. Mostly, that is not the case.

So what is at issue with HR 2901? For one thing, NFIP policies include a policy fee that helps underwrite the cost of all this mapping, including updates and corrections over time. It is an ongoing process in part because floodplains are not static geographic entities. They expand or contract with the impact of our development practices, which affect the amount of impervious surface in urbanized areas, which affect how stormwater and other runoff is absorbed into the ground or directed downstream. Further, according the Federal Emergency Management Agency (FEMA), about 40 percent of flood-related losses occur outside mapped floodplains. Why? Because not all floodplains are adequately mapped or as yet mapped at all, and because flooding can occur outside and beyond the 100-year floodplain, and often does.  We have Certified Floodplain Managers these days because this is, in fact, a complex and technical subject.

The problem with not including policy fees in the private policies is that the burden of financing this public good of mapping floodplains and maintaining a mountain of data about flood hazards falls to those NFIP policyholders who are paying for it, or to the American taxpayer when Congress allocates money directly for the purpose. The fee also supports flood hazard reduction efforts under FEMA’s Flood Mitigation Assistance program. That creates an inequity in favor of private flood insurance. But that is not all. Although federal financial regulators have had authority to establish policies concerning what provisions in a private policy would make them acceptable as an alternative to an NFIP policy, they have not acted. FEMA legal advisors, for whatever reason, decided in 2013 they did not have the authority to issue guidance. So the House bill assigned this responsibility to state insurance commissioners while prescribing that lenders and federal bank regulators “shall accept” the standards laid out by the states. It would be small surprise to anyone knowledgeable in this field to discover that state regulation in most cases is likely to be minimal and limited. The only required equivalency in the House bill will deal with the coverage amount, which may result in much smaller private premiums with high deductibles that may be superficially attractive—until homeowners with large deductibles find they lack the resources to rebuild and just walk away, quite possibly leaving communities and the federal government holding the bag for addressing the problems of neighborhoods with spotty redevelopment and blighted properties.

All of this, at the very least, deserves some serious debate before the Senate accepts the House version, but proponents have been seeking to fast-track the Senate bill (S 1679) under a process known as Unanimous Consent. However, if enough Senators hear enough complaints, fast-track may become a less attractive option. And, as noted earlier, there are good reasons to delay this discussion and take it up as part of the NFIP reauthorization next year, so that both Senators and the public can begin to understand the full implications of what has been proposed.

In no way would this be a death knell for private flood insurance. One problem the bill deals with in two useful paragraphs is to allow the private policies to be considered “portable” for the purpose of maintaining an unbroken record of coverage for a property if the owner switches between public and private insurance. That has not been the case but is not hard to fix. ASFPM notes that there has been a doubling in the last couple of years of companies offering private insurance. In other words, the expansion of private flood insurance is already happening. There is no reason to create a whole class of private policies that are not truly equivalent to those of the NFIP and, in the process, undermine the public goods produced by the NFIP and quite likely, increase the number of property owners seeking disaster assistance after discovering they are inadequately covered.

Flood insurance policy has already entered a volatile period that began with the Biggert-Waters Flood Insurance Reform Act of 2012, passed just a few months before Hurricane Sandy. While trying to place older, subsidized policies on a path to actuarially justifiable rates, it triggered a political backlash when rates began to soar after the impact of Hurricane Sandy. By 2014, Congress somewhat reversed course but has left unresolved a number of issues concerning how previously subsidized policyholders could afford their now escalating premiums as Congress sought to reconcile affordability with a desire to place the NFIP on a fiscally sound footing. It is a thorny issue at best, and we surely have not heard the end of it.  The simple fact is that large numbers of older, poorly protected properties in or near floodplains are likely to continue to generate flood losses into the future.

We already have a flood insurance program that is $23 billion in debt to the U.S. Treasury because of Hurricanes Katrina and Sandy, which overrode assumptions that the NFIP would largely insure garden-variety disasters. Next year’s reauthorization could sensibly forgive this debt in order to begin to place the NFIP back on a fiscally sound footing, but not with the approaches in HR 2901. We need to strengthen, not weaken, a system that at least drives toward stronger floodplain management and flood mitigation. We need to get this train moving again in the right direction. Congress needs generally to be more productive than it has been in recent years, but it also needs to put more thought into this particular issue and act in less haste. The alternative is to continue to generate a long train of unintended consequences and later ask what happened and why.

Jim Schwab