The Predictable Impact of Florence

Flooding in Rosewood in Horry County, SC, September 24, 2018 (All photos by Allison Hardin with exceptions of FEMA photo from Hurricane Floyd and Charlotte image.)

It has been a few weeks of drought on this blog, but just the opposite in North Carolina, where Hurricane Florence dropped up to 30 inches of rain in some locations, and floods migrated downstream via numerous rivers to swamp cities both inland and near the coast. Now, Hurricane Michael threatens to compound the damage as it migrates northeast from its powerful Category 4 assault on the Florida Panhandle, with storm surges up to 14 feet in areas just east of the eye, which made landfall near Panama City.

The blog drought was the result of both a bit of writer’s block, mostly induced by a busy schedule that included two conference trips over the past three weeks, combined with a bit of fatigue and a few significant diversions of my personal time. But that may be okay. My intent was to write about the recent hurricane along the East Coast, and sometimes letting the subject ferment in the mind results in a more thorough and insightful perspective. I hope that is the result here.

Storms never happen in a vacuum. In a world with relatively few uninhabited places, their impact is the result more of patterns of human development and the legacy of past choices in land use and building practices than of the storm itself, which is, after all, simply a natural and very predictable event. Hurricanes were part of the natural cycle on this earth long before humans took over the planet (or thought they did).

Hurricane wind warning at bridge in Socastee, South Carolina

But they appear to be getting worse, and climate change, most of it almost surely attributable to human activity, is an increasingly evident factor. Meteorologist Ken Kunkel, affiliated both with the National Oceanic and Atmospheric Administration and North Carolina State University, stated that Florence produced more rain than any other storm in the last 70 years except for Hurricane Harvey last year. According to Kunkel, five weather stations over an area of 14,000 square miles in the Carolinas recorded an average of 17.5 inches. Harvey’s average was 25.6 inches. By comparison, Chicago averages about 37 inches for an entire year. Such heightened precipitation levels are in line with expected impacts of climate change.

What became obvious to me early on was that Florence would rehash a certain amount of unfortunate North Carolina history regarding feedlot agriculture. I am familiar with that history because 20 years ago I authored a Planning Advisory Service Report (#482) for the American Planning Association, titled Planning and Zoning for Concentrated Animal Feeding Operations. (In that same year, APA also published PAS 483/484, Planning for Post-Disaster Recovery and Reconstruction, for which I was the lead author and project manager.) I want to emphasize that what happened in North Carolina was not unusual. Nationwide, many states have laws dating to the 1950s that exempt all or most agricultural operations from county zoning ordinances. Most of these were intended to create a friendly regulatory environment for family farms, and they were often followed by other “right-to-farm” laws designed to shield farmers using conventional farming methods from nuisance lawsuits. Only later, as the large feedlots known also by the acronym “CAFO” became widespread, did it become clear that such exemptions, by then fiercely defended by industry groups, became giant loopholes for the detrimental environmental impacts of such operations. This story has been repeated in Iowa, Missouri, Utah, and numerous other states.

In North Carolina in 1991, State Senator Wendell Murphy, who owned a direct interest in the growing Murphy Family Farms, engineered passage of a law widening the state’s exemptions to include CAFOs. Within two years, as I noted in the report, North Carolina’s hog population shot up from 2.8 million to 4.6 million. Today, the number is at least 9 million. A public backlash at the impacts of CAFOs resulted in a new law in 1997 that included a moratorium on new waste lagoons, but by then, although the hogs were firmly ensconced in a growing number of feedlots, the figurative horse was out of the barn. Many counties in eastern North Carolina, where the industry was concentrated, were slow or reluctant to use their newly regained powers. In any case, various large operators were effectively already grandfathered into continued existence. Today, consolidation within the industry has left Smithfield Foods in possession of most of the business in North Carolina, yet Smithfield itself was acquired by the Chinese-owned WH Group several years ago.

Grenville, NC, September 24, 1999 — The livestock loss and potential health hazard to Eastern North Carolina is huge. Here volunteers have towed in dead and floating cattle from a nearby ranch at Pactolus, NC (just North of Greenville), trying to remove them as fast as possible to lower the potential health hazards associated.
Photo by Dave Gatley/ FEMA News Photo

Along came Hurricane Floyd in 1999. The low-lying plains of eastern North Carolina, always vulnerable to flooding, were deeply awash, but worse, filled with millions of pigs and poultry and their excrement in manure lagoons. Hurricane Dennis just weeks earlier had dumped 15 inches of rain on the region, and Floyd dumped even more in some areas. The Tar and Neuse Rivers, among others, badly overflowed their banks and inundated numerous farms. More than 110,000 hog carcasses, and more than 1 million chicken and turkey carcasses, floated downriver while waste lagoons were breached, creating a stench-filled public health disaster only partly solved when the U.S. Environmental Protection Agency brought in huge incinerators to burn carcasses, though most animals were buried. It was a fiasco that did not have to happen at the scale on which it occurred.

Fast forward to this year and Hurricane Florence, presuming a surfeit of lessons to be learned from the 1999 disaster as well as later storms. As Emily Moon notes in the Pacific Standard, North Carolina has had opportunities over the past 20 years to introduce serious regulatory change, but various factors foiled those chances, and North Carolina remains the nation’s second-largest hog producer, having pushed aside every state but Iowa. The industry has evolved, but the problem remains. The state has bought out 46 operations since 1999 and shut down their lagoons, but the vast majority remain in operation. The numbers changed in Florence—more than 3 million chickens and 5,500 hogs dead and afloat in the flood waters—but the devastation rooted in CAFO practices continued. Coal ash landfills associated with power stations added to the environmental impacts. And the beat goes on, in a part of the state heavily populated by African-Americans, many too poor and powerless to challenge the system effectively without outside help.

I mention all this aside from the obvious human tragedies of lost lives, ruined homes, and prolonged power outages affecting some 740,000 homes and businesses.

Flooding at Arrowhead Development in Myrtle Beach, SC, September 26, 2018

Still, there are significant lessons available from Hurricane Florence outside the realm of mass production of poultry and hogs, and I want to offer a positive note. One is that, while only about 35 percent of properties at risk of flooding in North Carolina have flood insurance, which is available from the National Flood Insurance Program, neighboring South Carolina ranked second in the nation with 65 percent coverage. While I do not know all the details behind that sizable difference, it seems to me there is surely something to be learned from a comparison of these results and how they were achieved. They come in the context of a “moonshot” by the Federal Emergency Management Agency to double flood insurance coverage nationally by 2022. That will happen when South Carolina becomes the norm rather than the exception. Sometimes we can use these events to push in the right direction. Texas, for instance, has added 145,000 new flood insurance policies in effect since Hurricane Harvey; the question will be whether the new awareness wears off as memory of Harvey fades, or whether the state can solidify those gains. For that matter, can the states in the Southeast—the Carolinas, Georgia, and Florida—leverage the lessons of Florence and Michael to push in the same direction?

Hidden Valley drainage restoration project, Charlotte, NC. Image courtesy of Tim Trautman.

Recently, Bloomberg Business News offered an example within North Carolina of how differently floodplains could be managed by highlighting the case of Charlotte and Mecklenburg County. I worked for several years in a series of training workshops on flood resilience with Tim Trautman, the manager for the engineering and mitigation program for Mecklenburg Storm Water Services, so I am familiar with their intriguing story. The county for many years has used a stormwater utility fee on property owners to fund its own hazard mitigation program, using the money to buy out flood-prone properties and increase open space in its floodplains. The result has been a significant reduction in flood-prone land and buildings. The question is not whether Charlotte is successful, but what state and federal programs and authorities can do to encourage and support such efforts and make them more commonplace.

Every serious disaster offers lessons and opportunities, and I am not attempting here to pick on North Carolina alone. Other states face their own challenges; Iowa, for one, is undergoing a somewhat muted debate about the impact of its own farm practices on downstream flooding and water quality, in part as an outgrowth of the 2008 floods. What is important is that we use these windows of opportunity, the “teachable moments,” as they are sometimes known, to initiate the changes that are surely needed for the long term in creating more resilient, environmentally healthy communities. What we do not need is a natural disaster version of Groundhog Day.

Jim Schwab

Flood Regulations Not a Taking

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In a ruling on August 12—just four days ago—the South Carolina Supreme Court, in Columbia Venture v. Richland County, did the nation a great favor that, I suspect, stands little if any chance, in my opinion, of being overturned by the U.S. Supreme Court even if it is appealed by the developer that filed the case against Richland County. The Association of State Floodplain Managers is happy with the decision, as well they should be, having played a role by filing a significant amicus curiae, or “friend of the court” brief on behalf of the county, which includes the state capital of Columbia.

The essence of the case is that Columbia Venture, a joint venture firm led by Burroughs & Chapin, a developer based in the Myrtle Beach area, sued over Richland County’s application of floodplain regulations based on an expansion of the floodway and regulatory floodplain by the Federal Emergency Management Agency (FEMA) while the firm was acquiring the property from an area farmer about a decade ago. Curiously, Columbia Venture argued that the taking of its property that it alleged began in 2002, at the time FEMA revised its flood maps, as the date the taking occurred, even though it was suing the county for its regulatory actions.

Columbia Venture was clearly hoping to produce a major development in acquiring 4,461 acres of land along the Congaree River for $18 million, although the Columbia Venture was an attempt to muster adequate investment when Burroughs & Chapin had commitments of only $11 million. The farmer selling the property was persuaded to take $6.65 million in shares as part of this process. Columbia Venture was also relying to some extent on public investment in levees under a county resolution that included a number of contingencies that failed to materialize. Those facts helped persuade the court that the company’s investment-backed expectations were unrealistic.

Ultimately, prior to the state high court decision, Columbia Venture sold about two-thirds of its land, mostly to State Rep. Kirkman Finlay, R-Richland, who farms in the area and say he has no plans to develop it. Land that began as farmland apparently will remain in farm use.

Among other points, Columbia Venture alleged that the county’s regulations prohibiting development in the floodway as newly defined by FEMA constituted a flood easement across its property without compensation. Both the trial court referee and the state high court disagreed, noting that any financial losses experienced by Columbia Venture were outweighed by “the important public purposes of mitigating the social and economic costs of flooding” served by the county’s ordinances, which also “further the important federal purposes” of reducing flood losses. Moreover, all county taxpayers and residents benefited “by reducing the County’s potential liability incurred in emergency response, rescue, evacuation, and other actions taken during a flood.”

Indeed. One might think that, in light of all the experience with flood damage of recent decades, this point would not even need to be argued anymore, but apparently some developers are still wont to try. Most, unlike Columbia Venture, are more inclined to recognize a bad or speculative investment in flood-prone land when they see one.

Frankly, the case also recognizes good planning. Rather than elaborate further, I encourage readers to explore the decision and resulting news coverage for themselves. But I will note that a footnote early in the decision quotes the testimony of former Richland County Planning Director Michael Criss with regard to the public safety benefits of the county’s regulations:

The federal flood maps do not account for the continued urbanization and development of the corresponding watersheds and the resulting increase in stormwater runoff and potential flooding . . . . The federal flood maps are not retrospective. They rely on historical flood records and don’t project th potential of increased flooding in the future from urbanization or from the possibility of more intense storms due to climate change.

This is a victory for good floodplain management, sensible planning in the interest of public safety, and for common sense. Supporters of effective hazard mitigation have reason to celebrate.

Jim Schwab

Postscript: The day after I first posted the above article, APA posted on its Recovery News blog my video interview with Chad Berginnis, the executive director of ASFPM, about the new Federal Flood Risk Management Standard. View it here.

Stars Stars Again

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Nearly two years ago, in what was only my third blog post on this site, I reviewed what I thought was a class-act restaurant in Charleston, South Carolina. I have been to this fascinating historic city several times in recent years, mostly due to involvement in the Digital Coast Partnership, a creation of the National Oceanic and Atmospheric Administration’s Coastal Services Center, which has now been absorbed into NOAA’s Office for Coastal Management after merger with another section of NOAA. In that time, the Digital Coast Partnership has grown from six national organizations, including the American Planning Association, which I represent, to eight. Just last year, the Urban Land Institute and the National Estuarine Research Reserve Association joined. I later discussed the value of this unique enterprise in an article I posted here on September 1, 2014, “Digital Coast: A Model for Progress.”

Much of the Digital Coast Partnership was represented at the 2015 Coastal GeoTools Conference, held in North Charleston March 30-April 2. In addition to being a devoted, professional crew dedicated to making geospatial technology more widely available and valuable for potential users, this is a fun group that socializes well, which leads to the real point of this article. About 20 of us, including the NOAA staffers, visited Stars, the restaurant I reviewed two years ago. Wondering whether I may have overestimated the place after seeing some customer reviews online, I was prepared for possible disappointment. Sometimes restaurant service declines over time, or the kitchen becomes less imaginative. Excellence does not always last forever.

I am happy to report, however, that excellence is still alive and thriving at Stars. Both my good friend and colleague Chad Berginnis, executive director of the Association of State Floodplain Managers (ASFPM), and I ordered the pork chop off the evening’s special menu, accompanied by roasted cauliflower and corn in an unbelievably tasty sauce. There appeared to be numerous other options, many involving seafood, that satisfied other palates at the table. I was soon engrossed in one of the best meals I had had in months, when Chad, having polished off his, turned to me in an almost ecstatic mood and asked:

“Was that the best pork chop you have ever had in your life?”

Chad Berginnis and I discuss what we both agreed was a superb meal.

Chad Berginnis and I discuss what we both agreed was a superb meal.

I quickly agreed. I had to. I spent six and a half years of my life in Iowa, a place that knows pork chops with a passion, and have been back many times over the subsequent 30 years, and I still could not recall a pork chop even there that could pass the high bar set by the chefs at Stars. But the story does not stop with the food, or even the wine, for which Stars had outstanding suggestions.

It continued with the service, personified by our own server, Austin Doyle, who was not only engaging and enthusiastic about his mission, but visibly anxious to ensure he was doing as much for us as he possibly could. I am almost embarrassed it has taken me another month to produce the review I promised him, but I am sure he will feel his patience has paid off. I learned that he was leading an operation to train other restaurant servers (#serverchopped), an indication that he indeed takes his calling seriously.

Austin Doyle (to my left) takes a moment to pose with his customers at Stars.

Austin Doyle (to my left) takes a moment to pose with his customers at Stars.

It is always a pleasure to find such a restaurant in a city that itself is so charming. You can see much of it from the rooftop bar at Stars, if you need to bide time before your table is ready, or just want to enjoy the weather on a pleasant night. I understand that, before the sun goes down, the rooftop can become rather toasty on a warm summer night, perhaps even a bit much to handle, but it’s worth a visit to check out the skyline, even though Charleston is, for the most part, a relatively low-rise city with many buildings in its commercial core dating back to colonial or at least antebellum days. Few serve the same purpose, as many have been converted to storefronts or other restaurants, but the street grid and many of the facades survive, even as the city has added other attractions such as the South Carolina Aquarium and several quirky and idiosyncratic museums. At the same time, a number of historic churches survive and still serve their own intended functions.

Digital Coast advocate Allison Hardin, a planner for Myrtle Beach, S.C., enjoys a laugh amid the views on the Stars rooftop.

Digital Coast advocate Allison Hardin, a planner for Myrtle Beach, S.C., enjoys a laugh amid the views on the Stars rooftop.

It is a city fascinating enough that I persuaded my wife that we should spend our upcoming 30th anniversary there. For her, the visit will be her first, but she was sold when I showed her online what Charleston has to offer. I will be interested in her reaction when she actually gets to walk the streets of the historic quarter and judge for herself. I already understand why Travel Advisor recently rated Charleston the nation’s third most attractive city for tourists, right behind New York and Chicago, quite an achievement.

 

Jim Schwab