About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline



1 [1] (July 6, 2015)

handle is hein.crs/govccvx0001 and id is 1 raw text is: 





FF.ri E.$~                                &


         p\w -- , gnom go
mppm qq\
               , q
               I
aS
11LIANJILiN,

   Updated July 6, 2015


Coastal Flood Resilience: Policy, Roles, and Funds


Congress and other policymakers are faced with how to
cost-effectively reduce coastal flood risk. Issues include
how to coordinate action and assign responsibilities for
preparedness, mitigation, response, and recovery; who
bears the cost of impacts and long-term adjustments; and
how to finance actions to improve coastal flood resilience.

States largely determine whether the approach to coastal
flooding is to protect (e.g., constructed dunes, gates),
accommodate (e.g., elevate structures and infrastructure), or
avoid and retreat (e.g., rolling easements that allow the
shore to migrate inland). A state's approach can have
implications for disaster resilience (including for public
infrastructure), demand for federal assistance, and patterns
and rates of recovery. Federal programs and policies can
provide incentives or disincentives for nonfederal
investment in coastal planning and risk reduction. The past
decade has been marked by increased federal emergency
funding for areas hit by coastal storms and increasing
federal aid as a share of hurricane damages: 6% in 1955,
50% in 2005, 69% in 2008, and more than 75% in 2012
(see National Research Council, Reducing Coastal Risk,
2014). To what extent various federal programs and funds
promote resilience (i.e., ability to recover from disruptions
and adapt to changing conditions) is the subject of debate.



U.S. coastal development historically was dominated by
urban areas with ports and defense installations, such as
Miami and Tampa St. Petersburg, Florida; New York
City/Newark, New York and New Jersey; New Orleans,
Louisiana; and Virginia Beach, Virginia. More recently,
smaller settlements have transformed into higher-density
resorts and urban complexes. The resulting trend is for
coastal flooding to threaten greater proportions of the
nation's population, infrastructure, and investments. The
flood hazard is shaped by a locale's meteorologic,
hydrologic, and geologic conditions and by broader trends
in sea levels and conditions. Flooding occurs with not only
storms but also regular high tides that produce nuisance
flooding. In 2014, the National Oceanic and Atmospheric
Administration (NOAA) identified nonlinear increases in
coastal nuisance flooding.

Flood vulnerability and consequences are shaped by land
use and building code practices, and investments in
nonstructural protection (e.g., natural dunes, wetlands) and
structural measures (e.g., barriers/gates, engineered dunes).
Considerable variation exists across states and among local
jurisdictions in the adoption, use, and enforcement of these
measures. Variation also exists in the effort to maintain
functional and intact wetlands and coastal forests as
defenses from erosion and flooding. A U.S. Environmental
Protection Agency (EPA) report estimated the potential
future economic impacts of storm surge and sea-level rise


on U.S. coasts cumulatively during this century at $5
trillion (2014 dollars, discounted at 3%), if no adaptation
measures are implemented; these impacts drop to $0.8
trillion if investments are made in cost-effective adaptations
and protections (see EPA, Climate Change in the United
States: Benefits of Global Action, 2015). Awareness of
flood risk and its long-term fiscal impact historically has
proven insufficient to motivate pre-disaster land use
changes and investments in mitigation and protection.



Most coastal flood-related federal spending since 2005 has
consisted of emergency funds concentrated on storm-
damaged areas, rather than competitively distributed.
Support through the annual federal appropriations process
typically has been for planning and technical assistance,
with some cost-shared investment in mitigation and
protection. For most years, annual spending for these
activities has totaled less than $200 million nationally for
agencies with related missions: NOAA, Federal Emergency
Management Agency (FEMA), and U.S. Army Corps of
Engineers (Corps), as described below. State and local
spending data on coastal flood activities is not available.

NakoxnaI 0,k n: a d A:'mnosp 3c che  ns'rko

NOAA conducts a broad variety of activities that support
coastal resilience including scientific research, data
collection and monitoring, and coastal and ocean
management. The Office for Coastal Management and its
Coastal Zone Management, Coral Reef Conservation,
Digital Coast, and National Estuarine Research Reserve
programs are the core of NOAA's coastal resilience efforts.
The Coastal Zone Management Act (CZMA) provides
planning and technical services to assist states in protecting,
restoring, and developing coastal communities and
resources. Under CZMA's voluntary program, states and
territories develop coastal management plans. Once these
plans are federally approved, states become eligible for
grants, and federal actions in the coastal zone are required
to be consistent with state plans. Management of
development in high-hazard areas is a key element of most
state plans. CZMA grants are used to support state efforts to
reduce damages caused by coastal hazards ($17 million in
FY2014). In 2015, NOAA established the Regional Coastal
Resilience Grants program to build community, ecosystem,
and economic resilience, and it uses Digital Coast and its
partnerships to provide state and local coastal managers
with data, mapping services, training, and case studies.



FEMA's most prominent roles in coastal resilience are
through the Hazard Mitigation Grant Program (which is
funded based on a formula derived from individual declared