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

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.