Land Use Planning in a Climate Change Context
Keith H. Hirokawa
Albany Law School
Jonathan D. Rosenbloom
Drake University Law School
October 30, 2012
RESEARCH HANDBOOK ON CLIMATE ADAPTATION LAW, Jonathan Verschuuren, ed., 2013, Forthcoming
Drake University Law School Research Paper No. 12-33
Albany Law School Research Paper No. 21 for 2012-2013
Although local governance is an experiment in adaptation (and often lauded for being so), climate change is distinct from traditional challenges to local governance. Nonetheless, many local governments are directing agencies to utilize existing and traditional local government tools to adapt to climate change. Local governments, for example, are adopting regulatory rules that require consideration of potential climate impacts in public-sector decisions with the goal of improving local adaptive capacity. Throughout these efforts, it is becoming clear that one of the most effective adaptation tools used by local governments is the power to plan communities. Through land use planning, local governments can increase resiliency to major climate shifts and ensure that our communities are equipped with built-in mechanisms to face and mitigate such changes. This essay identifies some of the most innovative planning tools available to local governments that illustrate the potential to plan for community resiliency. The essay begins by identifying some of the severe impacts local governments will experience from climate change. This part recognizes that not all local governments will experience climate change impacts the same, and that climate change adaptation is contextual. Part II provides an overview and inventory of traditional local governance tools, paying particular attention to zoning and nuisance laws. Part III looks more closely at specific structural tools that form the basic foundation for a wide variety of land use planning adaptation approaches and goals. The final part expands on the structural tools and explores specific mechanisms that can help local governments achieve adaptation goals and avoid catastrophic unpreparedness through proper land use planning in the climate change arena.
Number of Pages in PDF File: 33
Keywords: climate change, local government, land useAccepted Paper Series
Date posted: October 31, 2012 ; Last revised: December 10, 2012
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