Urban Flooding: Legal Tools to Address a Growing Crisis

Abstract

Increased precipitation caused largely by climate change is increasing the frequency and severity of extreme flooding events, leading to loss of life and to major damage to property and infrastructure. This article discusses the various physical methods that are used to cope with flooding, especially in cities -- grey infrastructure, infiltration, storage, defense, accommodation, and retreat. For each, the legal implications and the roles of the different levels of government (federal, state, municipal) are discussed. There is no comprehensive legal system in the U.S. to deal with urban flooding, but the stormwater controls in the Clean Water Act are the most relevant. This article also discusses financing methods that could be used to pay for the needed work.

Keywords: Flooding, Climate adaptation, Disasters, Stormwater, Clean Water Act, Infrastructure, Green space