Adaptive Planning for Sea-Level Rise: Legal Issues for Local Government

http://buildgreen.ufl.edu/flyers/Description_Adaptive_Planning.html

 

January 18, 2012 - Lee County (Ft. Myers) or

January 19, 2012 - Pinellas County (Largo)

9:00 am - 4:30 pm

 

Class Summary:

The Florida Sea Grant College Program, with the assistance of the National Oceanic and Atmospheric Administration’s Coastal Services Center, Lee County Extension and Pinellas County Extension, is hosting the full-day workshop “Adaptive Planning for Sea-Level Rise—Legal Issues for Local Government”.

 

This one-day workshop focuses on law and planning related to adaptation to sea-level rise. The workshop begins with a brief overview of the science of sea-level rise and then discusses ideas for local adaptations as background for examining legal and planning issues associated with adaptation options.

 

Presenters will discuss:

   aspects of takings jurisprudence under the U.S. Constitution,

   the importance of presenting information to purchasers of coastal property,

   the impact of and approaches to address claims under the Bert J. Harris Jr. Private Property Rights Protection Act, and

   three crucial on-going legal cases that may dramatically impact adaptation options.

 

Continuing Education Credits:

 

7 CLE credits #37142

5.0 AICP - CM credits (1.5 meeting law requirement)

FBPE exp4028 - 6 PDHs

 

Class Dates and Locations:

 

January 18:

 

Lee County Extension Office

3406 Palm Beach Blvd.

Ft. Myers, FL 33916-3736

Map and Directions

 

January 19:

 

Pinellas County Extension Office

12520 Ulmerton Rd.

Largo, FL 33774

Map and Directions

 

Class Details:

 

OBJECTIVES

 

   Provide a brief overview of the science supporting past, current, and future predictions of sea level rise (SLR)

   Describe adaptation strategies being considered and/or pursued by communities

   Share local-level concerns about SLR impacts and SLR-related planning challenges

   Present importance of and ways to develop local notice ordinances

   Convey the potential pitfalls of utilizing negotiated exactions as an adaptive planning tool in Florida

   Describe rolling easements, including the example of the Severance case in Texas

   Share legal analysis relevant to elevation of land area and elevation of structures

   Discuss the impact of the Bert Harris Act on the ability of local governments to engage in adaptive planning

   Share information on the 2011 amendments, and present defenses and strategies relevant to Bert Harris

   Discuss recent changes to planning law and how they impact coastal planning

   Review the case of Jordan et al. in St. Johns County

   Discuss the implications of this case for financial liability and health of local governments in Florida

   Share some planning resources available to communities working to address SLR

 

9:00 – 9:35am

Welcome and Introductions

9:35 – 10:10am

Overview of the Science of Sea-Level Rise and Adaptations to Sea-Level Rise, Gary Mitchum, University of South Florida

10:10 – 10:25am

Activity: Ideas for Addressing SLR Impacts in Your Community

10:25 – 10:40am

Break

10:40 – 11:00am

Report Out & Discussion of Ideas for Addressing SLR Impacts

11:00 – 11:30am

Takings as an Impediment to Adaptive Planning—Part I: Reasonable Investment-Backed Expectations, Thomas Ruppert, Florida Sea Grant

11:30noon

Takings as an Impediment to Adaptive Planning—Part II: Exactions, Thomas Ruppert, Florida Sea Grant discussing the Koontz case

Noon12:45pm

Lunch

12:45 – 1:15pm

Rolling Easements and the Severance Case, Rich McLaughlin, Texas A&M’s Harte Research Institute

1:15 – 1:30pm

Rising Above Sea-Level Rise: The Promise and Problems of Elevation, Thomas Ruppert, Florida Sea Grant

1:30 – 2:00pm

The Bert J. Harris, Jr., Private Property Rights Protection Act, Thomas Ruppert, Florida Sea Grant

2:00 – 2:30pm

Recent Changes to Planning Law, Julie Dennis, Florida Department of Economic Opportunity

2:30 – 2:45pm

Break

2:45 – 3:15pm

Building in the Sand: The Jordan et al. Case as the Bellwether, Patrick McCormack, St. Johns County Attorney

3:15 – 3:45pm

Group Discussion: Implications of the Jordan et al. Case for Financial Liability and Health of Local Governments

3:45 – 4:00pm

Examples of adaptation actions, Thomas Ruppert

4:00 – 4:15pm

Course Evaluation and Conclusion

 

Instructors:

   Dr. Gary Mitchum, Professor of Physical Geography at the University of South Florida Bio

   Attorney Dr. Richard McLaughlin, Endowed Chair for Marine Law and Policy, Harte Research Institute at Texas A&M University Bio

   Patrick McCormack, County Attorney, St. Johns County, Florida Bio

   Attorney Thomas Ruppert, Coastal Planning Specialist, Florida Sea Grant College Program Bio

   Julie Dennis, Planning Analyst, Division of Community Development, Florida Dept. of Econ. Opportunity Bio

 

Registration Fee:

 

Registration fee is $75

 

Lunch is included.

 

To Register:

Registration is via the UF Program for Resource Efficient Communities registration site. Visit https://www.eventsvc.com/UF-PREC/login, create a login profile if you haven't already (which will allow you to register for future classes without re-entering your contact information), and choose your preferred workshop date.

 

For Questions About This Class, Contact:

Thomas Ruppert, Coastal Planning Specialist

Florida Sea Grant College Program

Phone: (352) 392-5870  

Email: truppert@ufl.edu

www.flseagrant.org  

 

For Registration Questions, Contact:

Program for Resource Efficient Communities

University of Florida

Phone: (352) 392-5684  

FAX: (352) 392-9033

Email: buildgreen@ifas.ufl.edu

Mailing Address: P.O. Box 110940, Gainesville, FL 32611-0940

http://buildgreen.ufl.edu/cecampus.htm

 

 

Please note that any class may be cancelled if fewer than 10 attendees register. Only the specific continuing education credits listed in a class description are valid for that class.

 

PREC Provider Numbers:  CILB 0001129 | BOLA 0001129 | BOARID 0008074 | FBPE EXP 0004028 | CAM 0000831

 

CLE Provider: Program for Resource Efficient Communities, University of Florida

 

AICP Provider:  Center for Building Better Communities, University of Florida, Gainesville, FL

 

In compliance with ADA requirements, participants with special needs can be reasonably accommodated by contacting the Program for Resource Efficient Communities at least five working days prior to the event (Telephone: 352-392-5684 352-392-5684; Email: buildgreen@ifas.ufl.edu).

 

The Institute of Food and Agricultural Sciences (IFAS) is an Equal Opportunity Institution authorized to provide research, educational information, and other services only to individuals and institutions that function without discrimination with respect to race, creed, color, religion, age, disability, sex, sexual orientation, marital status, national origin, political opinions or affiliations, genetic information and veteran status as protected under the Vietnam Era Veterans' Readjustment Assistance Act. U.S. Department of Agriculture, Cooperative Extension Service, University of Florida, IFAS, Florida A&M; University Cooperative Extension Program, and Boards of County Commissioners Cooperating.