VCPC Reports & Collaborative Documents

VCPC Reports and Collaborative Documents
Sea Level Rise and Recurrent Flooding These papers discuss current and future ideas for adapting to sea-level rise and recurrent flooding in Virginia, detailing legal frameworks and paths to a more resilient coastline, as well as the economic costs associated with a lack of planning: Striving for Resilience in Virginia’s Transportation Sector Flooding their Mailbox: Recommendations for Notifying Residents of Changes to FEMA Flood Maps Closing Roads Due to Increased Flooding: Potential Liability Issues in Virginia Reflections on Rural Resilience: As the Climate Changes, Will Rural Areas Become the Urban Backyard? Planning for Managed Retreat: Moving in a New Direction Cost of Doing Nothing: Economic Consequences of Not Adapting to Sea Level Rise in the Hampton Roads Region Balancing Act: Water Quality Protection and Flood Resilience Managed Retreat and the Life Estate: A Practical Path Forward for Coastal Communities Planning for the "New Normal": Using Build One Portsmouth to Address Flood Resilience The Creation of a Virginia Coastal Resilience Development Authority: An Inventory of State Coastal Resilience Authorities and Funding Mechanisms to Help Guide Virginia Sea Level Rise and Recurrent Flooding: A Toolbox for Local Governments in Virginia Recurrent Flooding, Sea Level Rise, and the Relocation of At-Risk Communities: Case Studies from the Commonwealth of Virginia Adaptive Planning for Flooding and Coastal Change in Virginia: State and Local Areas of Action Using Zoning Tools to Adapt to Sea Level Rise Let the Buyer Beware: A Comparison of Flood-Related Real Estate Disclosure Laws of Virginia and Other States These papers discuss how localities can best work within the National Flood Insurance Program and the Community Rating System to lower flood insurance rates within their communities: Green Infrastructure in the Community Rating System: A Proposed Path to National Flood Insurance Program Recognition Go Green, Save Money: Lowering Flood Insurance Rates in Virginia with Stormwater Management and Open Space Sea Level Rise, Stormwater Management, and the National Flood Insurance Program: How Norfolk’s Best Management Practices Can Lower Flood Insurance Rates
Funding Resilience Building Towards a Resilient Virginia:Using C-PACE Financing to Improve the Resiliency of Commercial Buildings Tools for a Resilient Virginia Coast: Designing a Successful TDR Program for Virginia’s Middle Peninsula Money for Nothing: A Case Study on Leveraging Donated Property to Satisfy Federal Grant Match Requirements Money for Nothing Appendices Carbon Market Opportunities in Virginia: Eelgrass, Marshes, Soils, and Forests Eelgrass in Virginia: Assessing Opportunities and Obstacles for Blue Carbon Credits
Shoreline Management and Riparian Rights These papers focus on the statutory and regulatory frameworks associated with shoreline management and riparian property rights: Creating Land with Artificial Oyster Rings: Legal Challenges from State Owned Bottom Land to Living Shorelines In-Lieu Fee Program Case Studies: Lessons Learned for Potentially Expanding In-Lieu Fee Habitat Coverage in Virginia Protecting Terrapins with TEDs in Virginia: Lessons from Other States Increasing Living Shoreline Implementation in Virginia: Legal and Policy Recommendations The Chesapeake Bay Preservation Act: Proposed Modifications to Improve Resilience to Sea Level Rise Riparian Rights and Public Trust: Enforcement Authority Waterfront Property Rights: The Potential Impact of Government Projects Tidal Wetlands Protection in Virginia: Time for an Update Dredged Material Ownership: Rights and Reuse Beneficial Use of Dredged Material: Role of State Permitting Programs and Regulations
Water Quality, Water Quantity, and Marine Debris These papers discuss the impacts of sea level rise and recurrent flooding on water quality and quantity, and analyze the ability of current laws, regulations, and policies to protect water quality and water supply: Recommendations to Increase the Resilience of Wastewater Treatment in Coastal Virginia Abandoned and Derelict Vessels in the Commonwealth: How to Improve Virginia’s ADV Program Trash Talk: An Exploration of the Problem of Marine Debris and Some Virginia-Specific Solutions Protecting Water Quality in Virginia: Recommendations to Combat Sea Level Rise and Increased Storm Events An Emerging Contaminant of (Legal) Concern: PFAS Legal Issues at the State and Federal Level Water Supply Management in Virginia: Lessons from the West Coast Phase II MS4 Permit Requirements: A Survey of Public Education and Outreach & Public Involvement and Participation Efforts Water Supply Planning in Virginia: The Future of Groundwater and Surface Water Onsite Sewage Systems: Background, Framework, and Solutions Groundwater Injection Projects: Mitigating the Risk of Emerging Contaminants Hampton Roads Sanitation District's Sustainable Water Initiative for Tomorrow Proposal Climate Change and the Chesapeake Bay Total Maximum Daily Load: Policy Priorities and Options The 2016 Stormwater Bill: An Analysis of Perceived and Real Problems with Proposed Solutions The Use, Impact, and Ban of Coal Tar-Based Sealants Strengthening the VPA General Permit: Managing Animal Feeding Operations in Virginia to Meet State Law and the Bay TMDL When the Chesapeake Bay Preservation Act Fails: A Suffolk Case Study Collaborative Report: Report to the Governor and the Chairmen of the House Committee on Agriculture, Chesapeake and Natural Resources and the Senate Committee on Agriculture, Conservation and Natural Resources, Pursuant to House Bill 1774 (2017)
Social Vulnerability and Environmental Justice These papers discuss the concept of social vulnerability to recurrent flooding from extreme weather events and sea-level rise: Federal Funding Programs: Benefit-Cost Analyses and Low to Moderate Income Communities Mapping Coastal Risks and Social Vulnerability: Current Tools and Legal Risks Mapping Coastal Risks and Social Vulnerability: Principles and Considerations Tidal Turmoil: Environmental Justice and Sea Level Rise in Hampton Roads: Norfolk Case Study Collaborative Report: Vacant Housing Study: An Examination of Vacant and At-Risk Housing in the Middle Peninsula
State and Local Governments: Authority and Liability These papers analyze the authority for and potential liability of state and local government to take action to address the impacts of sea level rise and recurrent flooding: State and Local Liability for Failure to Adapt to and Protect Against Recurrent Flooding: Applying Farmers Insurance's Legal Framework to Virginia Circumstances The Virginia Supreme Court’s 2012 Livingston Case: Localities and the Risk of “Takings” Claims for Failure to Properly Maintain Flood Control Structures Overview of a City’s Tort Liability Duties to Maintain and Protect Local Government Services from Sea Level Rise: Poquoson Case Study Norfolk’s Flooding Adaptation Measures: Taking Lawful Precautions or ‘Takings’ Lawsuits? “Takings” Liability for Vacating Roads in Flood-Prone Areas: Poquoson Case Study The Dillon Rule & Norfolk Sea Level Rise: An Analysis of the Limited Impact of the Dillon Rule on Planning for Sea Level Rise in Norfolk The Dillon Rule and Sea Level Rise: An Analysis of the Impact of the Dillon Rule on Potential Adaptation Measures the City of Poquoson May Implement Collaborative Report: Hampton Roads Intergovernmental Pilot Project: Memo and Legal Primer
Renewable Energy Developing Solar Energy in Rural Virginia: An Analysis of Legal, Environmental, and Policy Issues Siting Wind Energy Projects in Virginia: Recommendations for Addressing National Security Concerns through State Permitting Processes
Resilient Coastal Economies and Aquaculture Shellfish Production in Virginia: Public Grounds Shellfish Production in Virginia: Private Leasing Grounds Law on the Half Shell: Applying a Right-to-Farm Framework to Virginia’s Aquaculture Industry Tourism Business Resilience for Coastal Virginia Assessment Report (2017) Working Waterfronts: On History, Conflicts, and Finding a Balance - Case Studies of the Lynnhaven River, the Ware River, and the Eastern Shore of Virginia Collaborative Report: The Virginia Coastal Policy Center at William & Mary Law School, National Sea Grant Law Center, Rhode Island Sea Grant Legal Program (Roger Williams University School of Law), Carl Vinson Institute of Government (University of Georgia), and California Sea Grant Program collaborated on a project to examine impediments to shellfish aquaculture across the United States. This project resulted in Case Studies and an associated Story Map.
Offshore Uses and Ocean Planning These papers examine opportunities, legal questions, and policy pathways for expanding use of ocean resources: Toward a Virginia Ocean Plan: Lessons and Recommendations from Other States Ocean of Uncertainty: Regulatory Barriers to Multiple Uses in Federal Waters
Virginia Tribes These papers examine opportunities, legal questions, and policy pathways for growing relationships between local and state governments and Virginia Tribes: A Study of Tribal Communication Frameworks: Some Approaches to Building Partnerships Between Tribal, State, and Local Governments in Virginia Tribal Resilience and Community Plans: A Primer for Tribal Communities Looking to Create Their Own Tribal Communities and State and Local Governments: Existing Relationships

Tools:

The Quick Guide to Resilience, a tool developed by VCPC to create an easy reference for localities regarding resilience issues.
The PREP Tool, a three-step process to support local governments in establishing a set of resilience priorities informed by level of risk, resilience efforts to date, and best practices in resilience planning. The tool provides a starting point for local governments who have not yet evaluated their vulnerabilities, assessed impacts, identified resilience-building actions, or developed resilience plans to guide future resilience efforts.

Collaborations:

See generally the Commonwealth Center for Recurrent Flooding Resiliency, a collaboration of faculty, staff, and students at Old Dominion University, the Virginia Institute of Marine Science, and the Virginia Coastal Policy Center at William & Mary Law School.
See generally The Resilience Adaptation Feasibility Tool (RAFT), a partnership between The Institute for Engagement & Negotiation at the University of Virginia, the Virginia Coastal Policy Center at William & Mary Law School, and Old Dominion University/Virginia Sea Grant Climate Adaptation and Resilience Program.
VCPC staff, with RAFT partners, published an article in the fall 2022 edition of Shore and Beach entitled The Resilience Adaptation Feasibility Tool (RAFT) as an approach for incorporating equity into coastal resilience planning and project implementation.
VCPC Practicum 1 students provided background research and support for a 2022 report to the General Assembly from the Secretary of Natural and Historic Resources and the Secretary of Agriculture and Forestry entitled Natural Carbon Sequestration in the Commonwealth.
National Sea Grant Law Center (NSGLC) and VCPC collaborated on a law and policy survey of barriers in the shellfish aquaculture industry
VCPC was on a team supporting the new Virginia aquaculture resource website for growers, buyers, and consumers, www.aquaculture-va.com

VCPC Reports and Collaborative Documents

Sea Level Rise and Recurrent Flooding

Funding Resilience

Shoreline Management and Riparian Rights

Water Quality, Water Quantity, and Marine Debris

Social Vulnerability and Environmental Justice

State and Local Governments: Authority and Liability

Renewable Energy

Resilient Coastal Economies and Aquaculture

Offshore Uses and Ocean Planning

Virginia Tribes