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SCP Overview

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by Chris Olcott on 25 November 2013

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Transcript of SCP Overview

The Secure Commonwealth Panel

Recurrent Flooding Sub-Panel
Coastal Land Management
Floodplain Management
Infrastructure Development and Management
Emergency Management
Floodplain Management
Involves controlling the activities in active floodplains
Can help limit losses of property and life
Can also possible environmental harms caused by flooding
Agency Involvement
Department of Conservation and Recreation

Department of Housing and Community Development

Planning District Commissions

Virginia Department of Health

Virginia Waste Management Board
Department of Conservation and Recreation
Administers Virginia's Floodplain Management Program
DCR maintains a coordinating role within the program
Must provide flood data to localities
Create guidelines consistent with NFIP requirements
Administers the Flood Prevention and Protection Fund
Provides up to 50% matching for local projects

Aids in the administration of Open Space Land Act
Department of Housing and Community Development
Carries out the policies of the Board of Housing and Community Development
The Board promulgates the Uniform Statewide Building Code
The USBC applies to new residential and Commercial construction
The USBC cannot supersede local floodplain ordinances adopted as a condition of participation with the NFIP
Planning District Commissions
Regional partnerships that provide a coordination and informational role to localities
Can implement services and act at the request of constituent localities
Some have already studied recurrent flooding but may be able to provide additional support
Virginia Department of Health
Administers the regulations of the Board of Health regarding commercial and residential septic systems
Existing regulations do not permit such systems in areas subject to inundation for more than 24 hours per year
Virginia Waste Management Board
Creates regulations regarding the Siting of landfills
It is not allowed to permit new landfills in floodplains or wetlands
The DEQ administers these regulations
DEQ controls permitting for expanding existing landfills
It can allow expansion of landfills into wetlands if certain conditions are met
Infrastructure
Infrastructure costs are carried by the government and the public at large
These assets are critical for the Commonwealth's economic capacity and growth
This infrastructure should be managed in a way that recognizes and respects the destructive/disruptive power of recurrent flooding
Agency Involvement
Virginia Department of Transportation

Virginia Port Authority
Virginia Department of Transportation
VDOT manages much of Virginia's state roads and associated infrastructure (Bridges, Drainage, etc.)
VDOT engineers its structures to withstand 100-year storms
However, VDOT does not have an explicit policy of designing structures based on future increases in sea level
Its 30-year planning document mentions sea level rise once.
The document simply says that VDOT will monitor the situation and adjust their policy if necessary
Importantly, localities are responsible for a significant portion of the State's roads
Virginia Port Authority
The Authority is enabled to initiate and further plans for the future development of the ports of Virginia
It is allowed to consider sea level rise when making those plans
Virginia Marine Resources Commission (VMRC)
Implements:
Coastal Primary Sand Dune Protection Act ("Dune Act")
Tidal Wetlands Act

Localities create Wetlands Boards to administer and enforce statewide model ordinances, including the permitting process.

VMRC administers and enforces ordinances in localities that do not create Wetlands Boards.
State Agency Involvement:
Virginia Marine Resources Commission (VMRC)

Department of Environmental Quality (DEQ)

Department of Conservation and Recreation (DCR)

Department of Forestry (DoF)

Virginia Department of Health (VDH)
William & Mary Law School Coastal Policy Clinic

Erica Penn and Chris Olcott

Coastal Land Management
These areas include:

Wetlands
Beaches and Sand Dunes
Riparian Buffers

They provide a natural defense against flooding by retaining flood waters and slowing the speed of flood waters.
Background on the Secure Commonwealth Panel
The Secure Commonwealth Panel is tasked with:

Facilitating
cabinet-level
coordination among varies agencies of
state
government related to emergency preparedness and shall facilitate private sector preparedness and communication


Va. Code 2.2-233
Purpose
To assist the Secure Commonwealth Panel "facilitate cabinet-level coordination among the varies agencies of state government", this paper provides a brief overview of the roles that various state agencies play with respect to recurrent flooding.
Comprehensive Recurrent Flooding Strategy

Four Categories of Interest
Coastal Land Management
Floodplain Management
Infrastructure Development and Management
Emergency Management
Agency Involvement
There are Nine State Agencies Involved:

Virginia Marine Resources Commission
Department of Environmental Quality
Department of Conservation and Recreation
Department of Health
Department of Forestry
Virginia Port Authority
Department of Emergency Management
Department of Transportation
Conclusions
The Secure Commonwealth panel should evaluate and consider how to coordinate among each of these nine agencies involved in recurrent flooding response.

The
Secretary of Natural Resources
oversees the three agencies – Virginia Marine Resources Commission (VMRC), Department of Environmental Quality (DEQ), and Department of Conservation and Recreation (DCR) – that implement or oversee the majority of
existing
coastal and shoreline protection practices that could serve as adaptation strategies designed to reduce vulnerability to the consequences of recurrent flooding. Strong implementation and enforcement of these laws and policies could have benefits for flood control and adaptation.

Localities, under their zoning powers and flood control powers, will be on the forefront of adopting many of the adaptation strategies, and should analyze its authority under the
Dillon Rule
when a state law or program includes provisions or requirements that are identical or similar to the locality’s proposed adaptation measures.
Department of Conservation and Recreation (DCR)
Primarily concerned with shoreline erosion

Administers the Shoreline Erosion Advisory Service (SEAS) which provides technical assistance to parties in order to prevent erosion.

DCR is also tasked with evaluating the effectiveness and practicality of current shoreline erosion control programs.
Department of Forestry (DoF)
Implements a riparian forest buffer protection for waterways tax credit for landowners.

Landowners must maintain a buffer that is between 35 and 300 feet from the waterway.

Riparian forest buffers contain trees and other vegetation that slow and absorb flood waters.
Agency Involvement
Virginia Department of Emergency Management

Virginia Department of Transportation
Virginia Department of Transportation (VDOT)
VDOT is responsible for building, maintaining, and operating the
state’s
roads, bridges and tunnels in the event of a flooding disaster.

VDOT prepared and released the Virginia Hurricane Evaluation Guide in 2013.

VDOT can also issue localities permits to close state roads in limited circumstances.






Conclusions
The Secure Commonwealth panel should evaluate and consider how to coordinate among each of these nine agencies involved in recurrent flooding response.

The
Secretary of Natural Resources
oversees the three agencies – Virginia Marine Resources Commission (VMRC), Department of Environmental Quality (DEQ), and Department of Conservation and Recreation (DCR) – that implement or oversee the majority of
existing
coastal and shoreline protection practices that could serve as adaptation strategies designed to reduce vulnerability to the consequences of recurrent flooding. Strong implementation and enforcement of these laws and policies could have benefits for flood control and adaptation.

Localities, under their zoning powers and flood control powers, will be on the forefront of adopting many of the adaptation strategies, and should analyze its authority under the
Dillon Rule
when a state law or program includes provisions or requirements that are identical or similar to the locality’s proposed adaptation measures.
Living Shoreline
Department of Environment Quality (DEQ)
Under the regulatory direction of the State Water Control Board, DEQ implements:
The Chesapeake Bay Preservation Act
The Virginia Erosion and Sediment Control Law
The Stormwater Management Act
The Virginia Water Resources and Wetlands Protection Program
The Virginia Coastal Zone Management Program

In July 2013, DEQ became the lead agency for Virginia’s nonpoint source pollution control programs.
Virginia Department of Health (VDH)
Under the direction of the State Board of Health, the VDH is responsible for shoreline sanitation.

The State Board of Health may order the closing of any stream, lake or river in Virginia if the water body presents a threat to public health and safety.

Healthy water bodies promote expansion of natural adaptation measures to recurrent flooding, such as wetlands.
Virginia Department of Emergency Management (VDEM)
VDEM is responsible for preparing and responding to natural disasters.
VDEM prepares a Statewide Emergency Operations Plan and State Hazard Mitigation Plan.
VDEM is authorized to coordinate, administer and provide guidance to disaster mitigation, preparedness, response, and recovery programs at the federal, state, and local government level.
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