SCP Overview

Virginia Department of Emergency Management (VDEM)

Virginia Department of Transportation (VDOT)

• 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.

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.

Emergency Management

Conclusions

Agency Involvement

• Virginia Department of Emergency Management

• Virginia Department of Transportation

• 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.

Agency Involvement

Virginia Department of Transportation

Department of Environment Quality (DEQ)

Department of Conservation and Recreation (DCR)

Comprehensive Recurrent Flooding Strategy

Four Categories of Interest

• Virginia Department of Transportation

• Virginia Port Authority

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

• 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

• Coastal Land Management
• Floodplain Management
• Infrastructure Development and Management
• Emergency Management

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.

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.

Coastal Land Management

Infrastructure Development and Management

Purpose

The Secure Commonwealth Panel

Department of Forestry (DoF)

Virginia Marine Resources Commission (VMRC)

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.

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.

Recurrent Flooding Sub-Panel

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.

Living Shoreline

William & Mary Law School Coastal Policy Clinic

Erica Penn and Chris Olcott

Conclusions

Virginia Department of Health (VDH)

Virginia Port Authority

Infrastructure

Background on the Secure Commonwealth Panel

State Agency Involvement:

• 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)

Department of Environmental Quality (DEQ)

Department of Conservation and Recreation (DCR)

Department of Forestry (DoF)

Virginia Department of Health (VDH)

• 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.

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.

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

• 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

Va. Code 2.2-233

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.

Department of Conservation and Recreation

Department of Housing and Community Development

• 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

• 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

Floodplain Management

Planning District Commissions

Agency Involvement

• 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

• Department of Conservation and Recreation

• Department of Housing and Community Development

• Planning District Commissions

• Virginia Department of Health

• Virginia Waste Management Board

Virginia Department of Health

Floodplain Management

• 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

• Involves controlling the activities in active floodplains
• Can help limit losses of property and life
• Can also possible environmental harms caused by flooding

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