University of Hawaii
Department of Urban & Regional Planning
Disaster Management Program
A Whole Community Approach for Truly
Comprehensive Planning :
Using the Principles of Emergency Management to
Plan and Promote a Safe, Sustainable and Fair
Future
February 13, 2012
Edward A. Thomas Esq.
President
Natural Hazard Mitigation Association
Aloha kakahiaka!
I appear today representing:
The Natural Hazard Mitigation Association
This is not and cannot be legal advice.
This is a statement of general principles of policy.
2
First Some Words From Our Sponsor
What is NHMA?
NHMA WAS CREATED IN 2008
TO BRING TOGETHER THE VARIOUS
INDIVIDUALS AND ORGANIZATIONS
WORKING IN THE FIELD OF
HAZARD MITIGATION.
NHMA Membership Includes
 People wanting to make a difference and work
towards reducing losses from disasters
 Engineers, planners, floodplain mangers,
government officials, community activists,
academics, practitioners, students, etc.
 People involved in building resilient organizations
and communities
Hazard Mitigation: Plain Common Sense
 "Disaster risk reduction is not a luxury. It's an essential
insurance policy for a more disaster-prone world, and
one of the smartest, most cost-effective investments we
can make in our common future. The benefits of this
investment will be calculated not only in dollars saved,
but most importantly, in saved lives."
 Jan Egeland, Former U.N. Under-Secretary General for
Humanitarian Affairs and Emergency Relief
Coordinator
To Set the Stage For Our Discussion:
 Lets discuss some basics of law
 In the law-especially criminal law- attorneys often
seek to identify someone else to take the blame
 Also often referred to as: “Round up the usual
suspects.”
 For increased flood damages that “someone else” is
often…
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6
Mother
Nature
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Does Nature Cause Disasters?
Dr. Gilbert White, the late, great, founder of the
internationally recognized Natural Hazards
Center, stated the facts:
“Floods are acts of nature; but flood losses
are largely acts of man”
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The Enemy Is Us!
Should we blame Mother
Nature or some other “force”
for our devastating flood
losses?
Or perhaps can the blame be put
on human engineering,
architectural and construction
building improperly in areas
where natural processes like
tsunamis, tornadoes, floods,
hurricanes, wildfires will
foreseeable take place.
Introduction: Can We All Agree?
Among of the most clear lessons of the horrific aftermath of
Hurricane Katrina, Hurricane Iniki, Hurricane Omar, the recent
Tsunamis:
 There Is no possibility of a sustainable economy without safe
housing and safe locations for business and industry to occupy
 We need housing for employees to have businesses and industry –
to have an economy at all
 In Island locations like Hawai’i, functioning transit routes are
especially critical for the economy and life itself
10
Must Sustainability Or “Smart-Growth” Have A
Foundation in Hazard Mitigation?
 The Spring 2007 Edition of The Urban Lawyer contains




an article which summarizes the views of 16 of the
leading gurus of the “Smart Growth” Movement
A total of 135 separate principles
None refer to hazards specifically
A very few refer to protecting natural resources
Gabor Zovanyi is the author; Article is “The Role of
Smart Growth Legislation in Advancing the Tenets of
Smart Growth”
11
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But There Is Hope!
 New and Exciting APA and ABA Awareness and Initiatives
 Improved FEMA Flood Mapping Program-Risk MAP
 The Formation of the National Hazard Mitigation




Collaborative Alliance
Formation of the Natural Hazard Mitigation Association
USACE Silver Jackets Program
Numerous Organizations in Hawai’i working on disaster
preparedness
Media and Other National Leaders Are Finally Catching on to
the Real Reasons Flooding and Other Natural Disasters Are
Increasing in Consequence
12
CNN Discussion of the Atlanta Flooding:
“Before the storm stalled over Atlanta, the metro area had
been in a prolonged drought.
Jeras, the CNN meteorologist, said “the urbanization of
Atlanta and its suburban sprawl also contributed to the
floods.”
“Instead of hitting soil, much of the rainwater ran straight
into concrete, where it runs very fast and can overwhelm
rivers and drainage systems.”
"There used to be a lot more earth and soil to help absorb
this stuff," she said. "But the rain really fell on the
concrete jungle.”
13
The American Planning Association Is Now
Turning Increased Attention To Hazards!
 Paul Farmer, Executive Director of APA
June 2009:
“Where one builds is just as important as what one builds
and how one builds....and it's time now for planners to
boldly take the lead in community and professional
debates on their interrelationships. They should point out
that good buildings simply should not be built in bad
locations — something that those enamored of
environmental rating systems for individual structures
would do well to remember.”
14
Paul Farmer Also Writes:
 “Sometimes the response is easy: Just say no to new
buildings on barrier islands or in wildfire-prone
canyons. Sometimes it's not so simple: Planners
confront very real moral, ethical, and public policy
dilemmas in places like New Orleans, the
Sacramento-San Joaquin River Delta, or known highhazard zones of Florida.”
15
New American Planning Association
Publication
 “APA's Hazards Planning Research Center (has
prepared) a FEMA-funded best practice materials
showing how hazard-mitigation and adaptation plans
can be integrated into comprehensive planning efforts
at all scales — from the neighborhood to the region.”
 This Document Is Available from APA
 Excellent in My Opinion
16
New APA Publication Edited by Jim Schwab
Hazard Mitigation: Integrating Best Practices into
Planning,
edited by James Schwab, AICP
American Bar Association
Summary of ABA Resolution 107 E:
“The following recommendations of the Financial Services Round
Table Blue Ribbon Commission on Megacatastrophes are highly
desirable loss mitigation suggestions:
> State of the art building codes
> Cost-effective retrofitting
> Land use policies that discourage construction posing high
risk to personal safety or property loss.
> Property tax credits to encourage retrofitting
These and related elements of loss mitigation are designed to
ultimately bring to market affordable insurance policies
with broadened coverages.”
18
American Bar Association Resolution 114;
Adopted by the ABA House of Delegates;
February 2011
The American Bar Association has subscribed to the White
Paper on Hazard Mitigation prepared by the National
Emergency Management Association (NEMA) under contract to
FEMA
In Resolution 114 ABA voted to:
a)Support hazard mitigation through disaster planning;
b) Recognize the role of state and local government;
c) Give due regard to property rights
d) Legal issues
19
Who Is Responsible for the Safety and Security of:
 Your family?
 Your home?
 Your community?
 Your business?
Key Themes
 We need to think broadly to solve our serious
problems- including sea level rise and climate change
 We must stop making things worse
 We will have opportunities to change legislation over
the next few years
 Right now we have a system which rewards
dangerous behavior
 We need to adapt by removing perverse incentives,
reward good planning, safe building, and safe
reconstruction
21 21
Trends in Damages Following
Natural Events
 Wind, Flood, Earthquake, Wildfire losses
are increasing quite dramatically
 Demographic trends indicate great future
challenges
 More challenges from sea level rise
 Even more challenges likely from climate
change
22 22
Trends in Flood Damages
 $6 billion annually
Average Annual Flood Damages
 Four-fold increase
from early 1900s
0
1910s
1920s
 Per capita damages
increased by more
than a factor of 2.5 in
the previous century
in real dollar terms
 And then there was
Katrina, Rita, Wilma
1930s
1940s
2
4
1990s
10
12
$2.0
$2.9
$2.4
$3.4
$2.2
1970s
1980s
8
$2.2
1950s
1960s
6
$4.9
$3.3
$5.6
2000s
$10.0
Billions (adjusted to 1999 dollars)
23
Flood and Wind Disasters Have Been Increasing Most
Courtesy of Dr. Roger Pielke Jr.
Source: Munich Re
24
US Damage If Every Hurricane Season Occurred in 2005
Courtesy of Dr. Roger Pielke Jr
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Demographic Trends: The Future
 As we move into the next generation things will be much
more challenging for Floodplain and Stormwater
Managers
 Dr. Arthur “Chris” Nelson, FAICP
 Leadership in a New Era
 “More than half of the built environment of the
United States we will see in 2025 did not exist in
2000”
Journal of the American Planning Association,
Vol. 72, No. 4, Autumn 2006.
© American Planning Association, Chicago, IL.
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Flood and Wind Disasters Have Been Increasing Most
Courtesy of Dr. Roger Pielke Jr.
Source: Munich Re
27
US Damage If Every Hurricane Season Occurred in 2005
Courtesy of Dr. Roger Pielke Jr
28
Demographic Trends: The Future
 As we move into the next generation things will be much
more challenging for Floodplain and Stormwater
Managers
 Dr. Arthur “Chris” Nelson, FAICP
 Leadership in a New Era
 “More than half of the built environment of the
United States we will see in 2025 did not exist in
2000”
Journal of the American Planning Association,
Vol. 72, No. 4, Autumn 2006.
© American Planning Association, Chicago, IL.
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USA: Coastal Development
Miami Beach 2006
Miami Beach 1926
Wendler Collection
Joel Gratz © 2006
30
Flood Risk = P (Probability of flood) X
Consequences)
Courtesy of Pete Rabbon USACE
Courtesy of:
Edward Thomas, Esq.
31
USACE Slide courtesy of Pete
Rabbon
Courtesy of:
Edward Thomas, Esq.
32
All Shareholders Can Also Contribute to Increased Risk!
RISK
Initial Risk
No Warning/Evacuation
Plan
Upstream Development
Increases Flows
Lack of Awareness of Flood Hazard-Lack of
Flood, Business Interruption, DIC
Insurance
Critical Facilities Not
Protected From Flooding
Increased Development
Infrastructure Not Properly
Designed/Maintained
Vastly Increased
Residual Risk
RISK Increase Factors
Courtesy of:
Edward Thomas, Esq.
33
Central Message:
Even if we perfectly implement
current regulations,
damages will continue or increase.
Remember, we have done a number of positive things,
both non-structural and structural, but…
We’ll discuss why that is…
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Why Are Floods Getting Worse?
Fundamental Misunderstandings:
Where is the Floodplain?
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35
Natural Hazard Mitigation Association
www.nhma.info
Special Flood Hazard Area
If you prevent floodplain fill,
you keep existing development safe.36
Natural Hazard Mitigation Association
www.nhma.info
Large areas of the
floodplain are filled
and developed.
Fill
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Larger Special Flood Hazard Area After Filling
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Flood Heights May Increase Dramatically
 Other factors may well cause a significant
increase in flood heights
 Legally permitted fill and encroachments
 Wildfires
 Debris blockage
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Deeper and Higher Water Results?
Serious Public Safety Issues
Safe Development Is Affordable
 The American Institutes for Research has conducted a
detailed study on the cost of floodproofing and
elevation
 That study supports the idea that elevation and
floodproofing costs add very small sums and have a
significant societal payback
 The Multihazard Mitigation Council, a group which
includes private industry representatives, reports that
hazard mitigation has a proven 4-1
payback
41
The Choice of Development or No
Development is a False Choice!
The Choice We Have as a Society is Rather Between:
1. Well planned development that protects people
and property, our environment, and our
precious Water Resources while reducing the
potential for litigation; or
2. Some current practices that are known to harm
people, property, and natural floodplain
functions-… and may lead to litigation
and other challenges
42
Why Are Governments Not Acting To
Prevent Harmful Development?
NOAA recently completed a study
which surveyed planners as to
impediments to safe development
 Two major reasons cited:
 Fear of the “taking” issue
 Economic pressure
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Reason #1 For Insufficient Standards:
Economics and Externality
 When one group pays maintenance or
replacement of something yet different
person or group uses that same something,
we often have problems
 Disaster assistance is a classic example of
externality
 Who Pays For Disaster Assistance?
 Who Benefits?
45
Who Pays For Disaster Assistance?
 Costs of flooding are usually largely borne by:
a) The federal and sometimes the State taxpayer
through IRS Casualty Losses, SBA loans,
Disaster CDBG funds, and the whole panoply
of Federal and private disaster relief
described in the Ed Thomas et al.
publication:
Planning and Building Livable, Safe &
Sustainable Communities: The
Patchwork Quilt Approach
b) By disaster victims themselves
46
Cui Bono? (Who Benefits?)……….
 From Unwise or Improper Floodplain
Development -
a) Developers?
b) Communities?
c) State Government?
d) Mortgage companies?
e) The occupants of floodplains?
Possibly in the short-term, but
definitely NOT in the long-term
47
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Why Should Government Do
Something About This?
 Fundamental duty
 Protect the present
 Preserve a community’s future
 Be a Responsible Trustee of the
“Public Trust”
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Why Else Should Government
Do Something About This?
 In a Word:
Liability
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Litigation for Claimed Harm Is Easier
Now Than In Times Past
 Forensic hydrologists
 Forensic hydraulic engineers
 Forensic Wildfire, and other
Experts
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New Trend In The Law
 Increasingly states are allowing lawsuits against
communities for alleged “goofs” in permitting
construction or in conducting inspections
 Excellent paper By Attorney Jon Kusler PhD for
The Association of State Floodplain Managers
(ASFPM) Foundation available online at
www.floods.org
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Three Ways to Support Reconstruction
Following Disaster Damage
1.
2.
3.
Self help: loans, savings, charity, neighbors
Insurance: disaster relief is a combination of
social insurance and self help
Litigation
The preferred alternative is…
to have NO DAMAGE
due to land use and hazard mitigation
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Ka Loko Reservoir
Kauai 2006
Risk to Whom-For What:
Civil Damages and a Criminal Case For
Manslaughter Following This Flood
53
Examples of Situations Where
Governments and Landowners May Be
Held Liable for Unreasonable Activity
 Construction of a Road Causes Damage
 Stormwater System Increases Flows See, F. Koehnen, Ltd. v.
County of Hawaii, 47 Haw. 329 (Haw. 1963)
 Development Blocks Watercourse
 Bridge Without Adequate Opening
 Grading Land Increases Runoff- Flood Control Structure Causes
Damage See, Ass'n of Apt. Owners of Wailea Elua v. Wailea Resort
Co., 100 Haw. 97 (Haw. 2002)
 Filling Wetland Causes Damage
 Issuing Permits for Development Which Causes Harm to a Third
Party
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54
More Litigation Threatened or Discussed in
Hawai’i
 Lualualei flooding situation
 Makaha Valley
 Puuhulu Road/Puuhulu Stream
55
Lincoln, Nebraska
Flooded Homes
Developer, engineer, and realtor settle with homeowners
City at first held liable; then wins in Nebraska Supreme
Court– City “owed no duty to homeowners”
56
Photo: Lincoln Star Journal
56
From California….. January 2008:
 Lawsuit seeks $1 billion in Marin flood damage The
plaintiffs – 265 individuals and businesses – are
each seeking $4.25 million in damages
 Lawyers representing the victims could collect
more than $66 million in fees
57
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Marin, California
City Of Half Moon Bay, California
November, 2007
 City Liable for nearly $37,000,000 under the Federal
and State Takings Clauses, as well as the Common
Law Doctrines of Nuisance and Trespass, for
constructing a storm water drainage system which
flooded someone
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Fernley, Nevada:
 “Class-action lawsuit updated in Fernley flood
case”
 “The lawsuit names the Truckee-Carson
Irrigation District, Lyon County, the city of
Fernley, and companies that built and sold
homes in the area flooded when a stormswollen irrigation canal ruptured” Nevada
Appeal, 1/26/08
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1986 Sacramento River Flood
California Law Changes
+ 50,000 people evacuated
+ 9,000 families left homeless
+ 29 counties declared
+ $532 million in damages
+ almost 2 decades of litigation
= Paterno, a landmark court decision in 2003
Damages - $464 Million
Photographer: Geoff Fricker
1 levee rupture
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Katrina Legal Situation
 Katrina Lawsuits
 500,000 Plaintiffs
 $278 Billion in damages requested
 Approximately 1,000 plaintiffs attorneys involved -
learning about levees, floods, and liability
 A copy of an article on this topic appeared in the
National Wetlands Newsletter and is available at:
www.floods.org/PDF/ET_Katrina_Insurance_082907
.pdf
 For the first time in many years, lenders will lose
considerable money on mortgages in a disaster
area
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Examples of Situations Where
Governments Have Been Held Liable








Construction of a road blocks drainage
Stormwater system increases flows
Structure blocks watercourse
Bridge without adequate opening
Grading land increases runoff
Flood control structure causes damage
Filling wetland causes damage
Issuing permits for development which
harm to a third party
causes
63
In These Examples Of Community
Legal Liability For Permitting Or
Undertaking Activity
Is There A Theme?
YOU BET!!!
What is that Theme?
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The Theme
 They did not do Safe and Proper Planning!!!
 They did not adopt the higher standards of the CRS
Program!!
 They did not identify the impacts of the development
activity
 They did not notify the soon-to-be afflicted members
of the Community
 They did not re-design or re-consider the project
 They did not require appropriate and necessary
mitigation measures
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Landowner Does Not Have All
Rights Under The Law
 No right to be a nuisance
 No right to violate the property rights of others
 No right to trespass
 No right to be negligent
 No right to violate laws of reasonable surface water
use; or riparian laws
 No right to violate the public trust
66
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Public Entities Do Not Have The
Right To Do Just Anything Either!
 No right to use public office to wage
vendettas
 No right to abuse the public
 No right to use regulation to steal from a
landowner
67
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Liability Can Sometimes Be Established Under
A Variety of Theories: Failure To Follow Your
Own Plan
 Keystone Elec. Mfg. Co. v. City of Des Moines,
586 N.W.2d 340, 343 (Iowa 1998)
“We conclude that the City's decisions concerning how
to fight the flood do not fall under the discretionary
function exception to liability under Iowa Code section
670.4(3) of Iowa's Tort Liability of Governmental
Subdivisions Act....”
68
How About Immunity?
 Where revised off-ramp caused flooding…under the Colorado
Governmental Immunity Act, county was required to exercise
reasonable care to correct condition….
Larry H. Miller Corp.-Denver v. Bd. of County Comm'rs, Court
of Appeals No. 02CA0545 , COURT OF APPEALS OF
COLORADO, DIVISION FOUR , 77 P.3d 870 (2003)
And “…city's storm drainage system flooding plaintiff's adjacent
property constituted continuing trespass….”
Docheff v. City of Broomfield, 623 P.2d 69
(Colo. App. 1980)
69
How About Immunity in Hawai’i?
The basic principle of governmental tort liability in Hawaii now is
that the state and its political subdivisions shall be held
accountable for the torts of governmental employees in the same
manner and to the same extent as a private individual under like
circumstances. See, Cootey v. Sun Investment and County of
Hawaii, 68 Haw. 480; 718 P.2d 1086 (1986)
But: Government is not intended to be an insurer of all the
dangers of modern life, despite its ever-increasing effort to protect
its citizens from peril. See, Cootey v. Sun Investment and County
of Hawaii, 68 Haw. 480; 718 P.2d 1086 (1986)
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Reason #2 Why Safer Standards Are Not
Implemented:
Concerns About A “Taking”
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The Constitution of the United States
 Fifth Amendment to the Constitution: “… nor
shall private property be taken for public use
without just compensation.”
 Was this some theoretical thought, or passing
fancy?
 Which part of this directly mentions regulation?
 Pennsylvania Coal Company vs. Mahon 260 US
293 (1922). But See, Keystone Coal
480
US 470, 1987.
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Constitution of the State of Hawai'i
 Section 20. EMINENT DOMAIN.
“Private property shall not be taken or damaged for public
use without just compensation.”
HRS Const. Art. I, § 20
Seems Even Broader than its federal counterpart because it
protects not only property that is "taken," but also property
that is "damaged.”
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Increase in Cases Involving Land Use
 There has been a huge increase in Taking Issue Cases,
and related controversies involving development
 Thousands of cases reviewed by Jon Kusler, me and
others
 Common thread? Courts have modified Common Law
to require an Increased Standard of Care as the state of
the art of Hazard Management has improved
 Government is vastly more likely to be sued for
undertaking activity, or permitting others to take
action which causes harm than it is for strong,
fair regulation
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Taking Lawsuit Results:
 Regulations clearly based on hazard prevention and
fairly applied to all: successfully held to be a Taking
– almost none!
 Many, many cases where communities and
landowners held liable for harming others
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Major Federal “Taking” Court Case
 Kelo v. New London, US Supreme Court, No.04-108,
Decided June 23, 2005.
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Susette Kelo’s pretty pink house
Susette Kelo’s House
77
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Extremely Important US Supreme Court
Case
on Takings
 Lingle v. Chevron, US Supreme Court No. 04-163
Decided May 23, 2005
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Here Is The Gas Station In Lingle
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Summary of Tests to Determine If There Is
A Taking
 The tests articulated all aim to identify regulatory
actions that are functionally equivalent to a direct
appropriation of or ouster from private property
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Can Government Adopt Higher Standards
Than FEMA Minimums?
 FEMA Regulations Encourage Adoption of Higher
Standards-”… any floodplain management
regulations adopted by a State or a community
which are more restrictive than (the FEMA
Regulations) are encouraged and shall take
precedence.” 44CFR section 60.1(d). (emphasis
added)
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Hazard Based Regulation And
The Constitution
 Hazard based regulation generally sustained
against Constitutional challenges
 Goal of protecting the public accorded
ENORMOUS DEFERENCE by the Courts
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Why Go Beyond the Current Minimum
Standards?
Damages from foreseeable natural hazards are
continuing and/or increasing unnecessarily!
Current NFIP approaches deal primarily with how to
build in a floodplain vs. how to minimize future
damages
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Climate Change & Sea Level Rise
 A few thoughts:
 Many folks thin that the subjects of “climate change”
and “sustainability” are actually part of a vast left wing
conspiracy
 I have written an article for the American Bar
Association which essentially says, even if that is your
belief, one must do climate change adaptation just as
much as if one were a fervent believer in climate
change
Hurricane Damage and Global Warming
How Bad Could It Get and What Can We Do
About It Today? A Report By: Daniel Sutter for
The Competitive Enterprise Institute
 “Current public policies encourage risky and inefficient
coastal development by shifting the cost of hurricane damage
to third parties.”
 “…while insurance reform and building code enforcement are
not normally considered as polices to address potential
adverse effects from global warming,
they should be.”
85
A Solution:
Follow the Principles of Emergency Management
 Hope for the Best Plan for the
Worst
 Go Beyond Flood Insurance and Other
Current Regulatory Minimum Standards
Higher Standards for:
 Development Decision-making
 Planning
 Emergency Preparedness
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But, Must Climate Change Adaptation Mean
Set-Back?
 I do not Believe Set-Backs are the ONLY Answer to Sea
Level Rise and Climate Change
 One Example:
 August-September Issue of APA’s Planning Magazine
 “First Tsunami Evacuation Building Planned”
 City Hall to be Constructed in Oregon
 Will Double as a Tsunami Shelter for 40 Foot Tall Waves
 Under Design at Oregon’s Hinsdale Wave Research
Facility
87
Can Adaptation Include Elevation?
From Planning Magazine August –September 2010
88
A Conservative View of Property-Rights
 The Cato Institute Indicates that Compensation is Not
Due When:
“… regulation prohibits wrongful uses, no compensation is
required.”
“When the government acts to Secure Rights-when it
stops someone from polluting his neighbor … it is acting
under its police power … because the use prohibited …
was wrong to begin with.”
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What is a “Wrongful Use”?
 Will Courts Accept the Theory of Climate Change?
Especially if the Regulation is the Equivalent of an
Ouster from Private Property?
 Fundamental Principal of Emergency Management is:
 Hope for the Best…
 Plan for the Worst.
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In Deciding Whether Regulations “Take”,
Courts Examine
 Impact of regulations on private property owners
Does the owner “own”?
Is the area subject to public trust?
Are the proposed activities nuisance-like?
Diminution in value?
Denial of all economic use?
Impact on whole property
Impact on reasonable investment backed expectations?
 The nature of the government actions
 Adequacy of goals?
 Factually supported?
 Nondiscriminatory?







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Avoiding A Taking
 Avoid Interfering with the Owner’s Right to Exclude
Others. (Loretto)
 Avoid Denial of All Economic Use. (Lucas)
 In Highly Regulated Areas Consider Transferable
Development Rights or Similar Residual Right so the
Land Has Appropriate Value. (Penn Central)
 Clearly Relate Regulation to Preventing a Hazard. See,
Different results in Gove v. Zoning Bd. of Appeals, 444 Mass. 754 (Mass.
2005)and Annicelli v. Town of South Kingston, 463 A.d 133 (1983); and Lopes
v. Peabody.
 Establish a Fair Variance Procedure
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What is a Disaster?
 Loss of a job?
 Loss of one’s home?
 Loss of a community
facility?
 Widespread loss of
power?
 Earthquake-Flood-Fire?
What is a Disaster?
 It’s All a Matter of Perspective
 Victim or disaster survivors
 Business and industry
 Local Community
 State
 National Government
What is a Catastrophic Disaster?
 Lots of definitions developed based on size
 In my opinion- those definitions do not work well in
the real world
 I have worked in situations involving a small situation
which was a “catastrophe” and in huge situations
which were not considered catastrophic
 If government or voluntary agencies or
business/industry are functional we do not seem to
have a “catastrophe” from the perspective of the
survivors and press
Overseas
Disasters
In areas where business and
industry, government, voluntary
agencies, and society is already
fragile we are generally going to
be in a catastrophic type
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situation.
Note on Catastrophes and Resiliency
On the previous slide I note that:
In areas where business and industry, government, voluntary agencies, and
society
is already fragile we are generally going to be in a catastrophic type situation.
Is the United States as economically strong as it was
in: 1950? 1960? 1970? 1980?1990? 2000? 2005?
Might we be headed towards a truly catastrophic disaster
from which even the US economy will have a very hard time
recovering?
What are the planning implications?
What are the societal implications?
To whom will the decision makers turn for solutions?
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Must an Event be a “Disaster”?
 Preparedness Planning
 A Community a Business or an Industry


Insurance
Disaster Continuity Plan
 Individual Planning
 Insurance
 Disaster Kit/Plan
 One’s Community
 Disaster resistant building codes/zoning
 Pre-Disaster Mitigation Planning
 Post-Disaster Mitigation Planning
 Pre-Planned Mutual Assistance compacts
 Disaster Contingency Planning
 Planning to Manage Volunteers
How Does One Handle A “Disaster”?
 Design and Plan to have natural events not be a disaster for the
business, its employees, the community, its critical suppliers and
customers
 Plan to be resilient, if you have a disaster-think “Black Swan Event”




Employees
Suppliers
Customers
Key Personnel
 Self-Help
 Insurance
 Business Community
 Shared resources
 Coordination with Local Charities and Voluntary Agencies
 Coordination with Government Programs
Some of the Many Organizations Working to Solve
These Problems




US Chamber of Commerce
Natural Hazard Mitigation Association
United Way
Institute for Business and Home Safety

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




“ Open For Business®”
Federal Emergency Management Agency
Multiple NOAA Organizations
Red Cross
US Coast Guard
Disaster Resistant Business Council: Tulsa, Oklahoma
Many Organizations in Hawai’i, including the National Disaster
Preparedness Training Center, the Pacific Disaster Center, Various
Agencies of State Government, the University of Hawai’i….
Typical Flaws in Community and Business
Continuity Plans
 Failure to consider safety of home and families of
employees-leads to role conflict for employees and
inefficiencies
 Failure to consider effects of a disaster on upstream
suppliers and downstream customers
 Failure to realize that the very survival of a
community, a business and or its management may
depend on preparing for and responding to a crisis
Next Steps for Disaster Planning
 First, please consider how devastating a Natural Event such
as a flood, Tsunami, Hurricane, wildfire, earthquake,
volcanic eruption can and unfortunately will be to Hawai’i
 Second, consider the vulnerability of the Islands, the
economy, the people, the logistics of obtaining food
medicine and the necessities of life
 Then, lets do some additional planning, preparedness, and
public information dissemination beyond the excellent
efforts already underway, for the entire Hawai’i ‘Ohana
 Who-When-How?
Get Ready to Contribute So as To Take
Advantage of the Opportunity Presented by a
Crisis
 Patchwork Quilt White Paper of Available Pre and Post
Disaster Funding
 Understand the Options available pre and post disaster
Learn to use other Available Tools:
 FEMA Risk MAP Products
 NOAA Digital Coast
 StormSmart Coasts Products and Web-Based Information
Available on StormSmart Coasts Website
Patchwork Quilt:
A Creative
Strategy for
Safe Post-Disaster
Rebuilding
Special Edition for:
ASFPM
November 2011
Recommended Reading:
Definitely Worth a Look
There is a Significant Role for the Planning
Community in this Important Publication
Planning is Stressed Throughout the
Disaster Recovery Framework-A Huge Step
Forward for Planners
Presidential Policy Directive 8 (PPD-8)
 Issued by President Obama in March 2011
 Implementation planning and documentation




development underway
PPD-8 deals with the nation’s preparedness for dealing
with catastrophic results from natural or human caused
events
Includes significant planning and hazard mitigation
elements
Definitely many opportunities for additional input
Additional input from grass-roots planners much needed
FEMA Just Sponsored the First of Several
Stakeholder Meetings
 The NHMA Representative, at the meeting, Darrin
Punchard of AECOM, has prepared a short report
available to any of you who desire a copy
 Any individuals can provide their own input, thoughts
or ideas to FEMA at: fema.ideascale.com (click on the
link for ‘Presidential Policy Directive 8’). At this site
you also may view, comment and vote on those ideas
submitted by others.
 The next FEMA PPD-8 Webinar is Wednesday
February 8 from 2:00 - 4:00 p.m. EST
Possible Action By The You As Individuals;
and Possibly as a Class Project
 Provide Comments on PPD-8
 Provide Comments on Legislation such as the reform
of the National Flood Insurance Program
 In general get involved!
 NHMA can supply as much additional information
on this topic as you desire.
A Solution
 Go Beyond Existing and NFIP & State Minimum
Standards for
 No Adverse Impact-CRS Type:



Development decision-making
Planning
Emergency Preparedness
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Might the State of Hawai’i and all All
Communities in Hawai’i Wish To Consider
Higher Standards?
Consider:
A) Uncertainties in flood elevations-50% confidence
B) Consequences if a factory, water treatment plant or
other critical facility is flooded
C) 50% chance that 1% flood will be exceeded
within 70 years according to Bulletin 17 B of the
WRC
D) Changes in flood heights and velocities due to
factors
such as upstream wildfires and mud slides/mudflow
E) Sea Level Rise, climate variability and climate
change
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Think About:
 Tsunamis
 Hurricanes
 Volcanoes
 Black Swan Events
 Limitations of existing NFIP models
 Debris blockage (models assumes no blockage)
 Wildfires (exacerbated flows from burned vegetationhydrophobic soils etc.)
 Technical assumptions and other uncertainties
Implementing NAI in the Real World
 Comprehensive watershed future conditions water
resources mapping looking at water supply-water
quality-stormwater management and flooding
 Interim Measure
 Require a demonstration that all development does not
change the hydrograph for the 1-10-50-100-500 year BOTH
flood and storm
 If time permitted we would have some engineers
discuss exactly how to do these steps:
Low Impact Development (LID)
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So, Beyond NAI, What Can We Do?
 Two Models I Would Like To Discuss:
A) Reduction in Incidence of Airplane
Disasters
B) Reduction in Incidence of Urban
Fires
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A) Reduction in Incidence of Airplane
Disasters
Enormous Success
in the
20th Century
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…learning from experience
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B) Reduction in Urban Fires
FEMA Publication
America at Risk
America Burning Recommissioned
FA-223/June 2002
FEMA Report in 2002
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Fire Loss in Urban United States
“One hundred years ago, American cities faced a
devastating challenge from the threat of urban fires.
Whole cities had become the victims of these events.
Entire neighborhoods lived with the very real threat
that an ignited fire would take everything, including
their lives.”
From: America at Risk
America Burning Recommissioned
FA-223/June 2002
121
Fire Loss in Urban United States
“Today, the threat of fires is still with us. But we have
done a lot to address the risk, minimize the
incidence and severity of losses, and prevent fires
from spreading. Our states and localities have an
improving system of codes and standards; most
of us are aware of the risks; We have accomplished
a lot, but we have much more to do.”
From: America at Risk
America Burning Recommissioned
FA-223/June 2002
122
Build On Our Success
“Today, we must not only continue and reinvigorate
our successes, but also expand them to include the
natural and man-made threats that each of our
counties, cities, towns and villages face every day –
floods, earthquakes, hurricanes, hazardous material
spills, highway accidents, acts of terrorism, and so
much more.”
From: America at Risk
America Burning Recommissioned
FA-223/June 2002
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Take Away Message
 Community leaders have responsibility for public
safety and need to be aware:
 Many areas can flood, or be damaged by
foreseeable natural events
 Uninsured victims will likely sue- and will try
to find someone to blame
 Fair harm prevention regulations help
everyone
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Message For All Involved In Emergency
Management & Community Development
 The fundamental rules of developing livable
communities, as articulated, by Federal Law,
envision housing and development which Is:
 Decent
 Safe
 Sanitary
 Affordable
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Development Destroyed or Damaged by
Foreseeable Natural Processes Fails That
Vision!
 Housing and development which are so poorly
planned, engineered or designed that they are
destroyed by such natural processes are:
 Indecent
 Unsafe
 Unsanitary
 Unaffordable- by the flood victims, by their
Community, by the State, and by our Nation.
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Summary
 Fundamentally our society must and will choose either:
 Better standards to protect resources and people
or
 Standards which inevitably will result in destruction and litigation
The higher regulations of the FEMA Community Rating System
are, I think, taking us in the right direction
Each of you will play a key role in helping create a safe and
sustainable future; or in continuing & making worse the
incredible mess in which we are, already
You have made a choice towards helping make things better
by learning how, right here. Please keep going!
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NHMA Membership Includes
 People wanting to make a difference and work
towards reducing losses from disasters
 Engineers, planners, floodplain mangers,
government officials, community activists,
academics, practitioners, students, etc.
 People involved in building resilient organizations
and communities
 Students for a mere $15 per year
 We would like to include you!
Contact Information:
Natural Hazard Mitigation Association
616 Solomon Drive
Covington, Louisiana 70433
504-914-6648
www.nhma.info
nathazma@gmail.com
Questions
Comments?
Mahalo!
edwathomas@aol.com
617-515-3849
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