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Sea Level Rise Adaption & The Bert J. Harris, Jr., Private Property Rights Protection Act

When the Florida Legislature passed the Bert J. Harris, Jr. Private Property Rights Protection Act1 (“the Act” or “Bert Harris Act”) a quarter century ago, very few people realized that seas were rising. With today’s broad awareness of rising sea levels, local governments must also consider when and how responding to a changed future of long-term sea-level rise may lead liability under the Bert Harris Act.
Some changes to the Bert Harris Act over its twenty-five year history have been driven by case law to which the Florida Legislature has responded.2 For example, when a lawsuit threatened widespread

Tools In The Resilience Toolbox, But Are We Willing To Use Them?

Professional involvement with land use planning, resilience, and sealevel rise adaptation led me to be very interested when a colleague mentioned Timothy Beatley’s Planning for Coastal Resilience: Best Practices for Calamitous Times. Published in 2009, this book still merits review as we continue to grapple—or, in some cases, avoid—the impacts of a changing climate on our coastal communities. As Beatley indicates, this remains a critical task since around the world we continue to rush in ever-greater numbers to live in coastal areas at risk for hazards like flooding, storms, and sea-level rise

Seawalls & Sea Level Rise-Induced Flooding: Addressing Public and Private Infrastructure

Sea-level rise is one of the greatest issues plaguing south Florida. Cities such as Miami, Fort Lauderdale, and Miami Beach face constant threats to infrastructure, transportation systems, and private property. Fort Lauderdale in particular created a very unique way of dealing with this issue after experiencing a record flood in September of 2015, some 18 inches above the average high tide mark.

Managing Property Buyouts at the Local Level: Seeking Benefits and Limiting Harms

Efforts to conduct buyouts of at-risk properties are an increasingly popular resilience tool, especially in response to massive flooding losses in recent years and the financial predicament of the National Flood Insurance Program. Calls for buyouts increased after Superstorm Sandy, with both New York and New Jersey dedicating funds to voluntary buyout programs. In some communities, an exclusive focus on the vulnerability of individual properties may lead to an implementation that causes harm to neighborhoods and communities. Based on development of a model local government ordinance for Florida communities, this Article analyzes how communities can participate in and support buyout implementation to seek to achieve the benefits of reduced flood risk while avoiding the most negative impacts of buyouts. It details the need for careful drafting due to federal and state requirements, which may require targeted exemptions limiting local government support for and implementation of specific federal or state buyout programs.

Facilitating Community Change: Lessons from Climate Adaptation to Guide Extension Engagement

Extension agents work on many issues and at many levels to help improve individual, family, and community well-being in Florida. Because climate change is one of the biggest current issues and affects several aspects of society, Extension programming related to climate has increased in recent years. In some cases, agents are helping to communicate the science behind global warming or the causes of increases in greenhouse gas emissions. Some communities or industries are already focusing on mitigation—implementing strategies to reduce sources of greenhouse gases or to increase the amount of greenhouse gases being removed from the atmosphere, through carbon sequestration, for example.