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Control Law, Planning, and NAI Flood Risk Management

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Certification Maintenance

CM | 1
L | 1

Course Details

The No Adverse Impact (NAI) approach to flood risk management and floodplain stewardship provides local planners and floodplain professionals with an approach to floodplain administration that is beneficial, legally defensible, palatable, and understandable to the community as a whole. Courts have broadly and consistently upheld performance-oriented floodplain regulations, including those exceeding minimum National Flood Insurance Program (NFIP) standards for floodplain development.

The Association of State Floodplain Managers (ASFPM) NAI Legal Guide to Flood Risk Management (aka NAI Legal Guide), initially released in May of 2023, and proposed for annual review and revision, is a tool for local planners, floodplain stewards, floodplain professionals, and their legal representatives, to better navigate the law surrounding floodplain management and floodplain stewardship. It presents legal research that supports local NAI land use and development strategies for improving flood safety and reducing flood risk and flood damages.

This training will consist of presentations and audience engagement / facilitated discussion giving participants insight on the common law, US Constitutional protections with a focus on avoiding potential takings liability for regulation of development in at-risk-for-flood areas, and the legal foundation of the NAI approach to flood risk management and floodplain stewardship.

Learning Outcomes

  • Better understand the concept of the No Adverse Impact (NAI) Approach to Flood Risk Management and Floodplain Stewardship and the reasonable relationship between the NAI approach and the law.
  • Recognize and utilize the NAI Legal Guide as a resource to better navigate the law surrounding flood risk management, floodplain stewardship, and flood-safe land use strategies.
  • Recognize the most significant legal issues in tort law, US Constitutional protections, and applicable federal law, and their relevance to the NAI flood risk management and floodplain stewardship approach.