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Regulatory Approaches to Mitigation

Rising losses to life and property from natural hazard events, and their increasing frequency, show that what were once considered relatively low-probability, high-consequence events are becoming more common and destructive. Hazard mitigation consists of a wide variety of actions that can be taken before or after a natural hazard event to reduce or eliminate long-term risks to life and property. Mitigation saves lives, reduces property damage, and lessens economic and social costs of disasters. A 2005 report by the Multihazard Mitigation Council found that every $1 spent on mitigation results in an average of $4 saved by society. All phases of emergency management—mitigation, preparedness, response, and recovery—are traditionally state and local responsibilities. As the potential for large-scale destruction increases, especially in densely populated and economically important areas, hazard mitigation becomes an important national issue. State and local governments, largely through their land-use regulatory powers, are at center stage in implementing an array of mitigation tools and programs.

Natural hazards such as floods, hurricanes, earthquakes, wildfires, tornadoes, landslides, drought, excessive heat, and winter storms result in emergencies, disasters, and catastrophes when humans place people and property in harm's way. Climate change may change the nature of some of the risks. U.S. coastal areas are experiencing a rise in sea levels, whether due to cyclical weather patterns or climate change. This exposes more people and property to risk. Flooding is the most common natural hazard facing the United States, causing billions of dollars in losses each year. Other hazards may be less widespread, but pose significant risk to people and property.

Natural Hazard Mitigation

Natural hazard mitigation comprises two broad areas. The first consists of structural, engineered works such as levees, dams, floodwalls, and seawalls. This category does not involve a great deal of regulation, although government has the power of eminent domain and can seize property and pay fair market value to obtain land to build a levee or dam. Local governments can regulate land use near the structures. The second category of mitigation tools, based on land-use planning, heavily involves government regulation, primarily at the local level. Rigorous building codes, zoning laws, and other development regulations are key tools for keeping development away from threatened areas. Natural protections such as dunes, marshes, and wetlands can be protected, restored, and enhanced through regulations, most notably floodplain and wetland regulations.

Building codes are especially important for making structures hazard resistant, but their effectiveness depends on specific code provisions that address the hazard threats of a particular community. Some states have statewide building codes to ensure a minimum level of standards to resist natural hazards. Florida's Building Code requires that structures in areas vulnerable to high winds have windows and glass doors designed to withstand the impact of windborne debris, or mandates the use of shatter-resistant glass or shutters. California's Building Code includes seismic requirements to lend resilience to earthquakes, and requires fire-resistant roofing, windows, and building exteriors for structures in areas prone to wildfires.

If development has already occurred in a hazard-prone area, communities can require that new buildings be designed to improve resistance to hazards, or that they be modified or retrofitted. Requiring construction features such as hurricane straps that give extra support in connecting the roof to a building reduces hurricane damages.

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