1. Natural Hazard Mitigation Association www.nhma.info 1 Fort Collins Government Best Practices Leadership Link November 18, 2010 Edward A. Thomas, Esq. edwathomas@aol.com 617-515-3849

2. Natural Hazard Mitigation Association www.nhma.info Good Day!  I appear today with thoughts from: The Natural Hazard Mitigation Association The Natural Hazard Center of the University of Colorado The Association of State Floodplain Managers This is not and cannot be legal advice This is a statement of general principles of ethics, law and policy 2

3. Natural Hazard Mitigation Association www.nhma.info Fort Collins  You folks have done many floodplain management and water resources activities which are a national model  Higher Regulations  Class 4 Community Rating System Community!  Clearly you are trying to enhance community safety, sustainability and wellness  If these world class accomplishments were available in writing they could be used, much as the Urban Drainage and Flood Control District materials are now used nationally and internationally 3

4. Natural Hazard Mitigation Association www.nhma.info Why do we have government?  Any ideas? 4

5. Natural Hazard Mitigation Association www.nhma.info What Is the Proper Role of Government Employees Concerning Disasters?  Pre-disaster  During disasters  Following disasters 5

6. Natural Hazard Mitigation Association www.nhma.info Fundamental Consideration  Allocation of responsibility for safe and sustainable development:  Government  Business and Industry  Individuals 6

7. Natural Hazard Mitigation Association www.nhma.info 7 Key Themes  We Need To Think Broadly To Solve Our Serious Problems  We Must Stop Making Things Worse  Right Now We Have A System Which Rewards Dangerous Behavior  We Need To Remove Bad Incentives, Reward Good Planning, Safe Building, and Safe Reconstruction

8. Natural Hazard Mitigation Association www.nhma.info 8 What is a Disaster?  Loss of a Job?  Loss of One’s Home?  Loss of a business or industry?  Loss of a Community Facility?  Widespread Loss of Power?  Wildfire?  Blizzard?

9. Natural Hazard Mitigation Association www.nhma.info 9 What is a Disaster?  It’s All a Matter of Perspective  Victim  Local Community  State  Federal Government

10. Natural Hazard Mitigation Association www.nhma.info 10 Must an Event be a “Disaster”?  Preparation  Individual  Insurance  Disaster Kit/Plan  One’s Community  Disaster resistant building codes/zoning  Pre-Disaster Mitigation  Mutual Assistance compacts  Disaster Contingency Planning  Volunteers – the Citizens Corps  StormSmart Coasts Materials

11. Natural Hazard Mitigation Association www.nhma.info 11 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  For increased flood damages that “Someone Else” is often…

12. Natural Hazard Mitigation Association www.nhma.info 12 Mother Nature

13. Natural Hazard Mitigation Association www.nhma.info 13 Does Nature Cause Disasters?  Dr. Gilbert White, the late, great, founder of the internationally recognized Natural Hazards Center, headquartered in Colorado, stated the facts: “Floods are Acts of Nature; But Flood Losses Are Largely Acts of Man”

14. Natural Hazard Mitigation Association www.nhma.info 14 I Hope All of You Will Agree  Among the Most Clear Lessons of The Horrific Floods of this Decade:  There Is No Possibility of A Sustainable Economy Without Safe Locations for Business and Industry to Occupy  We Need Safe Housing for Employees to Work at Businesses and Industry – to Have an Economy at All

15. Natural Hazard Mitigation Association www.nhma.info 15 Trends in Flood Damages  Flood losses and reported flood heights are increasing  Demographic trends indicate great future challenges

16. Natural Hazard Mitigation Association www.nhma.info 16 Demographic Projection: Colorado Population in 2050 Colorado's population is expected to nearly double by 2050. In 2008, approximately 5 million people resided in the state. By 2050, Colorado's population is projected to be between 8.7 and 10.3 million people, with the majority residing in the Arkansas, South Platte and Metro Basins. However, the western slope of Colorado will see the greatest percentage increase in population during the next 40 years Citation: A 2050 VISION FOR COLORADO'S WATER SUPPLY FUTURE Authors: Nicole Rowan, CDM, Susan Morea, CDM, Eric Hecox, Colorado Water Conservation Board Colorado's population is expected to nearly double by 2050. Where Will These Folks Wish to Live?

17. Natural Hazard Mitigation Association www.nhma.info 17  $6 billion annually  Four-fold increase from early 1900s  Per capita damages increased by more than a factor of 2.5 in the previous century in real dollar terms  In the 2000’s Think About Nashville, Atlanta, the Red River of the North ASFPM Analysis of Trends in Flood Damages

18. USACE Slide courtesy of Pete Rabbon

19. All Shareholders Can Also Contribute to Increased Risk! Residual Risk Can Be Increased RISK Vastly Increased Residual Risk Initial Risk Critical Facilities Not Protected From Flooding Levees Not Properly Designed/Maintained Lack of Awareness of Flood Hazard-Lack of Flood, Business Interruption, DIC Insurance Increased and more Costly Development No Warning/Evacuation Plan- or A Poorly Developed and Exercised Plan Fill in floodplain or Wildfires Increases Flows 19

20. Natural Hazard Mitigation Association www.nhma.info 20 Central Message Even If We Perfectly Implement Current Fort Collins Higher Floodplain 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…

21. Natural Hazard Mitigation Association www.nhma.info 21 But There Is Hope!  Association of State Floodplain Managers No Adverse Impact concept and message  New and exciting APA and ABA awareness and initiatives  Ongoing Fort Collins Activities  Colorado Water Conservation Board Initiatives  Improved FEMA Flood Mapping Program-Risk MAP The formation of the National Hazard Mitigation Collaborative Alliance  Formation of the Natural Hazard Mitigation Association

22. Natural Hazard Mitigation Association www.nhma.info 22 Paul Farmer: Executive Director of the American Planning Association June 2009  “APA's Hazards Planning Research Center is currently preparing 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 Has Just Been Released and Is Available  Excellent in My Opinion

23. Natural Hazard Mitigation Association www.nhma.info American Bar Association Resolutions 107 A-G Adopted by the ABA House of Delegates January 2009 23 coverages Summary of 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.”

24. Natural Hazard Mitigation Association www.nhma.info 24 Why Are Floods Getting Worse? Fundamental Misunderstandings: Where is the Floodplain?

25. Natural Hazard Mitigation Association www.nhma.info 25 Special Flood Hazard Area If you prevent floodplain fill, you keep existing development safe.

26. Natural Hazard Mitigation Association www.nhma.info 26 Large areas of the floodplain are filled and developed. Fill

27. Larger Special Flood Hazard Area After Filling

28. Natural Hazard Mitigation Association www.nhma.info 28 Flood Heights May Increase Dramatically More Than a Half-foot Even in Fort Collins!  Other factors may well cause a significant increase in flood Heights  Legally permitted fill and encroachments  Wildfires  Debris Blockage

29. Serious Public Safety Issues Deeper and Higher Water Results?

30. Natural Hazard Mitigation Association www.nhma.info 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 30

31. Natural Hazard Mitigation Association www.nhma.info 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 31

32. Natural Hazard Mitigation Association www.nhma.info Why Are Governments Not Acting To Prevent Harmful Development?  NOAA Just Completed A Study Which Surveyed Planners As To Impediments To Safe Development  Two Major Reasons Cited:  Fear of the “Taking Issue”  Economic Pressure 32

33. Natural Hazard Mitigation Association www.nhma.info

34. Natural Hazard Mitigation Association www.nhma.info 34  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 An Classic Example of Externality  Who Pays For Disaster Assistance?  Who Benefits? Reason #1 For Insufficient Standards: Economics and Externality

35. Natural Hazard Mitigation Association www.nhma.info 35 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 and Sarah Bowen Publication "Patchwork Quilt” (Located at: http://www.floods.org/PDF/Post_Disaster_ Reconstruction_Patchwork_Quilt_ET.pdf b) By Disaster Victims Themselves

36. Natural Hazard Mitigation Association www.nhma.info 36 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

37. Natural Hazard Mitigation Association www.nhma.info 37 Why Should Government Do Something About This?  Fundamental Duty  Protect The Present  Preserve A Community’s Future

38. Natural Hazard Mitigation Association www.nhma.info 38 Why Else Should Government Do Something About This?  In a Word: Liability

39. Natural Hazard Mitigation Association www.nhma.info 39 Litigation for Claimed Harm Is Easier Now Than In Times Past  Forensic Hydrologists  Forensic Hydraulic Engineers

40. Natural Hazard Mitigation Association www.nhma.info 40 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 Foundation Available On Line at www.floods.org

41. Natural Hazard Mitigation Association www.nhma.info 41 Three Ways to Support Reconstruction Following Disaster Damage 1. Self Help: Loans, Savings, Charity, Neighbors 2. Insurance: Disaster Relief is a Combination of Social Insurance and Self Help 3. Litigation The preferred alternative is… To have NO DAMAGE Due to Land Use and Hazard Mitigation

42. Natural Hazard Mitigation Association www.nhma.info 42 Lincoln, Nebraska Flooded Homes May Cost City Millions City Held Liable – Damages Still To Be Determined Photo: Lincoln Star Journal

43. Natural Hazard Mitigation Association www.nhma.info 43

44. Natural Hazard Mitigation Association www.nhma.info Short Legal Summary from Colorado  City owed a duty to landowner not to interfere with natural flow of river, either by plan of improvement adopted, or by a failure to maintain it such that flood burden on land was greater than if channel were left in natural state.  Denver v. Pilo, Supreme Court of Colorado, 102 Colo. 326; 79 P.2d 270 (1938) Denver v. Pilo 44

45. Natural Hazard Mitigation Association www.nhma.info 45 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)

46. Natural Hazard Mitigation Association www.nhma.info 46 Reason #2 Why Safer Standards Are Not Implemented: Concerns About A “Taking”

47. Natural Hazard Mitigation Association www.nhma.info 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 47

48. Natural Hazard Mitigation Association www.nhma.info 48 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

49. Natural Hazard Mitigation Association www.nhma.info 49 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)

50. Natural Hazard Mitigation Association www.nhma.info 50 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

51. Natural Hazard Mitigation Association www.nhma.info 51 Extremely Important US Supreme Court Case On Takings  Lingle v. Chevron, US Supreme Court No. 04- 163 Decided May 23, 2005

52. Natural Hazard Mitigation Association www.nhma.info 52 In Lingle, The Supreme Court States How To Determine If There Is A Taking  The Court Indicated that The Constitution Prohibits Government Regulation Is Functionally Equivalent to a Direct Appropriation of or Ouster from Private Property

53. Natural Hazard Mitigation Association www.nhma.info 53 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

54. Natural Hazard Mitigation Association www.nhma.info 54 Why Should Government Do Something About This?  Fundamental Duty  Protect The Present  Preserve A Community’s Future

55. Natural Hazard Mitigation Association www.nhma.info 55 Is There A Government Right to Prevent Harm?  Does Government Have a “Duty to Prevent Injurious Consequences from Floods?

56. Natural Hazard Mitigation Association www.nhma.info 56 Why Else Should Government Do Something About This?  In a Word: Liability

57. Natural Hazard Mitigation Association www.nhma.info 57 Floods and Litigation  When Someone Is Allegedly Damaged by the Actions of Others Who Pays?  This is a Fundamental Question of Law.

58. Natural Hazard Mitigation Association www.nhma.info 58 Grounds For Suit  Standard of Care for Professionals Is Increasingly High As Professionals Develop Increasingly Sophisticated Design Methods  Previously Accepted Defenses Such As the Common Enemy Doctrine for Flood Fighting is Increasingly Replaced By “Rule of Reasonable Person”  The “Reasonable Person” is Expected To Be Something Like An Expert When We Are Discussing Something Like Land Use

59. Natural Hazard Mitigation Association www.nhma.info 59 Proof of Causation of Harm Is Easier Now Than In Past Times  Forensic Hydrologists  Forensic Hydraulic Engineers

60. Natural Hazard Mitigation Association www.nhma.info 60 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 Causes Harm to a Third Party

61. Natural Hazard Mitigation Association www.nhma.info 61 In These Examples Of Community Legal Liability For Permitting Or Undertaking Activity Is There A Theme? YOU BET!!! What is that Theme?

62. Natural Hazard Mitigation Association www.nhma.info 62 The Theme  They did not do No Adverse Impact 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

63. Natural Hazard Mitigation Association www.nhma.info 63 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

64. Natural Hazard Mitigation Association www.nhma.info 64 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

65. Natural Hazard Mitigation Association www.nhma.info 65 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....” Iowa Code section 670.4(3)

66. Natural Hazard Mitigation Association www.nhma.info 66 A Solution  Go Beyond NFIP Minimum Standards  No Adverse Impact-CRS Type:  Development decision-making  Planning  Emergency Preparedness

67. Natural Hazard Mitigation Association www.nhma.info 67 Why Go Beyond the Current Minimum Standards? Flood damages are continuing and/or increasing unnecessarily! Current approaches deal primarily with how to build in a floodplain vs. how to minimize future damages

68. Natural Hazard Mitigation Association www.nhma.info 68 No Adverse Impact Floodplain Management (Such as Higher Standards for Floodplain Management)  What is “No Adverse Impact” Floodplain Management”?  ASFPM defines it as “…an Approach that ensures the action of any property owner, public or private, does not adversely impact the property and rights of others”

69. Natural Hazard Mitigation Association www.nhma.info 69 No Adverse Impact Explained NAI is a concept/policy/strategy that broadens one's focus from the built environment to include how changes to the built environment potentially impact other properties. NAI broadens property rights by protecting the property rights of those that would be adversely impacted by the actions of others.

70. Natural Hazard Mitigation Association www.nhma.info 70 What Is The Result Of Implementing Higher Standards?  PROTECTION OF THE PROPERTY RIGHTS OF ALL  Legally Speaking, Prevention of Harm is Treated Quite Differently Than Making the Community a Better Place.  Prevention of Harm to the Public Is Accorded Enormous Deference by the Courts

71. Natural Hazard Mitigation Association www.nhma.info 71 Higher Standards:  Are consistent with the concept of sustainable development  Provide a pragmatic method for regulation  Make sense on a local and regional basis  May be rewarded by FEMA’s Community Rating System, especially under the new CRS Manual  Can reduce the potential for litigation against a community

72. Natural Hazard Mitigation Association www.nhma.info 72 No Adverse Impact Floodplain Management  New concept?  No, it is a modern statement of an Ancient Legal Maxim  “Sic utere tuo ut alienum non laedas”  Use your property so you do not harm others  Detailed Legal Papers by Jon Kusler and Ed Thomas available at: www.floods.org  More information in ASFPM’s A Toolkit on Common Sense Floodplain Management at: www.floods.org

73. Natural Hazard Mitigation Association www.nhma.info 73 According To the Writings of One of Our Greatest Moral Philosophers - Mohandas K. Gandhi:  “Sic Utere Tuo Ut Alienum Non Laedas”  That Is, In English: Use Your Property So You Do Not Harm Others is:  “A Grand Doctrine Of Life And The Basis Of (Loving Relationships) Between Neighbors”

74. Natural Hazard Mitigation Association www.nhma.info 74 Who Else Likes Sic Utere…?  Colorado Supreme Court  The police power is an attribute of sovereignty and exists without any reservation in the constitution, being founded upon the duty of the state to protect its citizens and provide for the safety and good order of society. * * * It is founded largely on the maxim sic utere tuo, ut alienum non laedas." People v. Hupp, 53 Colo. 80, 83 (Colo. 1912) People v. Hupp, 53 Colo. 80, 83 (Colo. 1912)

75. Natural Hazard Mitigation Association www.nhma.info 75 Group Exercise!  Do Reasonable, Fairly Applied Hazard Based Regulations Decrease The VALUE of A Property?  Not The Price, The VALUE. Hint: The Problem Of The Purloined Purse.

76. Natural Hazard Mitigation Association www.nhma.info 76 The Purloined Purse Defense  Fifth Amendment to the Constitution of the Unites States: “… nor shall private property be taken for public use without just compensation.”

77. Natural Hazard Mitigation Association www.nhma.info 77 Result  “The taking clause was never intended to compensate property owners for property rights they never had.” – Massachusetts Supreme Judicial Court Gove v. Zoning Board of Appeals 444 Mass.754 (2005) Massachusetts Supreme Judicial Court, decided July 26, 2005

78. Natural Hazard Mitigation Association www.nhma.info How About Another Defense?  I Have a Permit to Snatch Wallets and Purses?  Right Here-Look  Legislature Passed a Law to Help Raise Funds for Local Government REFORMATTE D - Legal Issues 78

79. Natural Hazard Mitigation Association www.nhma.info Purloined Purse In A Flood Context  Defendants built flood control works knowing that they could cause upland flooding, and such works were a substantial concurring cause of the injury. Akins v. California, 48 Cal. App. 4th 832 (Cal. App. 3d Dist. 1996) REFORMATTE D - Legal Issues 79

80. Natural Hazard Mitigation Association www.nhma.info A Conservative, Property Rights View  The Cato Institute Indicates that Compensation is Not Due When: “… regulation prohibits wrongful uses, no compensation is required.”

81. Natural Hazard Mitigation Association www.nhma.info 81 Other Contributing Factors:  Think about the following scenarios-  Debris blockage (models assumes no blockage)  Wildfires (exacerbated flows from burned vegetation)  Technical assumptions and other uncertainties

82. Natural Hazard Mitigation Association www.nhma.info 82 Might Fort Collins Wish To Consider These 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) Climate Variability and Climate Change

83. Natural Hazard Mitigation Association www.nhma.info 83 Hazard Based Regulation And The Constitution  Hazard based regulation is generally sustained against Constitutional challenges  Goal of protecting the public accorded ENORMOUS DEFERENCE by the Courts

84. Natural Hazard Mitigation Association www.nhma.info 84 Summary  Higher Regulatory Standards Are: A) Legal B) Equitable C) Practical D) Defensible in Court E) Supported by good economic analysis F) The very basis of sustainability G) Rewarded under the Community Rating System

85. Natural Hazard Mitigation Association www.nhma.info 85 Take Away Messages For Today Prevention  We Throw Money At Problems After They Occur  We Can Pay A Little Now; Or Society Pays Lots Later  The Legal System Is Ready To Help Society Pay Later

86. Natural Hazard Mitigation Association www.nhma.info Some Messages to Floodplain & Emergency Managers From My Negotiations Training  Floodplain & Emergency Mangers Have to Stop Being The Abominable No People!! 86

87. Natural Hazard Mitigation Association www.nhma.info 87 Find A “Yes”  We Are For Development  We Are For Safe Place For Our Citizens To Live  We Must Consider Others When We Develop  Channel Any Emotion Into Action

88. Natural Hazard Mitigation Association www.nhma.info 88 Steps to Uncover the “Yes”  Never Start With “NO!”  We Are Against NO  Start With What We Are For  We Want Your Development!  We Need The Tax Revenue

89. Natural Hazard Mitigation Association www.nhma.info 89 If Needed: Develop A Well Thought Out-Clear NO!  Know Your Stuff  Develop a Plan B  Build a Coalition-Partnerships  Who Shares Your Interests?  Take Away Their Ability To Launch A Surprise Attack  Consider The Worst Case  Consider The Worst Case If You Have To Live With A Yes, When You Should Have Said No  The Mirror Test

90. Natural Hazard Mitigation Association www.nhma.info If It Is A Good Project...  Yes.  Yes! 90

91. Natural Hazard Mitigation Association www.nhma.info 91 Take Away Message  Responsible For Community Development?  Many Areas Can Flood  Uninsured Victims Will Likely Sue-If They Can Find Someone to Blame  Fair Harm Prevention Regulation Helps Everyone

92. Natural Hazard Mitigation Association www.nhma.info 92 Take Away Message  Community Leaders Have Responsibility for Public Safety and Need To Be Aware:  Many Areas Can Flood  Uninsured Victims Will Likely Sue- and will try to find someone to blame  Fair Harm Prevention Regulations Help Everyone

93. Natural Hazard Mitigation Association www.nhma.info 93 Message For All Involved In Community Development  The Fundamental Rules of Development Articulated, By Law, Envision Housing and Development Which Is:  Decent  Safe  Sanitary  Affordable

94. Natural Hazard Mitigation Association www.nhma.info 94 Flooded Development Fails That Vision!  Housing And Development Which Flood Are:  Indecent  Unsafe  Unsanitary  Unaffordable- by the Flood Victims, By Their Community, By The State, and By Our Nation.

95. Natural Hazard Mitigation Association www.nhma.info Summary  Fundamentally Our Society Must Choose Either: Better Standards to Protect Resources and People or Standards Which Inevitably Will Result in Destruction and Litigation The higher regulations which Fort Collins is considering are a step in the Right Direction 95

96. Natural Hazard Mitigation Association www.nhma.info Next Steps  When is the Right Time to Do the Right Thing? 96

97. Natural Hazard Mitigation Association www.nhma.info 97 Questions and Answers