Government officials will examine the local legislative process when crafting local coastal program amendments, including community outreach, noticing requirements, vulnerability assessments, application of best available science, public hearings, and the certification process with the California Coastal Commission.
Preeminent attorneys will consider the legal implications of managed retreat, especially in light of Article I Section I of the California Constitution. If the government denies owners the right to protect their property, does the government have to pay fair market value if it is destroyed? What are the legal implications of “rolling easements”? Can the government compel a property owner through the entitlement process to shift from being a fee owner to a lessee?
Stanley Lamport & Paul Beard - Joint Presentation
Panelists will delve into the economic consequences of various adaptation options, including: the cost to local governments of mandatory managed retreat; the cost in property damage and lost tax revenue of prohibiting protection of private property; cost/benefit analyses of various protection options; how the federal/state constitutional and Coastal Act requirements for just compensation inform the types of adaptation regulations a local government is fiscally capable of implementing.
Smart Coast California engaged Milliman, Inc. (Milliman) to assist in synthesizing some of the material used and promulgated by the California Coastal Commission (CCC). The scope of work focused on understanding the information used by the CCC and local planners in the Local Coastal Program amendment process. Four sea level rise studies were reviewed that were pertinent to the CCC’s work over the past decade. Milliman examined seven climate change vulnerability studies performed for various California coastal cities. The CCC’s guidance on incorporating sea level rise considerations into Local Coastal Programs was also reviewed. Where appropriate, Milliman highlighted challenges or inconsistencies, and developed recommendations for potential improvements.
Experts will explore the latest science of projected sea level rise in California and a variety of solutions in lieu of managed retreat, including kelp forestation, beach nourishment, living shorelines, artificial offshore reefs, perched beaches, and shoreline armoring.
