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<br />001170 <br /> <br />C. Floodplain Managers <br /> <br />Most floodplain management litera- <br />ture addresses the question of "how" <br />more than "who." Responsibility is <br />vaguely assigned to "the public" for <br />carrying out floodplain management <br />measures. But this conveniently over- <br />looks the complex nature of private and <br />public environmental decision-making <br />in the United States. To paraphrase <br />Pogo, "The public is us." . <br />As noted earlier, rivers form bound- <br />aries between many units of private <br />ownership and public jurisdiction. Rivers <br />also flow across boundaries from one <br />unit into another. All of these various <br />entities-national, state, county, munic- <br />ipal, and private-collectively are the <br />public. Authority to manage floodplains <br />is shared by all of them. Viewed another <br />way, no single private or public entity <br />has complete authority to cope with its <br />Own flood problem. Coordination among <br />management units is essential. <br />Before turning to the ways in which <br />coordination may be achieved, let us <br />briefly review the powers and character- <br />istics of each type of manager. <br /> <br />1. The Private Owner <br /> <br />In the United States, the private land- <br />owner is a key figure in the floodplain <br />management process. Owners have great <br />discretion over the use of their land. <br />Furthermore, under the riparian doctrine, <br />owners of land next to surface waters <br />have certain rights as to the use of the <br />shore line and water. Landowners have <br />great freedom to determine whether, <br />how, and when to develop their prop- <br />erties. The owner's free will is con- <br />strained only by public health, safety, <br />and welfare considerations. This freedom <br />of the private landowner is, of course, a <br />major concern in the floodplain context. <br />Floodplain management is most effec- <br />tive when the landowner is cooperative; <br />prolonged disputes or litigation to up- <br />hold floodplain management objectives <br />are expensive. Probably the best way to <br />encourage private responsibility is to <br />fully inform the owner about the nature <br />and extent of the flood hazard. Thus, <br />floodplain management to a great extent <br />involves education and public awareness. <br />The property owner or private investor <br />must realize respect for floods or other <br /> <br />natural hazards is essential to wise <br />decision-making. <br /> <br />2. Municipalities <br /> <br />The rr.unicipality (city, town, incor- <br />porated village) is the workhorse of land <br />use regulation in the United States. <br />Through state enabling acts, municipali- <br />ties have the authority to plan and regu- <br />late land use within their jurisdictions. <br />They also are vested with authority to <br />acquire land through purchase, gift, or <br />eminent domain for a variety of uses- <br />parks, conservation areas, school sites, <br />etc., provided that such acquisition is <br />for a public purpose. Municipalities thus <br />have the power to guide development <br />away from floodplains. Until recently, <br />however, few had used this power ef- <br />fectively. Too often, floodplains were <br />regarded as convenient sites for indus- <br />try, housing, or shopping centers. The <br />short-run gains in employment and taxes <br />have dictated these choices, and the <br />long-run costs of catastrophic flood <br />losses were often ignored. <br />Most municipalities are not set up to <br />assume major responsibility in flood- <br />plain management by themselves. Typi- <br />cally, they are small in area and exercise <br />authority only over a small portion of a <br />total watershed or floodplain. Their <br />boundaries are likely to be shaped er- <br />ratically and may be altered by land <br />annexation (other than in certain north- <br />eastern states, where municipal bound- <br />aries are static). Municipalities often <br />allocate little or no money for planning <br />services. Finally, the politics of local <br />governments can often work against <br />floodplain management. <br />Nevertheless, about 17,000 local gov- <br />ernments (including counties) have en- <br />rolled in the National Flood Insurance <br />Program. Of these, about 12,000 are <br />in the "emergency program, .. which does <br />not yet require significant management <br />regulations. The remainder, however, <br />have entered the "regular program," <br />which requires adoption and enforce- <br />ment of floodplain zoning and related <br />measures based on technical engineering <br />data provided by the Federal Emergency <br />Management Agency. <br />Progress in local floodplain manage- <br />ment is less than one would desire. A <br />small watershed typically includes com- <br />munities with different levels of regula- <br /> <br />16 <br />