Legal Consequences of Adopting New Floodplain Maps in New Hampshire

July 2013
Citation:
43
ELR 10564
Issue
7
Author
Katherine Garvey

To mitigate potential property damage and risk to human safety from increased flooding, many communities across the United States are considering whether to amend and expand floodplain maps and corresponding regulatory tools. Some local governments worry that new floodplain regulations will give rise to litigation, as new laws may restrict development on private property. A local government might face three potential challenges as a result of adopting such regulations, including that the ordinance exceeds the enabling authority, violates substantive due process, or violates equal protection.

Katherine Garvey is Director of the Land Use and Sustainable Development Law Clinic, West Virginia University College of Law.

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Legal Consequences of Adopting New Floodplain Maps in New Hampshire

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