State agencies are creatures of the state and can only delegate those authorities i dont ride my horse to win races i ride to feel strong vintage poster that have been specifically delegated to them by their state legislature. State and local coastal governments interested in
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depending on the purpose of or need for a tool. For example, buyout strategies coupled with housing and infrastructure investments in receiving areas could require a municipality i dont ride my horse to win races i ride to feel strong vintage poster to evaluate hazard mitigation, infrastructure, affordable housing, and historic preservation laws. To ensure that all applicable laws are identified and addressed in decisionmaking processes, governments should seek to engage legal staff early and often and coordinate across relevant agencies. For retreat strategies that have an emphasis or focus on conserving coastal wetlands or other resources like dunes and facilitating their inland migration, these laws may play a prominent role in shaping government actions.
For example, many states already provide local governments the power to create zoning and overlay districts or Transfer of Development Rights programs for broad conservation purposes. Local governments, however, may require or benefit from explicit statutory authorizations to use either of those tools to achieve managed retreat goals, for example, to protect and remove development from wetland migration corridors. Explicit or clear statutory authorizations can encourage governments to take actions to adapt to climate change by removing the legal uncertainty around their authority to do as such. Regardless, it is important to emphasize that local governments generally have broad powers to take actions to protect the public health, welfare, and safety of residents, and should not let a lack of clear explicit legal authority be an excuse for failing to take actions to address climate threats, like sea-level rise, using existing police powers. Depending on the structure of a state’s coastal, environmental, or natural resources programs, the state and local levels of government could have separate or shared jurisdiction.