FLOOD INSURANCE AND FLOOD PLAIN ZONING AS COMPATIBLE COMPONENTS: A MULTIALTERNATIVE APPROACH TO FLOOD DAMAGE REDUCTION

This paper presents an examination of the utilization of flood insurance as a viable element in a multiple alternative planning objective for flood plain regulation. An explanation of the physical, human and legal bases of this question will enable a more succinct understanding of the complexities involved in any such decision-making policies. There are certain legal barriers which must be understood and dealt with before implementing any zoning changes. One of these issues is whether or not there is an enabling act which permits the governmental unit involved to zone. A second problem revolves around the constitutionality of the proposed restrictions on the use of the land. Although there are no cases directly on point regarding the validity of federally-oriented flood insurance, the trends indicated by the judiciary appear to demonstrate that the police power could be extended to include the type of insurance program proposed by this paper. This acceptance of the utilization of the police power by localities and states would permit the implementation of this type of program, which in turn would better assist regionally-oriented planning procedures.

  • Corporate Authors:

    American Bar Association

    750 N. Lake Shore Drive
    Chicago, IL  USA  60611
  • Authors:
    • Markus, A L
    • Abrams, G H
  • Publication Date: 1974-9

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Filing Info

  • Accession Number: 00082727
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Mar 26 1975 12:00AM