The Association of State Floodplain Managers Inc. (ASFPM) published this Guide as part of its mission to promote education, policies and activities that mitigate current and future losses, costs and human suffering caused by flooding. Founded in 1977, the organization had over 19,000 members as of 2023, including members in 38 state chapters. ASFPM supports professionals involved in floodplain management, flood hazard mitigation, flood preparedness and flood warning and recovery. Members represent local, state and federal government agencies, citizen groups, private consulting firms, academia, the insurance industry and lenders.
Suggested Citations:
Suggested Legal Citation:
GERALD MURPHY, THOMAS RUPPERT & EMMA CAMPBELL, ASSOCIATION OF STATE FLOODPLAIN MANAGERS, NO ADVERSE IMPACT LEGAL GUIDE FOR FLOOD RISK MANAGEMENT V.23.06 (2023).
Suggested General Citation:
Association of State Floodplain Managers. June 2023. No Adverse Impact Legal Guide for Flood Risk Management. (v.23.06) Madison, WI. no.floods.org/NAI-Legal.
Acknowledgements:
This guide was funded by the Association of State Floodplain Managers Board of Directors and in part by the Federal Emergency Management Agency.
Principal investigators and authors – legal memos:
- Jerry Murphy, J.D., AICP, CFM – State Specialized Program Agent, Program for Resource Efficient Communities, University of Florida
- Thomas Ruppert, Esq. – Coastal Planning & Legal Specialist, Florida Sea Grant, University of Florida
- Emma Campbell, Esq. – Florida Sea Grant Legal Fellow, Elisabeth Haub School of Law at Pace University
Authors and advisors – No Adverse Impact content and resources:
- Janet Thigpen, CFM – Flood Mitigation Specialist, Southern Tier Central Regional Planning & Development Board, New York; Co-Chair NAI Committee
- Terri L Turner, AICP, CFM – Principal / Owner, HALO Strategic Planning; Co-Chair NAI Committee
Additional investigators and authors – legal memos:
- Justin Weatherwax, Esq. – Florida Sea Grant Legal Fellow, University of Miami School of Law
- Jordan Maun, J.D. Candidate, Florida Sea Grant Extern, University of Miami School of Law
- Tyler Rudolph, J.D. – Florida Sea Grant Extern, University of Miami School of Law
- William Schwartz, J.D. – Florida Sea Grant Extern, University of Miami School of Law
Special appreciation is extended to the following individuals who assisted in the review and creation of this publication:
- Chad Berginnis, CFM – Executive Director, Association of State Floodplain Managers
- John Ryan-Henry, J.D. – Policy Analyst, Coastal States Organization
- Richard Norton, J.D., Ph.D. – Professor, Urban and Regional Planning, Taubman College of Architecture and Urban Planning, University of Michigan
- Samantha Medlock, CFM, J.D. – Senior Counsel, Select Committee on the Climate Crisis at U.S. House of Representatives
- Ed Thomas, Esq. – Principal, Edward A. Thomas Esq., LLC; President
- French Wetmore, CFM – President, French & Associates, Ltd.
- Niki Pace, CFM, J.D., LL.M. – Research Attorney, Sustainability Coordinator, Louisiana Sea Grant Law & Policy Program
- Michele Donato, Esq. – Principal, Michele R. Donato, P.A., New Jersey
- Jack Smith, J.D. – Partner, Nelson Mullins Riley & Scarborough LLP
- Scott Pippin, J.D., M.E.P.D., CFM – Public Service Associate, Carl Vinson Institute of Government, University of Georgia
- Richard Hamann, J.D. – Emeritus Associate in Law, Levin College of Law, University of Florida
- Mary-Carson S. Stiff, J.D., CFM – Deputy Director, Wetlands Watch
- Lawrence Dunbar, P.E. – Water Resources & Environmental Engineer / Consultant, Texas
Production, project management, copy editing, website development and final formatting and design were completed by the following ASFPM Flood Science Center staff:
- Jeff Stone, GISP, CFM – Research Director & Legal Guide Project Manager
- Beth Klusinske – Research Analyst and Technical Editor
- Jason Hochschild – Web and GIS Administrator
- Dave Fowler, CFM – NAI Subject Matter Expert
- Jacob Jett, Ph.D. – Research Librarian
- Melissa Haig, MLIS – Research Librarian
Changelog for v.23.06
- Added sections:
- II.E.1. State Police Powers
- II.E.2.e. Liability for Problems Due to Permitting
- IV.A. Fourteenth Amendment
- IV.B.3.d. Facial vs. As-Applied Challenges
- Added missing name to Acknowledgments section
- Miscellaneous minor edits
Previously Published Versions
These previous versions of the NAI Legal Guide are provided for reference only. Please refer to the most recent published version found at https://no.floods.org/NAI-Legal.