Bow River Basin Council Legislation and Policy Committee Flooding in Rural Areas: Responsibilities and Liabilities Workshop Summary of the Workshop Feedback: Flooding in Rural Areas: Perspectives, Strategies, and Way Forward prepared by Judy Stewart, LL.M. (PhD Candidate) Chair, Legislation and Policy Committee April 7, 2014 Healthy Resilient Watershed Informed Active Citizens Ecological Cost/benefit Economic Cost/benefit Social Cost/benefit April, 2014 Page 1
1.0 Background On April 4, 2014, the Bow River Basin Council (BRBC) Legislation and Policy Committee (the Committee) hosted a workshop to share information about flooding on rural landscapes in the Bow River Basin. The purpose of the workshop, entitled Flooding in Rural Areas: Responsibilities and Liabilities, was to co-create knowledge about flood mitigation strategies for the rural social-ecological system and provide a way forward. Workshop participants included BRBC members and regional stakeholders from several sectors including the provincial government, municipalities, industries, and the general public. Presentations preceded the participant workshop activity: local subject-matter experts provided professional and personal knowledge and experiences about the effects of flooding on the rural social-ecological system. Five general themes framed the presentations, as follows: 1. High mountain creeks flood mitigation. Presenter: Andy Asarte, Canmore There will be flooding in the Bow Basin in the future. Each flood will be different. Flooding is designed by nature and provides many benefits to the natural world. Riparian areas are regenerated through flood events through influx of sediments, nutrients and energy. Flooding occurs where energy dissipation is possible. Rechannelization occurs within floodplains and creates new floodways. 2. The effects of flooding that you don t see. Presenter: Bill Motherwell, Engineer Flood events introduce large amounts of sediment and debris into reservoirs. Reservoir sedimentation leads to loss of upstream storage capacity. 3. Impacts on rural landscapes. Presenter: Shirley Pickering, Oldman Watershed Council Rural areas and small urban centres can be devastated in a flood. Not only loss of homes and businesses but contaminated wells and inundated septic systems. Landscapes remain under water for the growing season. Rural areas do not have the capacity to deal with floods the same way as in large urban centres. What happens to the debris left behind in the watershed? 4. Taking a broad comprehensive approach to planning for flood events. Presenter: Brad Stelfox, ALCES April, 2014 Page 2
There are some locations where rebuilding is not an option. These locations need to be identified and managed as natural areas that can accommodate future flood events. The landscapes perform the flood mitigation or flood accommodation function necessary to sustain the river or stream corridor. Relocation of some dwellings and businesses should be ongoing. Land use planning in flood risk areas needs an overhaul. Flood-proofing should not be an option. 5. Understanding the social/political effects of flooding Presenter: Mayor Craig Snodgrass, Town of High River Understanding the reality of social, political, and economic costs associated with large scale flood events needs to remain top of mind. What is the province doing to help us recover from the 2013 flood and prepare us for the potential of future floods? Who benefits and who pays from inappropriate land use in flood risk areas? Who should bear the risk? 2:0 Pre-workshop objective setting Prior to the workshop, the Committee met to develop shared workshop objectives and key messages. It was agreed that a summary report of the workshop would be prepared and reviewed by the BRBC, and then submitted to the Provincial Flood Recovery Task Force for consideration. With these objectives in mind, the Committee developed three desired outcomes of a flood mitigation program for the rural social-ecological system in the Bow River Basin, as follows: 1. Healthy resilient watershed 2. Process for public participation 3. Thorough cost-benefit analysis of solutions The Committee created a set of key messages based on what was known about the 2013 flood event to frame the presentations, the discussion, and the workshop feedback provided through this Report. April, 2014 Page 3
3:0 Key messages 1. The 2013 flood was not the biggest flood event in Alberta s history. Before human settlement and development of human infrastructure in flood risk areas, there were 2-3 much larger flood events than the flood of 2013. 2. Flooding, as a natural system dynamic, is beneficial to the watershed as it introduces energy, nutrients, and materials into the system. Flooding negatively affects the social-ecological system when it impacts what humans have put in the way of floodwaters. 3. We are trying to use science about flood dynamics to address human behaviours and human choices. Flooding has become a dynamic social-ecological process and feedbacks within the process determine how the system will adapt and evolve over time. Solutions to mitigate negative impacts of flooding are not all engineered solutions, as the natural system is also adapting and evolving. Resiliency is an emergent property of an adapting and evolving system. 4. The proposed solutions to flooding are urban-centered to protect human life and protect private property. There is a need to understand that urban-centered solutions can have consequences that are felt far upstream and far downstream in rural areas and throughout the watershed. 5. We assume the future will resemble the past, but in complex social-ecological systems and during dynamic processes like flooding, the future is unknown and unknowable, therefore unpredictable. Every flood will be different. 6. We need new ways of thinking. We need to work together to transform how we think about flooding and the solutions to mitigate the negative social-economic effects of flooding. We cannot solve our problems with the same thinking we used when we created them. Albert Einstein April, 2014 Page 4
4.0 The Workshop Workshop participants were asked to form groups of between 6-10 people to discuss two broad open-ended questions related to flooding in the rural social-ecological system in the Bow River Basin: 1. The next disaster may not be a flood. But what if it is? How are you taking responsibility to prepare for flood events? 2. How do we build resilience into the social-ecological system of the watershed so that we can accommodate the next flood? What can government do? What can municipalities, citizens, and industry do? The groups were then asked to create key messages from their discussion that would frame this Report. The workshop key messages can be grouped under six broad headings: 1. Education Educating about severe weather events must start at the earliest ages. Citizens must take responsibility to inform themselves about flood risks. Communities must create realistic expectations of what can be done to mitigate impacts of flooding in flood risk areas. Process is recognised as important to achieving public buy-in for flood mitigation solutions. 2. Communication Communities must create key messaging to be used throughout the nested network. Community associations have a role to play in information transfer. WPACs and Watershed stewardship groups can be instrumental in communicating before, during, and after flood events. Funding for communications is a necessity. Communications must be solutions-oriented and empowering. Emergency plans should be known, understood and practiced. 3. Re-thinking flood risk areas We need provincial leadership to stop buildings and roads in floodplains. Municipalities must not allow buildings or roads in floodplains. Governments may need to remove buildings and roads from floodplains. Government and citizens must reduce the overall human footprint that currently occupies our floodplain inventory in the basin. Government must compare the life cycle costs of restricting buildings and roads in floodplains as prevention, versus buyouts and channelization of watercourses to mitigate against flood impacts. April, 2014 Page 5
Government must create flood risk area maps based on consistent criteria and data that is scientifically sound and understood by citizens. We must all use resilience thinking and practice to manage flood risk areas for resilience. 4. Taking personal responsibility and the role of insurance Complacency is not an option. Citizens must reconsider storing valuables in the basement. Flood risk affects the whole community, not just the individual. Everyone must stop passing the buck. Invent sense of community where everyone takes responsibility. 5. Municipal responsibility and risks Municipalities need provincial leadership, regulations, and funding to address flood risks and mitigation processes and solutions. Municipalities must adopt the precautionary principle in decision-making about development proposals in flood risk areas. Municipalities must not approve buildings, roads and infrastructure in flood risk areas. Municipalities must not allow any intensification of use in flood risk areas. Municipalities might require retrofits of electrical and mechanical systems to be moved to top story in existing buildings in flood risk areas. Municipalities must create riparian land and wetland policies that protect for flood attenuation function. Municipalities and developers need better understanding of the purpose and application of environmental reserves section of the Municipal Government Act. 6. Three-legged stool for cost-benefit analysis of solutions. Private operators are essential during flood events and need to be considered when planning. Cost-benefit analysis must use a systems approach. Province needs better forecasting, alert system, gauging stations and back up emergency systems for energy, water supply, and waste management during flood events. Province must determine the sustainability of the proposed solutions. All stakeholders must use resilience thinking and resilience practice to discover solutions that manage the system for resiliency. As much as possible, all stakeholders must use natural solutions and natural ecological infrastructure to attenuate flood risk. All stakeholders should look for silver buckshot solutions, not for a silver bullet that doesn t exist. Brad Stelfox. April, 2014 Page 6
5.0 Key Messages and Strategies to Address Them This Report provides strategies and ways forward to address the six key message categories. The feedback from the workshop is provided as DESIRED OUTCOMES OF FLOOD MITIGATION and STRATEGIES TO ACHIEVE THOSE OUTCOMES in a Traffic Light Trilogy: GO, CAUTION, STOP. GO is for strategies to achieve outcomes where no changes are required to existing legislation or standard technological practices. GO represents the low-hanging-fruit. CAUTION must be exercised for outcomes and strategies where consequences may need to be considered and where new methodologies might not be fully tested. STOP provides outcomes of current practices that need to be discontinued as soon as possible, and strategies that may help to stop current practices. 5.1 EDUCATION WAY FORWARD GO DESIRED OUTCOMES OF FLOOD MITIGATION People who live in flood risk areas know not to panic and what to do in the event of a flood. Homeowners who live in flood risk areas understand how to flood-proof their homes and take personal responsibility. Students understand the social-economicenvironmental impacts of changing weather events. University faculties encourage research in flood preparedness and mitigation strategies. STRATEGIES TO ACHIEVE OUTCOMES Create a citizen s manual to help people understand standard responses to disasters and severe weather events. Create a homeowner s guide to flood-proofing a home; basement storage; and understanding the function and maintenance of sump pumps; water wells and septic systems. Introduce in grade school and high school curricula along with general emergency preparedness. Work with Alberta s universities to create research programs for flood risk assessment and preparedness. April, 2014 Page 7
CAUTION STOP Province recognizes that southern Alberta has different weather event risks than elsewhere in the province. Give expression to community voices. Use citizen science, monitoring and reporting systems. STOP: Provincial interactions with public is top-down, command and control and reactive. Province develops policies, protocols and practices for dealing with weather events in southern Alberta to demonstrate an understanding of unique potential social and economic impacts. Develop co-ordinated system for receiving and processing weather and flood information generated by citizens. Create a citizen s information website where citizen science can be created and assessed for distribution. Strategy: Province moves to a preventative participatory model for cocreation of knowledge and about flood dynamics and preparedness. 5.2 COMMUNCIATION WAY FORWARD GO DESIRED OUTCOMES OF FLOOD MITIGATION Create key messages about climate change, weather patterns, and major weather events. STRATEGIES TO ACHIEVE OUTCOMES Hold workshops with subject matter experts to determine key messages that all Alberta citizens should understand. Create newspaper articles, press releases, information April, 2014 Page 8
circulars, and websites where people can learn more about changing weather events and what they can do to prepare. CAUTION STOP Citizens, industries and municipalities will work together to be solutions focused. The early warning system for floods is improved. Key messaging will be integrated and reflect good information. EOCs use social media for communications. STOP: Communications are directed to EOCs but not to the general public. Use WPACs as networks to share key messaging about flood protection and preparedness throughout the network, for example to watershed stewardship groups and other stakeholders. Provincial early warning system is improved in consultation with municipalities, industry, WPACs and citizens. Key messages are delivered through a nested or fanned-out system to ensure that messaging from citizens is received by EOCs and that citizens receive information from EOCs. Strategy: Information is communicated quickly to all those who may benefit. April, 2014 Page 9
5.3 RETHINKING FLOOD RISK AREAS WAY FORWARD GO CAUTION STOP DESIRED OUTCOMES OF FLOOD MITIGATION People understand that riparian lands and wetlands are flood risk areas that are regenerated through floods and that need flooding in order to sustain healthy watersheds and water supply. Buildings and roads are setback appropriate distances from watercourses and water bodies. River and stream corridors and natural drainage courses are protected from development of buildings and roads. Flood mitigation processes use a systems approach. Develop flood risk insurance programs. STOP: Municipal designation of flood risk areas as 1:100 where that risk has been exceeded STRATEGIES TO ACHIEVE OUTCOMES Create workshop and conferences to teach stakeholders about the function and value of riparian lands and wetlands as flood risk areas. Create building development setback guidelines based on function and value of riparian lands and wetlands for flood mitigation for adoption by municipalities in land use bylaws. An inventory of river and stream corridors and natural drainage courses is used to create flood risk area development overlays for determining appropriate permitted and discretionary land uses. Council exercises direct control within overlay areas. A systems approach is used to plan for land use management in flood risk areas. Work with insurance agencies to ensure that flood risk is an insurable loss. Strategy: Legislation restricting municipal designation of flood risk areas less than 1:100 and April, 2014 Page 10
more than 3 times in past 10 years. STOP: Province and reservoir operators stop ignoring the need to assess lost storage capacity in reservoirs, funding to develop flood risk area maps that show inundation over past 10 years. Strategy: Legislation that requires all reservoirs to be assessed for lost storage capacity and regularly cleaned of sediment. 5.4 TAKING PERSONAL RESPONSIBILITY AND INSURANCE WAY FORWARD GO CAUTION STOP DESIRED OUTCOMES OF FLOOD MITIGATION Citizens take personal responsibility for flood and disaster preparedness. Citizens understand what to do in response to early warning system. Consider the what, where and when of flood prevention and flood risk. Land titles include location in flood risk area STOP: Complacency and thinking flood risk is STRATEGIES TO ACHIEVE OUTCOMES Create a citizen s manual to help people understand standard responses to disasters and severe weather events. Hold citizen and community preparedness response events within neighbourhoods through community associations and NGOs. Maps are created to demonstrate where floods will be most likely to occur and what citizens can expect during flood events. Province creates a regulation that requires disclosure of flood risk and previous flood damage on land titles to mitigate against buyer beware. Strategy: Homeowner flood preparedness kits. April, 2014 Page 11
someone else s problem. STOP: Industry keeps information about their operations during flood events to themselves. Strategy: regulations are put in place whereby industry is required to disclose operational irregularities during flood events. 5.5 MUNICIPAL RESPONSIBILITY AND RISK WAY FORWARD GO DESIRED OUTCOMES OF FLOOD MITIGATION Minimize risk of flooding on private lands. STRATEGIES TO ACHIEVE OUTCOMES Designate flood risk areas as overlays districts with limited permitted and discretionary uses Municipalities create flood risk area overlays for whole community. Municipalities protect riparian lands and wetlands from building development. Municipalities understand and apply environmental reserve provisions in MGA consistently demonstrating understand of the purpose and function of environmental reserves. Provincial funding is provided to assist with creation of flood risk area overlays that use consistent criteria and data collection and analysis. Land use bylaws reflect riparian land and wetland conservation and management policies. Avoidance of development in riparian lands and wetlands is top priority. AUMA and province work with WPACs and other NGOs to put on conferences and workshops to teach municipalities and developers the purpose of environmental reserves provisions in the MGA, and April, 2014 Page 12
CAUTION STOP Flood-proofing is allowed in flood risk areas. Municipalities require retrofitting of all buildings in flood risk area so that mechanical and electrical equipment is moved to top floor of building. Changes are made to plumbing and building code to improve systems. STOP: Development of residences and industrial buildings in flood risk areas. STOP: Province downloads the responsibility for flood risk area management on municipalities that have no capacity or resources to do the work required. how the provisions should be implemented at the time of subdivision of lands. Developers build up areas and create flood berms, and flood proof homes under existing approved subdivisions. Municipalities work with early adopters to incent retrofitting of buildings. Voluntary retrofitting is rewarded with economic incentives. Province works with federal government to ensure that best technology and industry practices are reflected in plumbing and building codes. Strategies: Section 96 of the Water Act is used to discourage municipal infrastructure development in flood risk areas. New legislation restricts municipal approvals of development in flood risk areas. STOP: Flood mitigation solutions move flood risk upstream or downstream in the basin. STOP: Government rejects Province compiles existing knowledge bank about flood risk areas and creates a new provincial system for future additions to the knowledge bank by consultants. Strategy: Potential April, 2014 Page 13
information created by industry consultants and recreates its own competing flood risk area assessments. upstream and downstream impacts on rural lands is given top priority by province in designing and funding flood mitigation solutions. Strategy: Government uses consultants reports and new technology such as 2D flood mapping, LIDAR etc. to create standard flood risk area assessment criteria and standards. 5.6 COST-BENEFIT ANALYSIS OF SOLUTIONS WAY FORWARD GO CAUTION DESIRED OUTCOMES OF FLOOD MITIGATION Use triple bottom line to analyze cost-benefits of all proposed engineered solutions; social solutions; and natural solutions to mitigate impacts of flooding. Measure and manage flood mitigation in an active and adaptive way. Find ways to determine health and resiliency of flood risk areas. Invest in prevention. STRATEGIES TO ACHIEVE OUTCOMES Use consultants and university graduate students to create costbenefit analysis templates for use by province and local governments. Government to compile reports created by consultants and develop provincial criteria for costbenefit analysis of flood mitigation solutions. Watershed stewardship groups work with health assessment tools (Cows and Fish) to determine the approximate health and resiliency of local watersheds. Create budget for flood prevention. April, 2014 Page 14
STOP Province buys back land in flood risk areas and uses land for regional parks and passive recreation. STOP: Using a cost-benefit analysis that only considers economic costs-benefits. Buy-back programs, conservation easements and tradable development credit system is used to protect flood risk areas from future development. Strategy: Consider the cumulative impact of multiple mitigation initiatives instead of large scale engineered solutions. April, 2014 Page 15