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Fifty Shades of Gray Infrastructure: Land Use and the Failure to Create Resilient Cities

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dc.contributor.author Rosenbloom, Jonathan
dc.date.accessioned 2018-03-29T13:51:55Z
dc.date.available 2018-03-29T13:51:55Z
dc.date.issued 2018-03
dc.identifier.citation 93 Wash. L. Rev. 317 (2018) en_US
dc.identifier.issn 0043-0617
dc.identifier.uri http://hdl.handle.net/1773.1/1776
dc.description Volume 93, no.1, March 2018 en_US
dc.description.abstract Jonathan Rosenbloom, Dwight D. Opperman Distinguished Professor of Law and Director of the Environmental and Sustainability Program, Drake University Law School Abstract: Land use laws, such as comprehensive plans, site plan reviews, zoning, and building codes, greatly affect community resilience to climate change. One often-overlooked area of land use law that is essential to community resilience is the regulation of infrastructure on private property. These regulations set standards for infrastructure built by private developers. Such infrastructure is completed in conjunction with millions of commercial and residential projects and is necessary for critical services, including potable water and energy distribution. Throughout the fifty states, these land use laws regulating infrastructure constructed by private developers encourage or compel “gray infrastructure.” Marked by human-made, engineered solutions, including pipes, culverts, and detention basins, gray infrastructure reflects a desire to control, remove, and manipulate ecosystems. Left untouched, these ecosystems often provide critical services that strengthen a community’s resilience to disasters and slow changes. This Article describes the current state of land use laws and their focus on human-engineered, gray infrastructure developed as part of private projects. It explores how that infrastructure is reducing community resilience to change. By creatively combining human-engineered solutions with ecosystem services already available and by incorporating adaptive governance into the regulation of infrastructure erected by private parties, this Article describes how land use laws can enhance community resilience. The Article concludes with several examples where land use laws are relied upon to help build costeffective, adaptive infrastructure to create more resilient communities. en_US
dc.language.iso en_US en_US
dc.publisher Seattle: Washington Law Review, University of Washington School of Law en_US
dc.subject Article en_US
dc.title Fifty Shades of Gray Infrastructure: Land Use and the Failure to Create Resilient Cities en_US
dc.type Article en_US
dc.rights.holder Copyright 2018 by Washington Law Review Association. en_US

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