Are county councils and planning departments responsible for allowing housing in flood zones?

Who is responsible? Local county councils and planning departments may be legally liable for losses associated with permitting housing to be built in known flood zones if they fail to follow proper procedures or if they ignore known flood risks.

Potential flood risks: In many jurisdictions, county councils and planning departments are required to follow specific procedures when considering proposals for development, including considering potential flood risks. If they fail to do so and allow development to proceed in a known flood zone, they may be held legally responsible for any losses that result from flooding.

If housing is approved in a flood zone: For example, if a county council or planning department approves a housing development in a known flood zone and the development is subsequently damaged by flooding, the county council or planning department may be held liable for any losses that result. This could include the cost of repairs or rebuilding, insurance claims, and other damages.

Failure to disclose risks: In addition, if a county council or planning department fails to disclose known flood risks to developers or to the public, they may be held liable for any losses that result from flooding. This is because they have a duty to disclose known risks to those who may be affected by them.

Overall, local county councils and planning departments can be legally liable for losses associated with permitting housing to be built in known flood zones if they fail to follow proper procedures or if they ignore known flood risks.

County councils and planning departments can be held legally liable for allowing housing in flood zones in Hawaii. Some situations might include the county being liable for failure to enforce the floodplain management ordinance. There are many examples of common law suits against governmental bodies after flooding and natural disasters.

Floodwaters in Kihei showing low-lying areas and wetlands
Floodwaters in Kihei show areas developed in flood-prone wetlands. (*More development is planned for this area).

 

Further Reading:

NO ADVERSE IMPACT AND THE COURTS: PROTECTING THE PROPERTY RIGHTS OF ALL Prepared for the Association of State Floodplain Managers By: Jon A. Kusler, Esq. and Edward A. Thomas, Esq. https://s3-us-west-2.amazonaws.com/asfpm-library/Legal/ASFPM_NAI_Courts_Protecting_Property_Rights_All.pdf