UCLA Journal of Environmental Law and Policy

Unnatural disasters, such as floods and wildfires, are making many areas difficult to inhabit. For relocation to unfold in a safer and more equitable way, it must be done in a manner that (1) aligns with community values in each locality, (2) navigates legal barriers to managed retreat, and (3) creates blue-sky funding for adaptation, including managed retreat planning and implementation. This paper argues that developers continuing to build in climate vulnerable areas could and should help cover the risk of their actions. Part I lays out the legal importance of planning for retreat, as well as the need for initial funding for community-level planning and experienced personnel. Few scholars have explored options for municipalities to fund difficult conversations about and initial steps towards managing retreat. Thus, Part II explores how community benefit agreements between communities and developers in climate-vulnerable areas could play a role in bridging the gap between research and implementation. Part II also introduces the idea of a climate resilience development fee, which could provide the needed blue-sky funding to implement managed retreat. Part III analyzes the validity of a climate resilience impact fee in California and Florida, two states in which the consequences of climate change are severe enough for communities to begin to consider managed retreat.