APA Connecticut Chapter


Friday, December 15, 2017
8:30 a.m. - 3:30 p.m. EST

Madison, CT, United States

CM | 5

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The is the second in what is expected to be a series of workshops exploring how sea level rise and climate adaptation efforts may be addressed through legal concepts like the Public Trust Doctrine and regulatory processes like permitting.  

As seal levels rise, storm events increase, flooding and storm surge cause more damage, the legal aspects of adapting to climate change are coming more to the forefront. How municipalities, state government, private landowners and business will be impacted is a legal area without a lot of precedent. This workshop will focus on:

Who gets to decide what can be built, where and how, and on what basis with a review of the Coastal Area management Act, Coastal site Plan review and an analysis of David Sams et al. v. CT Department of Environmental Protection, a narrative, real world illustration of the application of CAM and State and Municipal enforcement efforts regarding an unauthorized flood and erosion control structure.

-        Takings and Coastal Management

 -       Governmental Tort Liability for Disclosure of Flood Hazard Information

-         Property and Permitting Boundaries at the Shoreline

-         Flood and Erosion Control Structures

-         The public trust doctrine and submerged land ownership in relation to sea level rise, extreme storm events and owner initiated changes.

·         A review and preview of adaptation related zoning, variance, and flood regulation concerns.

·         A general review and update on taking law including physical and regulatory takings, eminent domain AND negotiations toward mitigation.


·         An opportunity for panelists and audience to identify outstanding legal questions for possible research follow-up by members of the legal community

This workshop will address potential legal issues arising from climate change and the need to adapt. All planners and land use officials will face complex legal issues related to the impacts of climate change, including land ownership, land use regulation and enforcement of laws in a changing environment. This workshop is designed to provide information on existing legal policies and procedures and explore the possible impacts of sea level rise, storm surge, erosion, flooding and other issues associated with climate change. 


Marjorie Shansky

Attorney Marjorie Shansky is a solo practitioner in New Haven where she practices in the areas of land use, zoning and real estate law. Her clients include municipalities, developers, environmental interests and private property owners in a broad array of planning and regulatory processes and judicial appeal in the Superior ... Read More

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