Mitigation Rules and Regulations

This chapter discusses the major rules and regulations in the United States and other countries that provide the legal framework for carrying out hazard mitigation activities. The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) is the principal authority governing federal emergency and disaster response in the United States. The legislation authorizes the president to issue three categories of declaration, major disaster, emergency, and fire assistance declarations, in response to incidents that overwhelm the resources of state and local governments. The Disaster Mitigation Act of 2000 (DMA 2000), which amended the Stafford Act, made federal requirements for local governments to develop hazard mitigation plans (HMPs). Prior to the passage of this act, there was no defined structure for mitigation development and planning on the local level, nor were there any set of standards for anyone to follow. State, local, and tribal governments are required to develop an HMP as a condition for receiving certain types of nonemergency disaster assistance, including funding for mitigation projects from the federal government. The requirements and procedures for state, local, and tribal mitigation plans are described here, as explained in the Code of Federal Regulations (CFR). Also, there are many rules and regulations that do not focus on hazard mitigation but can result in reducing hazard vulnerability as a byproduct of their main objectives, which can be referred to as indirect mitigation programs such as the Coastal Barrier Resources Act, Coastal Zone Management Act, Clean Water Act, National Environmental Policy Act, and National Flood Insurance Act. Finally, the chapter describes the major legislations and frameworks in Japan, the United Kingdom, Australia, New Zealand, and India that have had an impact on mitigation planning and programs in respective countries.