THE ALQUIST PRIOLO EARTHQUAKE FAULT ACT AS A MODEL by plj11999

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									       THE ALQUIST PRIOLO
   EARTHQUAKE FAULT ACT AS A
    MODEL FOR OTHER HAZARD
    LOSS REDUCTION ACTIONS
         James F. Davis, former CA State Geologist,
    Earl W. Hart, former Manager of AP Zoning Program,
Richard J. McCarthy, Director CA Seismic Safety Commission,
             John G. Parrish, CA State Geologist

        GEOLOGICAL SOCIETY OF AMERICA
              ANNUAL MEETING
                         Denver, CO
                      October 30, 2007
                         Session T80
         PURPOSE OF PAPER
   To Generically Outline Components Of An
    Effective Land-Use Zoning Program To
    Reduce Losses From Geologic Hazards As
    A Model For Other Programs




                                              2

      Photo by W. A. Bryant
    OUTLINE OF PRESENTATION
    1.   COMPONENTS OF SUCCESSFUL
         LAND-USE ZONING PROGRAM

   Clearly Defined Objective Of Zoning Program
   Unambiguous Criteria For Defining Zones
   Geologic Investigations To Define Zones
   Responsible Party To Establish Zones
   Define Responsibilities Of All Other Parties
    In Administering Program
   Define System Of Accountabilities And
    Sanctions Necessary To Assure Compliance
    With Regulations
                                               3
2.   LESSONS LEARNED DURING 35-
     YEAR SUCCESSFUL
     ADMINISTRATION OF THE AP
     ZONING ACT
3.   IDENTIFICATION OF
     OPPORTUNITIES THAT FAVOR
     ENACTMENT AND
     IMPLEMENTATION OF GEOLOGIC
     HAZARDS LAND-USE ZONING
     PROGRAMS
4.   BENEFITS OF LAND-USE
     REGULATION OF GEOLOGIC
     HAZARDS – AP ACT AS A MODEL
                                   4
     SUCCESSFUL ZONING COMPONENT #1
CLEARLY DEFINED OBJECTIVE
OF GEOLOGIC HAZARD ZONING
        PROGRAM
   The Alquist Priolo Earthquake Fault Zone
    Program Is Established To Avoid Placing
    Structures For Human Occupancy On Traces
    Of Active Surface Faults Where Ground
    Rupture Can Cause Property Losses And
    Casualties

   The Placement Of Structures Off Of Active
    Faults Is The Only Practical Mitigation
    Measure
                                                5
      SUCCESSFUL ZONING COMPONENT #2
    UNAMBIGUOUS CRITERIA FOR
    DEFINING GEOLOGIC HAZARD
              ZONES
   AP Active Fault Zones Boundaries Are:

    • Delineated to Have Outer Boundaries ~500
      Feet from Identified Trace of Active Fault
      with Evidence of Displacement During Last
      ll,000 Years

    • Issued on 1:24,000 Scale USGS Topographic
      Maps with Turning Points in Zone
      Boundaries at Locatable Features on Map 6
    SUCCESSFUL ZONING COMPONENT #3
GEOLOGIC INVESTIGATIONS TO
      DEFINE ZONES
   Use Of Data From Previous Investigations
    Including Surface And Subsurface
    Examinations

   Use Of Signature Characteristics Of Active
    Faults From Aerial Photography And Other
    Remote Methods

   Detailed On Ground Geologic Mapping

                                                 7
     SUCCESSFUL ZONING COMPONENT #4
       RESPONSIBLE PARTY TO
         ESTABLISH ZONES

   AP Zoning Act Designates The California
    State Geologist And The California State
    Geological Survey To Prepare AP Zone Maps

   The Zones Are Approved Officially For Land-
    Use Regulation By The Gubernatorially
    Appointed California Mining And Geology
    Board Which Advises The State Geologist


                                                  8
INDEX TO AP EARTHQUAKE FAULT ZONE MAPS
                  (1974 – 2007)




547 Earthquake Fault
Zone Maps issued as
    of 9/1/2007                   Sacramento



36 Counties and 104          San
                             Francisco

   Cities affected




                                               Los
                                               Angele
                                               s
                                                        9
     Official
Earthquake Fault
   Zone Map

Niles Quadrangle




                   10
OFFICIAL EARTHQUAKE FAULT ZONE MAP
          Niles Quadrangle




                                     11
       SUCCESSFUL ZONING COMPONENT #5
     DEFINE RESPONSIBLITIES OF
       ALL OTHER PARTIES IN
       ADMINSTERING ZONING
             PROGRAM
*  CA State Geologist & CGS Staff Issue Maps
                         Board Hold
*  CA Mining And GeologyAdopt Them Public
    Hearings On Maps And            Officially
     For Regulation


* Under The AP Zoning Act All Geological Evaluations Must Be Done By CA
Licensed Or Certified Geologists                                    12
COMPONENT #5 Continued

     Before Local Governments Can Consider
      Developments (>4 Units) In AP Zones They
      Must Require Developers To Do Onsite
      Evaluation Of The Hazards Present
*    Developers Submit Investigations To Local
      Governments Showing Proposed Structures
      Away From Hazard
*    Local Governments Review The Development
      Proposals And Elected Governing Body Makes
      Decisions on Land Use
     An Appeals Process Exists
     Realtors & Owners Must Disclose To
      Prospective Buyers That Their Structures Are
      Within AP Zones
     Local Governments Must File All On Site
      Geologic Reports With CA State Geologist
* Under The AP Zoning Act All Geological Evaluations Must Be Done By CA
                                                                    13
Licensed Or Certified Geologists
 ALQUIST-PRIOLO ACT
            - RESPONSIBILITIES -
 State Mining &
                       Adopts Mandated Policies
 Geology Board         Receives Review Comments
                       Provides Technical Advice

                       Evaluates Faults
State Geologist        Designates Earthquake Fault Zones
                       Provides Advisory Services

                       Requires Site Investigations
Cities & Counties      Updates General Plans
                       Reviews and Approves Projects
                       Applies For Waivers


Property Owners
                       Determines Hazard at Site
   Developers          Avoids Hazard
                       Discloses
                                                        14
   ALQUIST-PRIOLO ACT
      - RESPONSIBILITIES -

STATE GEOLOGIST
     - Zones -




      MINING & GEOLOGY BOARD
                 - Policies & Criteria -




                 CITIES and COUNTIES
                          - Implementation -


                                               15
       SUCCESSFUL ZONING COMPONENT #6
           ROBUST SYSTEM OF
             PERFORMANCE
          ACCOUNTABILITIES AND
              SANCTIONS
  All Geologists Involved in AP Are Subject to License Loss and Financial
                   Liability for Misfeasance or Malpractice


*  CA State Geologist & CGS Staff
              & Geology Board & Staff –
*  CA Mining And Political Consequences
    Licensing

* Geologist Involvement                                                16
COMPONENT #6 Continued


*  Geologic Consultants &/Or Geologic Staff Of
    Developers And Local Governments

     Developers Loss Of License, Voiding Of
      Approvals, Financial Liability

     Elected Local Governing Boards, Political
      Consequences And Financial Liabilities

     Realtors Loss Of License And Financial
      Liabilities

     Owners, Voiding Of Sale And Financial
      Liabilities

* Geologist Involvement                           17
2. LESSONS LEARNED DURING
        35-YEAR SUCCESSFUL
      ADMINISTRATION OF THE AP
             ZONING ACT
   Importance Of Internal Consistency In
    Establishing AP Zones – No Successful Suits
    Brought Against CGS And CA Mining &
    Geology Board

   Professional Licensing Of Geologists Assures
    Capable & Objective Assessments in Private
    and Public Sectors

                                               18
LESSONS LEARNED Continued


     Required Communication Between CGS & CA
      Mining & Geology Board And Local
      Governments Has Many Collateral Benefits -
      - State Is Trusted Source Of Other Geologic
      Information, Local Awareness Of Geologic
      Hazards Within Their Jurisdictions

     State Agency Awareness Of The Necessary
      Components Of Successful Land-Use
      Regulation Of Geologic Hazards

     Geologic Community Aware Of How To Use
      Future Opportunities To Enable Passage Of
      Additional Future Land-Use Regulation Of
      Geologic Hazards

                                                  19
       3. IDENTIFICATION OF
  OPPORTUNITIES THAT FAVOR
      ENACTMENT AND
IMPLEMENTATION OF GEOLOGIC
  HAZARDS LAND-USE ZONING
        PROGRAMS
   Capability Of Identifying Circumstances That
    Create Key Opportunities For Successful
    Legislation

These Are Usually Based On Briefly Heightened Public
Awareness Of Hazard That Justifies The Establishment Of
Land-Use Regulation Program                           20
OPPORTUNITIES for ENACTMENT Continued

     Pre-opportunity Development Of Consensus
      Within The Geologic Community Regarding
      Approach, Content And Value Of
      Contemplated Land-Use Regulation

     Pre-opportunity Identification Of Key
      Legislative Sponsor(s) Through Dialog With
      The Geologic Community In Advance Of
      Opportunities

     Plan To Mobilize Geologic Community To
      Action When Opportunities Arise

     Frequent High Quality Communications By
      The Geologic Community to the Public and
      Decision Makers Before Public-Awareness
      Based Opportunities Develop
                                                   21
4.  BENEFITS OF LAND-USE
  REGULATION OF GEOLOGIC
HAZARDS – AP ACT AS A MODEL
   Long Term Investment In Avoiding Losses
    Due To Surface Rupture

   Systematic Identification Of Recency Of
    Surface Faulting Throughout State Expands
    Overall Knowledge Of Earthquake
    Vulnerability (Earthquake Probabilities
    Estimates, Size Of Potential Events,
    Placement & Design of Lifelines, and Input
    to Applied & Academic Investigations)
                                                 22
4. BENEFITS Continued




     Successful Administration Of AP Act Enable
      Passage Of Other Legislation – CA Seismic
      Hazards Zoning Act

     Greater Public And Local Government
      Awareness Of Geologic Hazards And Their
      Consequences

     Greater Awareness Of Geologic Hazards
      Within The Realtor And Developers
      Communities



                                                   23
               CONCLUSIONS
   The Outlined Components Of The AP Act Are
    Essential To Successful Administration Of Any
    Effective Program Of Land-Use Regulation Of
    Geologic Hazards
   State-wide Programs Are Desirable
   Establishment Of Hazard Zone Maps By State
    Geological Survey Is Desirable
   Coordination Of Activities With A Central Land-
    Use State Planning Agency (If One Exists) Is
    Desirable
   Inclusion Of Local Government Land-Use
    Decision Makers And Regulators Participation
    In The Zoning Process Is Essential
   Successful Enactment Of Hazard Land-Use
    Regulation Requires Consensus Among All Of
    The Stake Holders In The Geologic Professional
    Community Prior To Passage                   24

								
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