NO ADVERSE IMPACT

Preserving Our Watersheds 

Protecting Our Property Rights

February 21 and 22, 2008

Fairmont Hot Springs Resort

• Local Officials -- Would you like to know how development in hazardous and environmentally sensitive areas can be fairly, properly, and legally regulated?

• Builders -- Do you worry about getting sued if a development you’ve built near a water body causes problems for others?

• Landowners -- Has nearby development in the floodplain adversely impacted your property?  Are you concerned that local land use regulations may constitute a “taking” of your property rights?

• All Montana Citizens – Would you like new development in hazardous and environmentally sensitive areas to be managed in a way that both preserves our watersheds AND protects our property rights??

If your answer to any of these questions is YES, you won’t want to miss the opportunity to hear featured speaker Edward A. Thomas, Esq., developer of the No Adverse Impact (NAI) approach to floodplain and stormwater management.

NAI is defined as “…an approach that ensures the action of any property owner, public or private, does not adversely impact the property and rights of others.”  The objective of NAI is the safe and proper development of land subject to a hazard.

Mr. Thomas will discuss the origins of NAI, how it works in hazard management, how it’s regarded by the courts, and how it can be applied to assure that the property rights of everyone in the community are respected and protected.  Ed Thomas, with the Michael Baker Corporation of Quincy, Massachusetts, has 35 years of experience as a floodplain manager, disaster specialist, and attorney.  . 

This conference is targeted to:

• County Commissioners, Planning Board Members, and Tribal Leaders

• County Planners, Sanitarians, Floodplain Managers, and Emergency Managers

• Conservation Districts and Watershed Councils

• Public and Private Attorneys

• Ranchers and Other Landowners/Taxpayers

• Builders, Developers, Realtors

• State Legislators, State and Federal Resource Managers

• Grassroots Citizen Planning Groups

• Conservation Organizations

• All other interested citizens of Montana

Presentation on No Adverse Impact will address the following topics:

Legal Roots of a Do No Harm in Developing Land

Preventing Harm - Government's Rights and Duties

The Taking Issue

The United States Constitution and Court Decisions

How Efforts to Safely Regulate Can Be Challenged

Tools for Implementing NAI

A Call for Coordination among Water Resource Managers

Federal Disaster Assistance and Mitigation -National Flood Insurance Program

All presentations will provide ample time for questions and discussion.

This conference serves to meet Montana State Bar continuing legal education credits.

Our Sponsors:

Liz Claiborne/Art Ortenberg Foundation

Association of Montana Floodplain Managers

Butte Silver Bow County

Beaverhead County

Montana Smart Growth Coalition

Montana Fish, Wildlife & Parks

Dept. of Natural Resources & Conservation

Dept. of Environmental Quality

PBS&J

Montana Association of Planners

 Conference Registration