Legal Implications of Compliance with Regulatory Green Infrastructure Requirements

The movement towards low impact development and other green infrastructure is accelerating. Regulatory agencies through permits issued to municipalities and otherwise are requiring cities and counties to mandate certain green infrastructure in their building codes and development agreements. This presentation will examine the legal implications of implementing this infrastructure and the extent to which current legal and regulatory frameworks encourage or discourage green infrastructure. Topics will include the extent to which regulatory agencies can direct municipalities to adopt buildings standards and codes, the extent to which a municipality could be liable for inappropriate design, responsibility for and the legal mechanisms available to assure that the infrastructure is maintained in the future, and the impact of low impact development on the water rights of downstream users.