THE ALQUIST PRIOLO THE ALQUIST PRIOLO EARTHQUAKE FAULT ACT AS A EARTHQUAKE FAULT ACT AS A MODEL FOR OTHER HAZARD MODEL FOR OTHER HAZARD LOSS REDUCTION ACTIONSLOSS 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

Session T80

GEOLOGICAL SOCIETY OF AMERICAGEOLOGICAL SOCIETY OF AMERICAANNUAL MEETINGANNUAL MEETING

Denver, COOctober 30, 2007

22

PURPOSE OF PAPERPURPOSE 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

Photo by W. A. Bryant

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OUTLINE OF PRESENTATIONOUTLINE OF PRESENTATION

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

1.1. COMPONENTS OF SUCCESSFUL COMPONENTS OF SUCCESSFUL LAND-USE ZONING PROGRAMLAND-USE ZONING PROGRAM

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2.2. LESSONS LEARNED DURING 35-LESSONS LEARNED DURING 35-YEAR SUCCESSFUL YEAR SUCCESSFUL ADMINISTRATION OF THE AP ADMINISTRATION OF THE AP ZONING ACTZONING ACT

3.3. IDENTIFICATION OF IDENTIFICATION OF OPPORTUNITIES THAT FAVOR OPPORTUNITIES THAT FAVOR ENACTMENT AND ENACTMENT AND IMPLEMENTATION OF GEOLOGIC IMPLEMENTATION OF GEOLOGIC HAZARDS LAND-USE ZONING HAZARDS LAND-USE ZONING PROGRAMSPROGRAMS

4.4. BENEFITS OF LAND-USE BENEFITS OF LAND-USE REGULATION OF GEOLOGIC REGULATION OF GEOLOGIC HAZARDS – AP ACT AS A MODEL HAZARDS – AP ACT AS A MODEL

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SUCCESSFUL ZONING COMPONENT #1SUCCESSFUL ZONING COMPONENT #1

CLEARLY DEFINED OBJECTIVE CLEARLY DEFINED OBJECTIVE OF GEOLOGIC HAZARD ZONING OF GEOLOGIC HAZARD ZONING

PROGRAMPROGRAM 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

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SUCCESSFUL ZONING COMPONENT #2SUCCESSFUL ZONING COMPONENT #2

UNAMBIGUOUSUNAMBIGUOUS CRITERIA FOR CRITERIA FOR DEFINING GEOLOGIC HAZARD DEFINING GEOLOGIC HAZARD

ZONESZONES 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

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SUCCESSFUL ZONING COMPONENT #3SUCCESSFUL ZONING COMPONENT #3

GEOLOGIC INVESTIGATIONS TO GEOLOGIC INVESTIGATIONS TO DEFINE ZONESDEFINE 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

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SUCCESSFUL ZONING COMPONENT #4SUCCESSFUL ZONING COMPONENT #4

RESPONSIBLE PARTY TO RESPONSIBLE PARTY TO ESTABLISH ZONESESTABLISH 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

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

547 Earthquake Fault Zone Maps issued as

of 9/1/2007

36 Counties and 104 Cities affected

SacramentoSacramento

LosLosAngelesAngeles

SanSanFranciscoFrancisco

1010

OfficialOfficialEarthquake Fault Earthquake Fault

Zone MapZone Map

Niles Quadrangle

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OFFICIAL EARTHQUAKE FAULT ZONE MAPOFFICIAL EARTHQUAKE FAULT ZONE MAPNiles Quadrangle

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SUCCESSFUL ZONING COMPONENT #5SUCCESSFUL ZONING COMPONENT #5

DEFINE RESPONSIBLITIES OF DEFINE RESPONSIBLITIES OF ALL OTHER PARTIES IN ALL OTHER PARTIES IN ADMINSTERING ZONING ADMINSTERING ZONING

PROGRAMPROGRAM CA State Geologist & CGS Staff Issue Maps

CA Mining And Geology Board Hold Public Hearings On Maps And Adopt Them Officially For Regulation

*

* Under The AP Zoning Act All Geological Evaluations Must Be Done By CA Licensed Or Certified Geologists

*

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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 Licensed Or Certified Geologists

COMPONENT #5 ContinuedCOMPONENT #5 Continued

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ALQUIST-PRIOLO ACTALQUIST-PRIOLO ACT- RESPONSIBILITIES -- RESPONSIBILITIES -

State Geologist

Property Owners Developers

Adopts Mandated Policies Receives Review Comments Provides Technical Advice

Evaluates Faults Designates Earthquake Fault Zones Provides Advisory Services Requires Site Investigations Updates General Plans Reviews and Approves Projects Applies For Waivers

Determines Hazard at Site Avoids Hazard Discloses

State Mining & Geology Board

Cities & Counties

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ALQUIST-PRIOLO ACTALQUIST-PRIOLO ACT- RESPONSIBILITIES -- RESPONSIBILITIES -

STATE GEOLOGISTSTATE GEOLOGIST- Zones -- Zones -

MINING & GEOLOGY BOARDMINING & GEOLOGY BOARD- Policies & Criteria -- Policies & Criteria -

CITIES and COUNTIESCITIES and COUNTIES- Implementation -- Implementation -

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SUCCESSFUL ZONING COMPONENT #6SUCCESSFUL ZONING COMPONENT #6

ROBUST SYSTEM OF ROBUST SYSTEM OF PERFORMANCE PERFORMANCE

ACCOUNTABILITIES AND ACCOUNTABILITIES AND SANCTIONSSANCTIONS

CA State Geologist & CGS Staff

CA Mining & Geology Board & Staff – Licensing And Political Consequences

All Geologists Involved in AP Are Subject to License Loss and Financial Liability for Misfeasance or Malpractice

*

*

* Geologist Involvement

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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

COMPONENT #6 ContinuedCOMPONENT #6 Continued

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2.2. LESSONS LEARNED DURING LESSONS LEARNED DURING 35-YEAR SUCCESSFUL 35-YEAR SUCCESSFUL

ADMINISTRATION OF THE AP ADMINISTRATION OF THE AP ZONING ACTZONING 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

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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

LESSONS LEARNED ContinuedLESSONS LEARNED Continued

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3.3. IDENTIFICATION OF IDENTIFICATION OF OPPORTUNITIES THAT FAVOR OPPORTUNITIES THAT FAVOR

ENACTMENT AND ENACTMENT AND IMPLEMENTATION OF GEOLOGIC IMPLEMENTATION OF GEOLOGIC

HAZARDS LAND-USE ZONING HAZARDS LAND-USE ZONING PROGRAMSPROGRAMS

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

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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

OPPORTUNITIES for ENACTMENT ContinuedOPPORTUNITIES for ENACTMENT Continued

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4.4. BENEFITS OF LAND-USE BENEFITS OF LAND-USE REGULATION OF GEOLOGIC REGULATION OF GEOLOGIC

HAZARDS – AP ACT AS A MODELHAZARDS – 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)

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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

4. BENEFITS Continued4. BENEFITS Continued

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CONCLUSIONSCONCLUSIONS 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