Hazard mitigation

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  • (a) In addition to measures regarding disasters preparedness as included in the Plan, the Governor and the Director shall consider on a continuing basis steps that could be taken to mitigate hazards that cause an emergency or major disaster. At the Governor's direction, and pursuant to any other authority and competence they have, territorial agencies, including but not limited to those charged with responsibilities in connection with flood plain management, stream encroachment and flow regulation, weather, fire prevention and control, air quality, public works, land use and land-use planning, and construction standards, shall make hazard mitigation studies and provide financial resources and manpower to implement hazard mitigation actions. From time to time the Governor shall make recommendations to the Legislature, and other appropriate public and private entities as may facilitate hazard mitigation or risk reduction measures.

  • (b) The Department of Planning and Natural Resources shall advise VITEMA concerning structures and other facilities which are particularly susceptible to severe land shifting, subsidence, flood, or other catastrophic occurrence. The studies under this subsection shall concentrate on means of reducing or avoiding the hazards.

  • (c) If the Director believes on the basis of the studies or other competent evidence that:

    • (1) An area is susceptible to any emergency or major disaster of catastrophic proportions;

    • (2) The existing building standards and land-use controls in that area are inadequate and could add substantially to the magnitude of the disaster; and

    • (3) That changes in zoning regulations, other land-use regulations, or building requirements are essential in order to further the purposes of disaster preparedness planning; he shall specify needed changes to the Governor and those agencies with jurisdiction over the area and subject matter. If the Governor and said agencies upon review of the recommendations find that the changes are necessary, appropriate rules and regulations or executive orders may be promulgated in the manner provided by law to implement those changes.

  • (d) The Governor, at the same time that he makes his recommendations pursuant to subsection (c) of this section, may by executive order suspend the standard of control which are determined to be inadequate to protect the public safety and put in place temporary standards or controls in effect. The temporary standards or controls shall remain in effect until the appropriate rules and regulations or executive orders to be issued under subsection (c) hereof are promulgated according to law, but, in any event, may not be effective for more than 90 days. During the time it is in effect, the temporary standard or control contained therein shall be administered and given full effect by all relevant agencies of the Territory to which it applies.


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