Green Infrastructure and the Law

Abstract

In the ever-evolving world of municipal water law, “green infrastructure” is a current hot topic that appears destined for longevity given the various benefits for water quality, community improvements, and legal compliance that most agree such an approach can provide. But there are risks and uncertainties associated with green infrastructure, in part because it is a new and innovative way to approach management of community wet weather challenges. This article provides an overview of the legal context for green infrastructure and highlights some of the risks associated with the new trend, as well as possible strategies for managing that risk from a legal perspective. The comments in this article are derived from the April 15, 2013, presentation on the same topic in Chicago at the American Planning Association's National Planning Conference “Law Day,” which focused on infrastructure planning.