Floods and nature-based solutions. A call for a legal approach

Abstract

Floods are recurrent events that are expected to increase in a climate change context. Nature-based solutions (NBS) are increasingly used in flood risk management, as they offer multiple co-benefits. Different policies and strategies, such as the European Union Biodiversity Strategy for 2030, advocate for implementing NBS. However, they require more land than grey infrastructure. The needed land often belongs to private persons and is thus protected from unlawful, disproportional state interference. Therefore, state authorities should establish a suitable legal framework to enforce the adoption of NBS on privately owned land. These provisions could stem from national or EU regulations concerning disaster risk management, environmental protection, or spatial planning. For those provisions to be successful, it is important to establish a strong partnership with stakeholders.