3. Legal Framework for Coastal Adaptation to Rising Sea Levels in Germany

The purpose of this chapter is to analyze if and to what extent the current legal framework in Germany enables adaptation to rising sea levels. The regulations examined mostly relate to either flood protection or climate change adaptation. The chapter begins with a brief introduction to Germany’s legal system, before moving on to risk assessment and funding. After exploring these general issues, the chapter’s focus shifts towards the different coastal adaptation strategies, starting with the dominating ‘protect’ strategy. First of all, this includes regulations on protection structures, primarily on dikes that characterize the mainland coast of the German North Sea. In this context, the role of property rights is examined with regard to expropriation. The investigation then continues by addressing flood-resistant design and insurance as examples of an accommodation strategy. Legal instruments of spatial and land use planning on limiting further development are subsequently explored. Afterwards, the thesis addresses whether a retreat strategy could be implemented under the existing law, particularly with regards to property rights. The chapter continues with an examination of intersecting areas like nature conservation that impact coastal adaptation. In this context, state liability for inadequate coastal adaptation is explored since this also constrains state action. As a final step, the current regulations are evaluated and suggestions for improvement made.