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Preparation and Adoption of RSLUPs in Nepal

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Preparation and Adoption of Risk Sensitive Land Use Plans in the New Federal
Context of Nepal

Chapter · February 2021


DOI: 10.1007/978-3-030-55563-4_10

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Chapter 10
Preparation and Adoption of Risk
Sensitive Land Use Plans in the New
Federal Context of Nepal

Chandra Laxmi Hada, Rajib Shaw, and Anil Pokhrel

Abstract Nepal is one of the most disaster-risk countries in the world. Increase
in frequency and severity—particularly for floods, landslides, and fires and unpre-
dictability of disaster events such as earthquake, is overwhelming Nepal’s already
limited disaster risk reduction and management (DRRM) capacities and impeding
sustainable development progress. Rapid urban growth fueled by migration, high
levels of poverty and inequality, unplanned urban developments, climate change, and
a culturally pervasive sense of fatalism are the key reasons for increased disaster risk
in Nepal. Despite the increased awareness along with preparedness plans, programs,
and projects on DRRM, the levels of risk continue to grow. To reduce risk, there
are a number of disaster-resilient planning techniques used, among which, the Risk
Sensitive Land Use Planning (RSLUP) has been regarded as an evidence-based tool
to understand risk, plan and to reduce risk. In Nepal, until so far only eight RSULPs
have been prepared, but its use as a planning tool is increasingly getting popular.
In the new federal structure, the municipalities have been given full responsibilities
for developing the policy legislations, standards for local level development plans
and projects. Further, there has been tremendous growth in the generation of hazard,
exposure, and vulnerability data fundamental to the preparation of RSLUPs. In this
context, it is important to look at an evidence-based land use planning approach
as a core element for future development in municipal governments to understand
risk while undertaking land use planning, and to integrate RSLUP into the munic-
ipal planning process including sectoral plans. This chapter would focus on how to
effectively enhance collaborative, participatory, and interactive approach for risk-
sensitive land use planning, and fully integrate into a mandatory planning process.
The research is to postulate a framework that enables collaborative, participatory,
and iterative approach for the implementation of the RSLUP through integration in

C. L. Hada (B)
SPURS/MIT, Cambridge, USA
e-mail: clhada@yahoo.com
R. Shaw
Keio University, Tokyo, Japan
A. Pokhrel
Plan8 Risk Consulting, Kathmandu, Nepal

© Springer Nature Switzerland AG 2021 175


R. Djalante et al. (eds.), Integrated Research on Disaster Risks, Disaster Risk Reduction,
https://doi.org/10.1007/978-3-030-55563-4_10
176 C. L. Hada et al.

municipal development plan. This study will draw on past examples of RSLUP in
urban municipalities in Nepal. The unique needs of vulnerable population, including
socially excluded groups, will be included in RSLUPs, and activities that address
risk. The developed RSLUP framework will serve as a model for other municipalities
in Nepal, which is very relevant to the new federal system in the country.

Keywords Nepal · Risk sensitive land use planning · Disaster risk · Urban ·
Municipality · Restructuring

10.1 Introduction

10.1.1 Overview of Disaster Risk in Urban Municipalities

Nepal is vulnerable to multiple natural hazards—floods, landslides, fires, earth-


quakes, glacier lake outburst floods, and disease outbreaks. The 2015 Nepal earth-
quake and its aftershocks caused over US$ 7 billion in damages and losses and
killed nearly 9,000 people (Source Ministry of Home Affairs -MoHA, Nepal). The
capital city Kathmandu including other cities within Kathmandu valley is the world’s
most at-risk seismic urban area. The high urban density, haphazard planning, and
largely unimplemented building codes have compounded potential earthquake risk
in most urban areas. Nepal’s current population is estimated at 28.4 million, and
it is projected that by 2030 will be 33.3 million and by 2050 will be 36.4 million
(World Population Projections 2050). The total population was 26.5 million in 2011,
and only 17.1% of the total population lived in 58 municipalities. The Constitu-
tion of Nepal 2015 has declared the country a Federal Democratic Republic with
7 provinces, 77 districts, and 753 municipalities (6 metropolitan cities, 11 sub-
metropolitan cities, 276 municipalities, and 450 rural municipalities). A total of
293 municipalities out of a total of 753 municipalities are classified as urban munici-
palities that contributes more than 60% in Nepal (Source: Ministry of Federal Affairs
and General Administration—MOFAGA, Nepal).
In addition, Nepal is one of the top ten fastest urbanizing countries in the world
with an urbanizing rate of 1.9 per annum. Nepal’s urban population grew from 13.9%
in 2001 to 17% in 2011 and has now reached to 58.4% in 2017. Several studies
indicate that the current pace of urbanization in Nepal will continue but the level
of urban growth is still at low level. Urbanization indirectly indicates economic
growth, but it also means intensive concentration of population exposed to disaster
and then high level of vulnerability. Nepal is a typical example of a country with
rapid urbanization coupled with low economic activity but with social development
barriers, which culminates to a high level of climate change vulnerability.
The government has taken more steps to advance disaster risk management and
improve climate resilience after 2015 earthquake. It enacted the new Disaster Risk
Reduction and Management (DRRM) Act in 2017, which promotes DRR focused
approach to resilience building. If properly enforced, it can ensure that disaster
10 Preparation and Adoption of Risk Sensitive Land Use Plans ... 177

risk reduction is mainstreamed into development plans and policies to promote


sustainable development.
Even though the urban population in Nepal is exponentially increasing, the major
chunk of the urban population is still living in a rural setting with limited basic urban
amenities and services. The urban municipalities of Nepal are of typical character -
more than 50% of the total area in an average is still rural, with agriculture farm land,
thatch-roof houses, and narrow roads still common features of the urban municipal-
ities. With the growing urbanization trend, urban disaster risk is also increasing at a
rapid pace. Just like other disaster vulnerable countries, Nepal has also recognized
this fact and is giving attention to the evolving demand for disaster risk reduction in
urban centers of Nepal.
The Local Disaster Risk Management Plan (LDRMP)—2010 issued by the
Ministry of Federal Affairs and General Administration (MOFAGA) has been a major
guiding document for undertaking risk analysis and development of risk manage-
ment plan in Nepal. Similarly, Local Adaptation Plan of Action (LAPA) framework
prepared by the Ministry of Forest and Environment (MOFE) is being used to prepare
local level climate change adaptation actions at the municipal levels. The MOFAGA
has begun the process to integrate municipal level DRRM and climate change adap-
tation planning using a common and coherent tool called Local Disaster and Climate
Resilience Plan (LDCRP), which is still in draft version.
Disaster risk in urban areas is increasing due to high population density, unplanned
development practices, unsafe construction, and lack of urban planning, poverty, and
high inequality in terms of access to public services. As cities continue to urbanize
risk level increases particularly in the lower-middle-income countries like Nepal
where the pace of urbanization is fastest. Although urban growth rate in Nepal is
high, population distribution across cities and towns remains uneven. This can have
a variety of effects on the development of urban communities. As Nepal’s urban popu-
lation has exceeded the rural population, the number of urban disasters is increasing
and impacts are also on the rise. Reducing disaster risk caused by natural hazards is
largely a development issue and needs to be addressed within the context of a wider
urban development framework.

10.1.2 Urbanization in the New Federal Structure

Nepal’s 2015 constitution set the course for a tectonic shift of power from the federal
to the provincial and municipal levels of government. The government is in the
process of developing and refining its legal frameworks, comprising of more than
a dozen different acts that assign disaster risk reduction and management roles and
responsibilities to different Government of Nepal (GON) entities, and resulting in
inefficiencies and confusion during and after disaster events. A good step in the
process is that under the new federal structure, the recently passed Local Governance
Operations Act, 2017 (MoFAGA) shifts the responsibility for disaster risk reduction
and management to the municipalities.
178 C. L. Hada et al.

The DRRM is among 22 exclusive powers that are now the responsibility of
devolved authorities. Schedule 9 of the constitution has spelled out the DRRM func-
tions of all three levels of government—the federal, province, and local levels—
with significant decentralization for decision-making, resources management, and
service delivery systems. For disaster resilience, the constitution authority to local
governments for “Disaster management” falls under Sect. 10.8: on the jurisdiction
of local government. However, “Disaster management” also appears on the concur-
rent list for federal state and local jurisdictions. Low capacity and unfamiliarity with
disaster management approaches and principles, particularly in municipalities that
have recently graduated to urban municipalities, will likely hamper the ability of
local governments to prepare for, reduce risks and respond to disaster events.

10.1.3 Overview of Risk Sensitive Land Use Planning and Its


Implications to the New Federal Structure

The 2015 earthquakes and the widespread flooding in 2017 resulted in large-scale
loss of life, livelihood, and property. Not only earthquake and floods, but the country
has also been facing multiple hazards like windstorm in Tarai and landslides in hilly
regions each year. To reduce the risk of such disasters; risk reduction needs to be
addressed in land use plan and should be enforced and implemented.
The DRRM Act, 2015 and the National Strategic Action Plan for Disaster Risk
Reduction 2018–2030 (Source MoHA) require every local government to prepare
their local DRRM Law and action plans. With the support of federal government, the
ministry (Ministry of Federal Affairs and General Administration and Ministry of
Urban Development), along with the self-initiation of Local government, nearly all
753 local governments are in the process of preparing their local DRRM Law1 and
strategic action plans. With the circular from the federal government, it has made
compulsory to local government to prepare such integrated urban development plans.
The newly elected municipal representatives in 2017 and the municipal staff often
have limited understanding on DRRM concepts, technical capacities, and finances
to undertake disaster risk reduction actions and knowledge to include risk reduction
in existing planning and management practices at the local level. As a consequence,
disaster risk reduction is often undertaken in a reactive manner following a major
disaster. Land use planning however provides an opportunity for proactive risk reduc-
tion through location-based and/or structural approaches in the form of comprehen-
sive plans, zoning, and building regulations. If land use planning is formulated based
on systematic processes of risk assessment, implemented diligently and monitored
continuously, it has the potential to reduce existing, future, and residual risks. In
Nepali context RSLUP is prepared as a separate planning document that has been
mostly financed by development partners has weak chance of implementation as

1A model DRRM Law drafted by the MOFAGA serves as a sample for local municipalities to
prepared their local DRRM Law.
10 Preparation and Adoption of Risk Sensitive Land Use Plans ... 179

mentioned earlier. Overall three risk zones are identified, ranging from high-risk zone
(red zone) to low-risk zone (green zone). Different development control strategies
have been suggested to each zone.
The Gorkha earthquake in 2015 and the 2017 floods could have largely added
to the learning and lessons from the disaster but ongoing isolated planning process
related to fundamental development and resilience seems to indicate a completely
different picture. The necessity to integrate such planning process is an essential
aspect for the resilience urban development.
The impact of natural and man-made hazards can be reduced through adequate
planning and incorporating specific DRR measures in land use planning and urban
development processes, thus minimizing the human, economic, and environmental
damage. By increasing the resilience of communities, DRR also improves the ability
of people and infrastructure to recover from disasters. Land use planning can influ-
ence reduction of disaster risks through the development of strategic land use plan as
well as an assessment of development applications on the basis of the adopted plan.
The RSLUP is a disaster risk reduction tool that helps identify high-risk areas in
settlements, land use behaviors, zoning, land use functions, existing building regu-
lation, and incorporate disaster risk management component in urban development
plans. RSLUP advocates appropriate planning to ensure reduced vulnerability to
the hazards associated with the disaster are taken into account. RSLUP is an inte-
gral component of DRR as it ensures locations for proposed development are safe,
reducing vulnerabilities to disasters caused by natural hazards. RSLUP is a mech-
anism that integrates factors related to informed Disaster Risk Reduction (DRR)
into land use planning. It is a planning document prepared by development agen-
cies, which identifies the safest areas to prioritize immediate investments in urban
development and infrastructure projects. However, experience to date shows that
preparation of RSLUP under the auspices of different development organizations
and some by municipalities lack implementation due to various reasons. One such
reason could be attributed to the preparation of separate municipal plan (viz. periodic
plan or Integrated Urban Development) by the municipalities.

10.2 Methodology

The methodology comprises of reviewing past experiences in preparing the eight


RSULPs in Nepal along and drawing on global best practices. Similarly, an extensive
review and interpretation of policy documents related to planning to make the process
for different municipal plans with a special focus on disaster vulnerability reduction
provision were carried out. These include DRRM Act, 2017; Local Governance Oper-
ations Act, 2017; National Urban Policy, 2007; National DRR Policy, 2017; Land Use
Policy, 2015; National Urban Development Strategy 2017, Municipal periodic plan
making directives, National Strategic Action Plan for DRR: 2018–2030; National
Development Strategy 2017; Building Byelaws, 2006; Urban Planning & Develop-
ment Act, Building Code for Nepal, 2017; Terms of Reference of Integrated Urban
180 C. L. Hada et al.

Development Panning including RSLUP; Methodology of IUDP and RSLUP; and


the Sendai Framework for Disaster Risk Reduction and the Urban Agenda, etc.
Interviews with select representatives of Nepali institutions and professionals
along with consultations with selected municipal leaders have to be undertaken. For
this, the process of RSLUP preparation was studied and interpreted and second,
the quantitative method (corelational strategies) is used to understand the people’s
perception in areas for which RSLUP was prepared. Further, ongoing joint research
on RSULP being undertaken by the Lead Author and one of the participating authors
will also be used to validate findings. The authors will explore whether RSLUP
prepared for urban settings in areas affected by the 2015 Nepal Earthquake have been
used for subsequent reconstruction and recovery works. There has been a tremen-
dous growth on the generation of data and information on hazards, micro-zonation
assessment, GIS mapping including the use of open source tools and vulnerability
information. State of these information will be collected and its relevance in future
RSLUPs will be explored.
The sample RSLUPs include the RSLUP for Kathmandu Valley and other seven
RSLUPs prepared in different regions and their thorough process was identified and
studied. The detailed process of RSLUP viz. Development of Municipal Baseline
Information, Multi-hazard Risk and Vulnerability Assessment, and Development
of the Proposed Risk Sensitive Land use plan were analyzed. The risk assessment
was detailed out and carried out step-by-step review that generates the necessary
information for risk sensitive land use planning.
The authors interacted with municipal authorities, communities, private sectors,
IT professionals, disaster professionals, planners, and relevant stakeholders. The
finding also draws from the Disaster Preparedness Network’s conducted on May 30,
2019.

10.3 History of RSLUP in Nepal

The RSLUP takes strategic approaches to reduce the exposure and vulnerabilities to
risks through nonstructural approaches that identify the safest locations for priori-
tizing investments in urban and infrastructure development. While risk-based land
use planning can inform urban spatial development plans, comprehensive risk reduc-
tion requires social and economic policies and programs that increase the capacity
of the urban population to adapt to disaster risks. For example, hazard maps can
improve the quality of zoning, but a good zoning map and related regulations may
not be enforceable if the people affected cannot afford to retrofit or relocate to avoid
the mapped disaster risks. The development of RSLUP has considered four-phased
approach viz.
• Development of information and knowledge base needed for evidence-based
decision support in planning
• Development of RSLUP and implementing tools and bye-laws
10 Preparation and Adoption of Risk Sensitive Land Use Plans ... 181

• Participation of stakeholders and concerned in collaborative decision-making; and


• Capacity building and mainstreaming.

The need for preparedness plan, program, and projects to reduce the loss of lives and
properties has already been realized and acted upon. There has been an attempt to
make different disaster-resilient plans, among which, RSLUP technique is one to help
municipal governments in reducing risk. RSLUP has been prepared for Kathmandu
Metropolitan City in 2010; RSLUP only for earthquake risks in five municipalities
were prepared in 2009; Multi-Hazard RSLUP of Kathmandu Valley (three districts
and 22 municipalities) in 2015; Chautara Municipality in 2016; and Changunarayan
Municipality in 2017. All RSLUPs were prepared to take the existing conditions
to contribute to increased vulnerability of communities, compounding the possible
disruption of various functions and destruction of physical assets.
Nepal’s historic settlements both within Kathmandu valley and outside resembled
elements of planning and sensitivity to disaster risk. Sankhu, for example, is one of
the oldest settlements in the Kathmandu Valley, established by the Licchavi Kings.
The oldest inscription found in Sankhu is dated 538 AD. Like any other ancient town
in the Kathmandu Valley, Sankhu is a compact settlement away from the flood plains
of Saalinadi. Aside from the historic necessity for defense and the need for proximity
to cultivated farmlands, the compact form of vertically oriented living in Sankhu—
or any Newar town for that matter is strongly motivated by concerns to preserve
rich farmlands and minimize their use for residential purposes. Similar trend can
be observed in Bungamati, Khokana, Lubhu, Kathmandu, Patan, and Kirtipur where
settlements have been planned considering risk factors. It is only during recent years,
urban settlement has seen a rampant growth and in most cases devoid any planning
including for disaster risk. Only seven towns and Kathmandu Valley has experienced
the preparation of RSLUPs in Nepal. The following sections provide a summary of
RSLUPs prepared.

10.4 RSLUP for Kathmandu Valley

10.4.1 2002 Seismic Risk Assessment in Kathmandu Valley


GIZ, EMI, Kathmandu Valley, 2010

The GoN carried out the study on Earthquake Disaster Mitigation in the Kathmandu
Valley in 2002 with the support from JICA. The Kathmandu Risk Sensitive Land
Use Planning, 2010 is one of two pilot applications of mainstreaming disaster risk
reduction in megacities project. It aims to mainstream disaster risk reduction in
the development strategies and legislation of Kathmandu Metropolitan City (KMC)
through the development of a risk-sensitive land use plan, advocacy campaigns,
policy formulation, interinstitutional coordination and strengthening of local insti-
tutions. It fully integrates disaster risk reduction within its spatial and physical
182 C. L. Hada et al.

development strategies including regulatory and nonregulatory planning tools, bye-


laws, regulations, and procedures. The program is an initiative of Earthquakes and
Megacities Initiative (EMI), German Committee for Disaster Reduction (DKKV),
Kathmandu Metropolitan City, Kathmandu Valley Town Planning Committee, and
National Society for Earthquake Technology.

10.4.2 RSLUP of Kathmandu Valley UNDP 2015–2016,


Kathmandu Valley

The hazard, vulnerability, and risk information are fully integrated into the latest
RSLUP of Kathmandu Valley 2015. UNDP’s Comprehensive Disaster Risk Manage-
ment Program supported this initiative. It intended to serve as driving parameters in
building the vision, strategies, programs, project, and activities contained therein. It
should be the benchmark document that hopes to fill an important gap in directing
and controlling sensible development in intended cities. The RSLUP of KV is only
approved by Kathmandu Valley Development Authority and sent to ministry council
for endorsement. Still, it has not endorsed formally. Other RSLUPs are only in
the report format and no further steps have initiated to implement by the imple-
menting agency. RSLUP document is important and should be referred by planners,
policymakers, and the government authorities for urban development.

10.4.3 Assessment of Earthquake Disaster Risk


for the Kathmandu Valley in Nepal, 2018

The Project for Assessment of Earthquake Disaster Risk for the Kathmandu Valley
in Nepal was supported by Japan International Cooperation Agency including
consulting companies from Japan in April 2018. Comparing the high risk of a future
earthquake in Kathmandu Valley, countermeasures such as the retrofitting of build-
ings for seismic resistance, land use control, and observance of the National Building
Code have not been promoted enough. It becomes a necessary and urgent issue to
update the risk assessment for future development plans and policies concerned with
disaster risk management. In this circumstance, the project was created with the main
components of seismic hazard assessment, seismic risk assessment, and formulation
of local disaster and climate resilience plans. The seismic hazard and risk assess-
ment were carried out for the whole Kathmandu Valley and pilot activities targeted
on three pilot municipalities: Lalitpur metropolitan city, Bhaktapur municipality, and
Budhanilkantha municipality.
Seismic risk assessment was carried out for the purpose of providing basic infor-
mation for the formulation of disaster risk reduction and management plans of pilot
municipalities, as the update of the risk assessment results of 2002 JICA project
10 Preparation and Adoption of Risk Sensitive Land Use Plans ... 183

of The Study on Earthquake Disaster Mitigation in the Kathmandu Valley. It was


performed based on the latest situation of buildings, population, etc., and taking into
account the new research results on risk assessment method as well as the charac-
teristics of ground motion, building damage, and human casualties caused by the
Gorkha Earthquake. The hazard and risk assessment of this project was targeted
only for earthquake as the most prioritized disaster. However earthquakes are not the
only target disaster in the pilot municipalities considering past disasters and possible
disasters, which might occur in the future.
This project, aiming at earthquake disaster risk reduction, which was started imme-
diately after the Gorkha earthquake, has achieved all of its goals for seismic hazard
assessment, seismic risk assessment and formulation of BBB plans, LDCRP and SOP
for three pilot municipalities, and implementation of CBDRRM activities, which
contributed considerably to the commitment of Nepal on the enhancement of DRR
and the response to the priority for action and global target of the Sendai Frame-
work for Disaster Risk Reduction (Sendai Framework). It must be understood that
the seismic hazard and risk assessment are carried out based on limited data and
recognize that there is a long way to go to implement the LDCRP developed by the
project. The further actions for mainstreaming seismic disaster risk reduction must
be implemented in a planned manner.
The project contributes to the Sendai Framework and recommendations to achieve
disaster risk reduction and increase resilience in Kathmandu Valley. And last, a
roadmap is proposed for the purpose of concrete disaster risk reduction. It is
highly expected that all of the project, aiming at earthquake disaster risk reduc-
tion, which was started immediately after the Gorkha earthquake, has achieved all of
its goals for seismic hazard assessment, seismic risk assessment and formulation of
BBB plans, LDCRP and SOP for three pilot municipalities, and implementation of
CBDRRM activities, which contributed considerably to the commitment of Nepal
on the enhancement of DRR and the response to the priority for action and global
target of the Sendai Framework for Disaster Risk Reduction (Sendai Framework). It
must be understood that the seismic hazard and risk assessment are carried out based
on limited data and recognize that there is a long way to go to implement the LDCRP
developed by the project. The further actions for mainstreaming seismic disaster risk
reduction must be implemented in a planned manner.

10.4.4 RSLUP of Changunarayan Municipality

RSLUP for Changunarayan municipality is a product of DCA funded innovation


project Promoting new Resilience Approaches in Younger and Smaller Municipali-
ties (PRAYAS). PRAYAS augmented on the urban Disaster Risk Reduction (DRR)
project PRAGATI funded by European Union through Civil Protection and Human-
itarian Aid (ECHO), which was implemented in Changunarayan municipality of
Bhaktapur district.
184 C. L. Hada et al.

This approach for Risk Sensitive Land Use Planning is relatively new in the DRR
and urban planning sector in Nepal. Disaster Risk Reduction in Megacities—Appli-
cations in Metro Manila and Kathmandu is only known significant project that had
developed a risk-sensitive land use plan for Kathmandu City. The team has stepped
further by initiating RSLUP in the municipality level to strengthen DRR on the local
level and capacitate the local government. The adoption of a comprehensive approach
comprised of 3 essential components for the RSLUP development built based on its
principle: (a) Development of municipal baseline information (b) Multi hazard risk
and Vulnerability Assessment (c) Development of Proposed Risk Sensitive Land Use
Plan.
RSLUP for Changunarayan municipality was developed based on the approach
which constituted of a database with baseline information and subsequent resource
mapping and then engaging elected representative and relevant departments of the
local government in different consultative meetings and participatory planning works.
Communities were involved in every step of the process through KII, FGDs, and inter-
active workshops for their historical intelligence, current scenario, and perception
of the risk evaluating causal factors. The needs of the communities were also insti-
gated in the process with an inclusive approach where the vulnerable people (elderly,
women, PwDs, Poor, and insecure households) were part of the study.

10.5 RSLUP of Municipalities Outside of Kathmandu


Valley

10.5.1 Batch of Five Municipalities Supported


by UNDP/BCPR

The UNDP/BCPR with the support of the Government of Japan initiated an Earth-
quake Risk Reduction and Recovery Preparedness (ERRRP) program in five high
risk south Asian countries: Nepal, Bhutan, Bangladesh, India, and Pakistan. The
project in Nepal was a part of the five-country regional program in South Asia that
seeks to support regional cooperation through knowledge sharing and development
of best practices in the context of the SAARC Comprehensive Framework on Disaster
Management agreed in February 2006 (UNDP). The country program for Nepal was
implemented through the National Implementing (NIM) project of UNDP-Nepal
under project award UNDP/ERRRP-Project Nep/07/010 under a multiyear funding
framework for natural disaster reduction from the Government of Japan.
The 5 RSLUPs were prepared in selected five urban municipal areas in the then
five different development regions of Nepal. These municipalities are Biratnagar
Metropolitan City, Province 1; Hetauda Sub Metropolitan City, Province 3; Pokhara
Metropolitan City, Gandaki Province; Birendranagar Municipality, Karnali Province
10 Preparation and Adoption of Risk Sensitive Land Use Plans ... 185

and Dhangadhi Sub Metropolitan City, Sudur Paschim Province.2 The RSLUP
process includes study for assessing the earthquake hazard, risk, and vulnerability
in the program municipalities and to develop a framework for earthquake disaster
preparedness planning. The program has also aimed to study the land use trends and
impact of earthquake hazard in the settlement pattern and land use practice. With
these aims, the program has aimed to prepare “Municipal Profiles in terms of Earth-
quake Risk and Vulnerability” and “Impact of Settlement Pattern, Land Use Practice
and Options in High Risk Areas” for its program municipalities.
The report “Impact of Settlement Pattern, Land Use Practice and Options in High
Risk Areas” was prepared as a land use profile in terms of earthquake hazard. The
report was prepared with a rationale to give an overview of urban development and
land use change pattern and risk of development in hazard prone areas. This study
assessed the land use change pattern and models the future land use to assess the risk
in a scenario of such land use change and earthquake hazard. Based on this scenario
study, risk sensitive land use plan was recommended for municipal land use policy
formulation and implementation of building regulations and byelaws. The study for
the preparation of the land use report undertook the following tasks:
• Review of the existing documents and literatures and best practices
• Review of literatures and documents on regional geology and past earthquake
scenarios
• Discussion and interaction with stakeholder municipality, key informants, and
local senior citizens
• Historic land use pattern mapping and urban morphology land use dynamic
assessment
• Mapping of current land use and trend assessment
• Modeling of land use change and settlement pattern and prediction of future land
use
• Assessment of earthquake hazard in land use and settlement pattern
• Recommendations for risk sensitive land use development plan.

This report was expected to serve as a road map for land use planning and formulation
of building bye-laws at the municipal levels and provide guidelines to integrate risk
sensitive land use plans in municipal level development and periodic plans.

10.5.2 Risk Sensitive Land Use Plan of Chautara


Municipality, 2016

With the support of United Nations Development Program/Comprehensive Disaster


Risk Management Program (UNDP/CDRMP), the development of Risk Sensitive

2 Eachof the above five urban municipalities represented major urban settlements in the then five
development regions.
186 C. L. Hada et al.

Land Use Plan (RSLUP) and update Building Bye-laws of Chautara Municipality in
Sindhupalchowk District was carried out by the team of GENESIS Consultancy (P)
Ltd. and Welink Consultants (P) Ltd. in 2016.
The development of RSLUP in Chautara Municipality has evolved from genera-
tion of relevant information, multi-hazard spatial modeling, vulnerability assessment,
adaptation of best practices, guided by the “Guideline for Municipal Level Risk
Sensitive Land Use Plan”—drafted by the MoFALD. The development of RSLUP
in Chautara Municipality was undertaken in a four-phase approach, outlined below:
• Development of information and knowledge base needed for evidence-based
decision support in planning
• Development of RSLUP and implementing tools and bye-laws
• Participation of stakeholders and concerned in collaborative decision-making; and
• Development of stakeholder’s engagement plan and information, education,
communication action plan for implementation of municipal RSLUP.

These plans will be supported by Implementation Action Plan and Institutionaliza-


tion Guideline, Stakeholder Engagement Plan and IEC Action Plan to enable the
municipality and other stakeholders to initiate implementations of the RSLUP and
the bye-laws documents.
Many organizations are facilitating efforts to carry out the risk assessments at
different level from ward to municipal. Practical Action supported on Pokhara
Flood Risk Assessment; Oxfam in Birendranagar; British Red Cross and NRCS
in Dhangadhi; Mercy Corps in Dadeldhura and Doti.

10.6 Ongoing Federal and Local Level Initiatives

10.6.1 Resettlement of High-Risk Communities

The Ministry of Urban Development has identified 24 high-disaster risk settle-


ments that require resettlement to safer locations. The resettlement plan follows
the GON’s Integrated Urban Development Plan concept developed in 2015. The
plan intends to resettle scattered high-risk settlement into relatively larger inte-
grated settlements. The Ministry is currently implementing resettlement programs in
Rasuwa and Myagdi districts. Other high-risk settlements identified by the Ministry
are, in Province 1: Gaurijanj, Jhapa; Chuhandanda, Terathum; Jarayotar, Bhojpur
and Khumjung Valley of Solukhumbu. In Province 2: Santapu Matiun and Basan-
tapur, Rautahat and Beltar, Udayapur. In Province 3: Betrawati, Nuwakot; Mude,
Sindhupalchowk and Gajuri, Dhading. In Province 4: Chormara, Nawalparasi;
Bhachhek Bazaar, Gorkha; Syalpakhe, Syangja, and Humde of Manang. In Province
5; Mainapokhari, Bardiya; Bhalubang, Dang; Supal Bazaar, Pyuthan; Sulichaur,
Rolpa. In Karnali Province: Chupra, Dailekh and Gamdadi, Mugu. Similarly, in Sudur
Paschim Province the high-risk settlements that require resettlement are Beldandi,
10 Preparation and Adoption of Risk Sensitive Land Use Plans ... 187

Kanchanpur; Binayak, Accham; Bagargaun, Bhajang; Khodpe Melauli, Baitadi and


Gokuleshwor, Darchula.
Integrated settlements to resettle high-risk communities are currently being imple-
mented at Rampur, Okhaldhunga; Bhanga Bhawanipur, Rautahat; Kapilakot of Sind-
huli; Balewa of Baglung; Madichaur of Rolpa; Gamtha of Mugu; Chaudhary of
Bhajang and in Bajura. A study carried out by National Planning Commission has
identified that there are high number of settlements residing in high-risk areas in
Bajuara District.

10.6.2 New Town Development Projects by KVDA

The Kathmandu Valley Development Authority (KVDA) is implementing the New


Town Development Project covering the 10 million Ropanies of land within Kath-
mandu Valley. KVDA’s mission is to develop “Kathmandu Valley as a Safe, Clean,
Organized, Prosperous and Elegant (SCOPE) National Capital Region,” so as to
foster the global image of Kathmandu Valley as a “livable city with the synergy and
harmonization of nature, society and culture.”

10.6.3 Integrated Urban Development Plan (IUDP)

In Nepal, municipal planning is largely based on the land use and infrastructure
planning in different forms of urban plans from a physical development plan to recent
periodic plans. The recently started Integrated Urban Development Plan (IUDP) of
185 municipalities by GON also sought for the integration of DRR concerns in
its thematic plan. An integrated urban development plan comprises a system of
interlinked actions, which seeks to bring a lasting improvement in the economic,
physical, social, and environmental conditions of a city or an area within the city. The
key to the process is “integration,” meaning that all policies, projects, and proposals
are considered in relation to one another. In this regard, the synergies between the
elements of the plan should be such that the impact of the plan as a whole adds up
to more than the sum of the individual parts if implemented in isolation.
The plan is set out to Long-term Vision and overall Goal, Objectives, and Strate-
gies for Municipalities for 15 years period. The plan also includes the Physical devel-
opment plan, Social, Cultural, Economic, Financial, and Institutional Development
Plan; Environment Sensitive Plan, Urban Transportation Plan, Municipal Transport
Master Plan (MTMP), Multi-Sectoral Investment Plan (MSIP), etc., on the basis of
vision, objectives, and strategies. This will help to prepare building bye-laws to regu-
late development in the municipalities integrating Land Use and road network plan
and long-term vision of the municipalities. It will also prepare Detail Engineering
Design of prioritized 2 subprojects in each municipality amounting not less than 30
Crore for each project.
188 C. L. Hada et al.

10.6.4 Smart Cities

GoN has initiated preparing the strategic development master plan for 13 municipal-
ities as smart cities for planned urban development. The report covers the concept
of the smart city with necessary features/attributes in the Nepalese context both for
national and local level. This will conduct city level assessment by reviewing previous
plans (physical development plan, local area plan, profile, etc.) of the study area in
the local, regional, and national context. The plan will delineate the area and master
plan for the possible development of the smart city.

10.6.5 Classification of Land

Nepal’s Land Use Policy, 2015 classifies land into eleven different types. The Depart-
ment of Survey is in the process of land use mapping for all 77 districts in Nepal. Land
use map of 355 rural and urban municipalities in 30 districts has been prepared till
date. The report and database of maps has been handed over to respective municipal-
ities in 27 districts. In addition, land use mapping implementation support program
is piloted in seven municipalities of seven provinces.3 The Land Use Policy identifies
land pooling as a key priority. Land pooling or land readjustment is a major growth
strategy adopted for urban development in Nepal. The land pooling (LP) projects help
minimize premature conversion of farmlands and control urban sprawl. It is an effec-
tive tool to provide housing, infrastructure, and services in an efficient manner.
The many land pooling projects such as Ichangunarayan LP Project, Bagamati
Nagar LP Project, Dibyaswori—Thimi LP Project, Kamerotar LP Project, Byasi-
Bhaktapur industrial state LP project, Nayabazar LP Project, Chamati LP Project,
and Manaohara LP Project are already implemented over the time.

10.6.6 Interaction with Mayors and Deputy Mayors

The telephonic and in-person discussion was carried out with each municipal mayors
and or deputy mayors of those municipalities where RSLUPs were developed. An
assessment carried out by International Office of Migration in 2019 showed that the
concept of “risk assessment” and Risk Sensitive Land Use Planning (RSLUP) is like
déjà vu to all municipalities. The risk assessments have not been undertaken even
in high earthquake and flood risk municipalities in Nepal. The hazard assessment
for some wards have been carried out and completed, but results are not available
within the municipality for subsequent update or use for sectoral assessments. The
disaggregated data on gender, caste, persons with disabilities (PWDs), elderly, and

3 Aspresented by Mr. Sumeer Koirala, Department of Survey, GON on 30 May 2019 during the
Risk Sensitive Land Use Planning Workshop.
10 Preparation and Adoption of Risk Sensitive Land Use Plans ... 189

children exist in all municipalities. However, there is limited practice and knowledge
in integrating them into development planning including DRRM. As per the munic-
ipal engineers, they had made request to UNDP and other International Organizations
to provide technical and financial support in the preparation of RSLUP.

10.7 Implementation of RSLUP

The development of the RSLUP received the backing and support of officials from
the municipalities, as well as from other ministries and agencies of the Government
of Nepal (GoN). The RSLUP builds on previous and existing land use plans, land
use maps, and land use related programs of the government, as well as policies,
initiatives, and studies in disaster risk management (DRM) that effect in different
municipalities. The RSLUP was prepared to align with the higher-level physical
framework plans but never endorsed it and took the appropriate steps for its adoption
and implementation through various government agencies. However, the Planners
and the implementing agencies are weak to engage the wider stakeholder’s partici-
pation and collaboration into the process of preparation, adoption, implementation,
and enforcement to strengthen the legal and institutional frameworks.
Eight RSLUPs are prepared to date but the very process of RSLUP, which involves
public participation as a ritual in the process of preparation, has been the center of
the debate. RSLUPs made to date have hardly made it to the public sector’s develop-
ment decisions. Such limitation of RSLUP prepared, among others, is conspicuously
prominent in case of all-important city bylaws, which largely fails to integrate the
risk reduction strategies. This study thus aims to contribute to the current gaps in the
planning process of RSLUP in terms of real participation of stakeholders in building
urban disaster resilience.
The RSLUP of KV is only approved by Kathmandu Valley Development Authority
and sent to ministry council for endorsement. Still, it has not endorsed formally. Other
RSLUPs are only in the report format and no further steps have initiated to implement
by the implementing agency. RSLUP document is important and should be referred
by planners, policymakers, and the government authorities for urban development.
But none of these RSLUPs are implemented in single municipality and shortcom-
ings are mainly the public participation and lack disseminating the information to
the community. The building bye-laws of each municipality should be prepared
based on the RSLUP document. Currently, Department of Urban Development and
Building Construction (DUDBC) is preparing very generic building bye-laws without
analyzing the hazard and risk information. This is the implementable document at the
municipality level. The physical boundary of the municipality (Chautara and other)
was changed or increased after the development of RSLUP. Municipal authorities
are confused and very weak on making decisions to move forward.
The absence of local representatives at the municipal level weakens the institu-
tional system due to frequent transfer of the government officials from one to another.
The knowledge base is transferred along with the officials. So, it is difficult to keep
190 C. L. Hada et al.

on advocating the importance of RSLUP. In short, there is no complete process and


implementation mechanism tool for RSLUP.
RSLUP is an initiation of broader planning scenario and envisioning of the future
urban form to provide the basic right of any citizen, i.e., safer place to live and
prosper. RSLUP’s recommendations and guidelines should be implemented through
a legal document “building bye-laws” by the municipal authority. The building bye-
law must be implementable, acceptable, and inclusive to translate the future safer
growth vision of the municipal region. RSLUP’s recommendations and guidelines
can be implemented through various mechanisms and tools related to urban devel-
opment, land management, financial incentivizing such as land readjustment (land
pooling), transfer of development rights, infill development, building pooling, etc. At
the same time, institutional capacity building of the municipal authority is required
to implement the RSLUP and its implementing tools efficiently and effectively. The
integration of RSLUP to strengthen urban governance is the utmost importance.

10.8 Application of RSLUP in Selected Municipality


and Key Learning

Initially, the development of RSLUPs received support from officials of the munic-
ipalities, as well as from other ministries and agencies of the Government of Nepal
(GoN). The RSLUPs were prepared to align with higher-level physical framework
plans but were never endorsed and for this reason there were no subsequent steps for
its adoption and implementation by various government agencies. The implementing
agencies are weak to engage the wider stakeholder’s participation and collaborate
during the process of preparation, adoption, implementation, and enforcement to
strengthen the legal and institutional frameworks. Till date, eight RSLUPs have been
prepared for urban settings in Nepal. Past experience has shown that the process of
RSLUP and their implementation status is very much limited and has hardly made
it to the public sector’s development decisions. Such limitation of RSLUP prepared,
among others, is conspicuously prominent in the case of city bye-laws that largely
fails to integrate the risk reduction strategies.
No doubt, risk-sensitive land use planning has played an effective role in reducing
disaster risks in Philippines and Bangladesh. Risk-sensitive land use planning seeks
to adopt the best land use options and translate the assessment of risks into the
appropriate location of land uses, functions, and facilities into land use regulations
and policies. It is a potentially powerful mitigation tool as it seeks to mitigate the
risks and vulnerability from several geological and other hazards, generally through
physical measures such as strengthening structures to withstand earthquakes, limiting
development in flood and landslide-prone areas, placing development away from
geologically unstable areas.
The utility of RSLUP has immense possibility in an effective disaster risk reduc-
tion in Nepalese context, in the post-2015 earthquake. Methodologically integrating
10 Preparation and Adoption of Risk Sensitive Land Use Plans ... 191

risk reduction strategies in land use planning will contribute in reducing the urban
disaster risk via systematic development and application of DRR policies, strategies,
and practices to enhance resilience throughout the society, by limiting or avoiding
the hazard exposure, within the broad context of sustainable development, which
in other word is Risk Sensitive Land Use Planning (RSLUP). Planning hierarchy is
conceived for this Municipality as a linkage between regulatory framework of suit-
ability zones defined by color zones, land use zones as defined under the national
land use policy and the implementation units at the land parcels levels.
DUDBC/MoUD is in the process of preparation of RSLUP of Api municipality
and other municipalities in far western part of Nepal. There is a major gap of any clear
direction on how the municipalities would implement RSLUP, develop building bye-
laws, and issuing building permits. Interpretation of the overall planning framework
is too complex a process for municipalities to take right decisions.
Risk-sensitive land use planning has played an effective role in generating an
evidence-based approach for reducing disaster risks in high-risk countries such as in
the Philippines and Bangladesh. RSLUP seeks to adopt the best land use options and
translate the assessment of risks into the appropriate location of land uses, functions,
and facilities and into land use regulations and policies. RSULPs process, if done
correctly serves as a tool for disaster risk awareness and more importantly a tool to
reduce actual risk while also enabling monitoring risk over time.

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