From flood protection to flood risk management: condition-based and performance-based regulations in German water law

In many European countries, a paradigm shift from technically oriented flood protection
to a holistic approach of flood risk management is taking place. In Germany, this
approach is currently being implemented after several amendments of the Federal
Water Act. The paradigm shift is also reflected in the theoretical structure of the legal
stipulations. While the former regulations of flood protection were predominantly
conditions-based, linked with clear preconditions and legal consequences, the legal
implementation of the flood risk management approach is accompanied by an increase
of goal-oriented, performance-based regulations. This contribution discusses the interrelationship
between the two legislative approaches and the specific challenges for the
administration. Flood risk management, as a policy field, requires the law to provide
robustness but also flexibility. It is concluded that the German way could accidentally
provide a viable answer to this dilemma. The conclusions drawn for the flood risk management
in Germany might be applicable also to other policy fields and even outside
Germany.