Possibilities and Limits on Regulating Land Use above Active Fault : Comparing Legal Institutions on Active Fault Earthquake Countermeasures of Japan and the U.S.

カツダンソウ　チョクジョウ　ノ　トチ　リヨウ　キセイ　ノ　カノウセイ　ト　ゲンカイ　カツダンソウガタ　ジシン　タイサク　ニ　カンスル　ホウセイド　ノ　ニチベイ　ヒカク

Yamamoto, Nobuaki

法

土地利用規制

Earthquake

Law

Zoning

In this article, the author examined possibilities and limits on legal zoning above active fault by comparing legal institutions of Japan and the U.S. If an earthquake is occurred by active fault, the active fault might be exposed to the land surface, and it might occur catastrophic damage to architectural structures. To avoid such damage, California State code and Tokushima prefecture code regulate certain using land located on active fault. It seems that this regulation is useful to avoid catastrophic damage. However, concerning evaluation about fault, liberty, and property right, this zoning is not necessarily justified. Then the author analyzed codes of California and Tokushima and considered these points. In consequence, the author insisted that zoning above active fault targeted specific buildings are needed with other measures to avoid catastrophic damage by active fault.