Chapter 1.3
Sensitive Lands and Wildlife Habitat

• ALL
• Remove Code Barriers
• Create Incentives
• Fill Regulatory Gaps

Habitat Mapping

INTRODUCTION

Habitat mapping is an analysis or survey of an area’s ecology, including the identification of wildlife habitats.[1] Additional mapping information may include the existence of dominant species and/or conservation areas.[2] Local governments approach habitat mapping in several different ways, often depending on why the local community is surveying the area.[3] However, “computer-based data storage, manipulation and presentation are becoming the norm.”[4] Once a local community performs a habitat mapping, it may utilize the information for several purposes, including land use planning, conservation management, public awareness, habitat creation, preservation, and other reasons.[5] Ordinances may require developers to comply with the mapping, to show that the proposed development will not harm habitats, or to perform the mapping.

The first step in creating a habitat map is to use a mathematical formula to determine the “geographic coordinates to Earth’s surface” and represent them in two dimensions, which becomes a projection that imitates or estimates Earth’s shape.[6] Once the map is created, then a coordinate system is used to assign points on the flat surface of the map (usually longitude and latitude).[7] Once this system is in place, the community can determine which priorities and characteristics will be a part of the habitat map.[8] A team of experts is then dispersed to gather information about the habitats in that area as well as species composition or any other pertinent information.[9]

EFFECTS

The variety of life on Earth is declining in many areas raising numerous concerns.[10] A 2019 U.N. report noted that ¾ of Earth’s land has been manipulated, resulting in pollution, dead zones, climate disasters, and other habitat stressors. Destruction of habitats for “land development” (farming, housing, fishing, mining, etc.) was recognized as one of the principle drivers of the extinction. The report noted that more than 500,000 land species do not have enough habitat to ensure their long-term survival.[11]

Biodiversity is invaluable to human health as it provides critical services.[12] Some of these services include nutrient storage and recycling, contribution to climate stability, food, medicinal resources, recreation and tourism, and research.[13] All of these benefits, plus many more, are incentives for municipalities to protect healthy biodiversity.

One primary method of understanding biodiversity in a particular municipality is by utilizing habitat mapping. Habitat mapping can provide a vast amount of information pertaining to how development has impacted habitats and whether it continues to impact habitats. For example, without habitat mapping many codes may view a forest and an open field as equivalent open spaces. However, forests and fields can have dramatically different ecological features and can house varying habitats. Creating habitat maps can help remove this ignorance by creating an in-depth picture of the specific and individual ecological value of diverse habitats, and the species that they protect.

It is valuable for local governments and communities to be aware of the habitats that are being disturbed by development. When the potential harm stemming from a development is understood, steps can be taken to mitigate this harm. In addition, mapping can encourage developers and communities to build on portions of land that are less ecologically valuable. Once the effects of the development are known, steps can be taken to avoid the potential damage to the environment.

EXAMPLES

Longmont, CO

Longmont is dedicated to designing and developing land so that it is compatible with the various habitats and wildlife species that live in the area.^[14] Development applications for site plans in Longmont include subdivision plats, PUD developments, conditional uses, limited uses, rezonings, and annexations. Part of the application must include notable habitat areas including streams and wetlands.^[15] The application process also requires that the site plans be submitted to the Colorado Division of Wildlife, U.S. Fish and Wildlife Agency, or another appropriate agency for review. The agency then decides what kind of impact the proposed development will have on the species or habitats identified in that area.^[16] Based on the recommendation from the agency, the planning director must decide whether to require a conservation plan and may choose to retain a “qualified wildlife/plant expert, at the applicant’s expense,” to assist with this process.^[17]

Developers must comply with the existing wildlife habitat map or may submit their own, which may be approved to replace the existing map.[18] Developer submitted maps must include a description of the attributes of the land, the wildlife populations that inhabit the site, a description of the “potential adverse impacts of the proposed development,” a list of measures that may be taken to mitigate these adverse impacts, as well as the probability of success of these measures, any restoration plans, and proof that the developer can and will execute their plan.[19]

To view the provision, see Longmont, CO Code of Ordinances Sec. 15.05.030 (2017).

Marathon, FL

Florida is home to a specific habitat known as the tropical hardwood hammock.[20] The tropical hardwood hammock is a forest of dense, broad-leafed trees that are common in the Everglades.[21] Marathon has very specific standards involving analysis and mapping of the habitat before any kind of development is permitted.[22] Developers must submit an application prior to building, along with a habitat analysis “prepared by a qualified biologist” that must reflect the standards outlined in the code.[23] This analysis is then subject to review by the City Biologist.[24]

As part of the mapping, “the existence, scope and extent of the natural plant and animal habitat associated with the application” must be evaluated.[25] There is a group of nine factors that must be identified and assessed when mapping a tropical hardwood hammock habitat, and in addition to the natural resources assessment requirements, there are three additional standards that must be met.[26] This array of standards often serves to inhibit development, as well as provide an in-depth understanding of the habitat in question.

To view the provision, see Marathon, FL Code of Ordinances Section 106.18 (2017).

Stevenson, WA

Stevenson seeks to “protect environmentally distinct, fragile, and valuable fish and wildlife habitat conservation areas.”[27] Conservation areas belonging to fish and wildlife habitats are divided into four classes: riparian areas, threatened or endangered species, priority habitat species (PHS), and local species and habitats of importance.[28] The City identifies critical areas by consulting various agencies and specialists.^[29] These areas are then identified by habitat maps that the City maintains in an inventory.[30] The maps are consulted for development and planning purposes.[31]

If the conservation area is not clear, then appropriate buffers (natural boundaries) must be established by a habitat report prepared by an expert.[32] This same report may qualify for the development application and must contain the name of the applicant, the qualifications of the expert preparing the document, a description of the property, an analysis of the condition of the property, photographs of the property including the habitat in question, classifications of the species or habitat, and an outline of the buffer widths.[33]

To view the provision, see Stevenson, WA Code of Ordinances Sec. 18.13.095 (2018).

ADDITIONAL EXAMPLES

Martin County, FL Land Development Regulations Sec. 4.33 (2018) (ensuring that a minimum of 25% of the native upland habitat is preserved).

Salisbury, MD Code of Ordinances Section 12.20.120 (2017) (Chesapeake Bay Critical Area Natural Resources Program).

Sarasota County, FL Code of Ordinances Sec. 74-62 (2018) (requiring submission of a habitat map for development plans).

Lake Park, FL Code of Ordinances Sec. 78-251 (2017) (outlining landscaping and vegetation protection in new developments which includes a habitat map).

Palm Beach Gardens, FL Code of Ordinances Sec. 78-305 (2017) (requiring development applications to include habitat maps).

ADDITIONAL RESOURCES

Sandra Diaz, et al., Summary for policymakers of the global assessment report on biodiversity and ecosystem services of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services, https://www.ipbes.net/sites/default/files/downloads/spm_unedited_advance_for_posting_htn.pdf [https://perma.cc/C7VW-N4JC] (May 6, 2019).

U.S. Department of the Interior Fish and Wildlife Service, Data Collection Requirements and Procedures for Mapping Wetland, Deepwater, and Related Habitats of the United States, https://www.fws.gov/wetlands/Documents/Data-Collection-Requirements-and-Procedures-for-Mapping-Wetland-Deepwater-and-Related-Habitats-of-the-United-States.pdf [https://perma.cc/NMT9-REEA] (2015) (explaining image analysis work associated with mapping wetlands).

Washington Department of Fish and Wildlife Conservation, Priority Habitats and Species (PHS), https://wdfw.wa.gov/publications/00165 [https://perma.cc/5L3H-WRTW] (2018) (interactive map for citizens, landowners, etc. to find information about PHS in the state).

National Wildlife Federation’s Blog, Map Your Garden for Wildlife Efforts- One Yard at a Time!, http://blog.nwf.org/2018/01/map-your-garden-for-wildlife-efforts-one-yard-at-a-time/ (2018) [https://perma.cc/9L6Z-6Z3V] (interactive citizen scientist social network that encourages mapping local habitats).