Defusing Landowner/Conservation Conflicts:

Transcription

1 Defusing Landowner/Conservation Conflicts: Protecting Habitat for Endangered Species and Other Wildlife with Conservation Design MACC Annual Environmental Conference March 2, 2013 E. Heidi Ricci Senior Policy Analyst Mass Audubon Eve N. Schluter Endangered Species Review Biologist Mass Natural Heritage and Endangered Species Program

2 Shaping the Future of Your Community Outreach and Assistance Program Helping communities understand, adopt and implement tools and techniques for smart growth and sustainable development

3 Development and Conservation can occur at the same time if your community s bylaws allow it! Open Space Design provides flexibility that reduces conflicts between landowner development interests and protection of natural resources such as rare species habitat, wetlands and waterways, and forests and farmlands.

4 April 13, 2009 Losing Ground: Beyond the footprint

5 Land Use Change

6 Bigger Houses on Bigger Lots = More Sprawl 47,000 acres of natural land was developed between % of the land lost was due to residential development Kathy Sferra

7 Costs of Sprawl Infrastructure maintenance: - Pavement maintenance - Stormwater Long commutes, shopping trips Energy intensive Community and quality of life issues Water quality and recharge Loss of forests and farmlands

8 Residential Development & Habitat Loss

9 Will the Expanding Cycle of Sprawl Repeat Again?

10 You get what you zone for Boards Must Issue Permits if a Project Meets Minimum Requirements

11 Three Main Planning Tools in a Community: Master Plans Open Space Plans Zoning Maps and Regulations

12 Open Space Planning Focus land conservation on areas most critical for long-term persistence of rare and other native species, exemplary natural communities and a diversity of ecosystems Align local plans and zoning Look beyond parcel and municipal boundaries Protect the biodiversity of MA in the context of projected effects of climate change.

13 Charting a More Sustainable Approach Prioritize Protection: Important habitat and Green Infrastructure Prioritize Development: Concentrate near infrastructure and away from important natural resources Regional Plans Toolkit for Implementing Priority Protection Areas Priority Development Areas

14 Charting a More Sustainable Approach Protect important land and water resources through zoning and regulations - Don t have to buy all the open space that needs protection - Provides landowner with more flexibility - Attractive and marketable results

15 Traditional Cookie-cutter Subdivision Design Driven by dimensional requirements e.g. minimum lot size, frontage, setbacks Result is geometric configuration of lots irrespective of natural features and consuming nearly entire property

16 1. Identify Conservation Value Areas. Remove these from the developable area.

17 2. Place houses in the remaining area in a way that would maximize residents enjoyment of these areas by providing access to open space and preserving views.

18 3. Align roads and trails on the site to provide pedestrian and vehicle access.

19 4. Draw lot lines around the homes.

20 Open Space Design Saves $$ - while enabling both development and conservation to work in harmony Decreasing the necessity for and cost of installing and maintaining conventional infrastructure Decreases site development costs by designing with the terrain Higher property values resulting from the increased site amenities including open space, views, and preservation of historic resources

21 Massachusetts Division of Fisheries & Wildlife Natural Heritage & Endangered Species Program A Division of the Department of Fish and Game in the Executive Office of Energy and Environmental Affairs

22 Massachusetts Natural Heritage & Endangered Species Program (NHESP) Established in Part of the Massachusetts Division of Fisheries & Wildlife since 1983 Protection of the state s native biological diversity Highest priority: state-listed rare species Rare Species Bridle Shiner - SC Karsten Hartel 176 animals 256 plants Purple Milkweed - E Species officially listed as: Endangered Threatened Special Concern

23 NHESP Conservation Tools: Land Protection Plan and select land for protection by the Division of Fisheries & Wildlife Advise Conservation Partners, Towns, etc.

24 NHESP Conservation Tools: Habitat Management & Ecological Restoration Prescribed burning of fire-adapted habitats Invasive exotic plant removal Kampoosa Bog ACEC, Stockbridge Removing invasive exotic plants from rare limestone wetland

25 NHESP Conservation Tools: Education

26 NHESP Conservation Tools: Data Management & Analysis Track current and historical observations of state-listed species, and watch-list species Maintain information on natural communities Maintain information on certified vernal pools Database contains thousands of geographically-referenced records

27 Blue-spotted Salamander SC (2006) American Bittern E (1990) Mystic Valley Amphipod Delisted (1997) Certified Vernal Pool (1996) Certified Vernal Pool (1996) Example of information contained in NHESP database

28 NHESP Data Submittal Forms

29 Online Vernal Pool/Rare Species Information System (VPRS) Set up User Profile Establish Electronic Signature Online mapping tools Manage and submit reports to NHESP Direct communication between User and NHESP

30 Mobile Application Allows basic information to be captured while in the field Android application

31 NHESP Conservation Tools: Regulatory Review Review of proposed projects and activities for impacts to rare species under: MA Endangered Species Act (MESA) MA Wetlands Protection Act (WPA) MA Environmental Policy Act (MEPA) MA Forest Cutting Practices Regulations

32 M.G.L. c. 131A. The MA Endangered Species Act (MESA) & 321 CMR MESA Regulations Prohibits take - means to harm, kill, disrupt the nesting, breeding, feeding or migratory activity. Disruption of nesting, breeding, feeding or migratory activity may result from, but is not limited to, the modification, degradation or destruction of Habitat. Defines Priority Habitat Outlines Priority Habitat Delineation Process

33 How do we delineate Priority Habitat? Example: Marbled Salamander (Ambystoma opacum) - T Observation Review by Biologist Acceptance into Database Map extent of possible habitat Refine mapping quality exclude development Bill Byrne

34 Review of Estimated & Priority Habitats Priority Habitat (PH) is the known geographical extent of habitat for all state-listed rare species, both plants and animals, and is codified under MESA Estimated Habitat (EH) is a sub-set of Priority Habitat; based on the geographical extent of habitat of statelisted rare wetlands wildlife (no plants); codified under the Wetlands Protection Act

35 How do I know if my property/project is in Estimated and/or Priority Habitat? Priority & Estimated Habitat maps available: NHESP Atlas, CD, online viewer, MassGIS Local Conservation Commission (EH) Responsibility of the land owner / project proponent to determine if within EH and/or PH

36 What does it mean if my property is in Estimated and/or Priority Habitat? Unless otherwise exempt, Projects or Activities need to be reviewed by NHESP pursuant to MESA (and WPA) Eastern Spadefoot Toad -T

37 NHESP Project Review Blanding s Turtle - T Project or Activity Species and Habitat NHESP Determination

38 NHESP Responses under MESA No Take (~78.2%) Take avoided with conditions (~18.2%) Take (~3.6%) (FY12) Consult with NHESP staff to: Redesign project to avoid Take Redesign project to meet Conservation & Management Permit (CMP) standards New England Blazing Star- SC

39 If project = Take of state-listed species Can project meet standards for Conservation & Management Permit? Assessment of alternatives to minimize impacts Project will impact an insignificant portion of the local population Applicant agrees to carry out a Conservation & Management Plan than provides a long-term net-benefit to impacted species. 321 CMR Marbled Salamander -T

40 Net-benefit Conservation Plan Proportionate to harm Long-term net benefit to the conservation of the impacted species may include: On and/or off-site conservation restrictions to permanently protect rare species habitat On and/or off-site habitat restoration / management Scientific research designed to enhance conservation efforts to protect rare species Melsheimer s Sack Bearer Cincinnus melsheimeri Threatened Better off

41 Example Project Proposed commercial development on an approximately 92 acre parcel Within mapped Estimated & Priority Habitat for the Wood Turtle and the Eastern Box Turtle Photo by Mike Jones Photo by Liz Willey Wood Turtle Glyptemys insculpta Special Concern Eastern Box Turtle Terrapene carolina Special Concern

42 NHESP required habitat assessment

43 Good Habitat!

44 Original Proposal Proposal to develop approximately 60% of site (all of upland areas) Work within 200 Riverfront area and 100 Buffer Zone

45 Final Plan / Outcome No work within Riverfront Area & Buffer Zone Total disturbance = ~27 acres (30% of site); building envelopes Remaining area in a CR= ~ 65 acres Long-term management of ~ 10 acres of early successional fields; oversight by qualified biologist

46 Saving Land and Money Through Innovative Zoning: An Introduction to the State s the New Open Space Design / Natural Resource Protection Zoning Model Bylaw E. Heidi Ricci Mass Audubon Shaping the Future of Your Community Program With appreciation and credit to Kurt Gaertner Massachusetts Executive Office of Energy and Environmental Affairs For leadership in producing the model Open Space Bylaw and developing this presentation

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49 Problems with many existing Open Space bylaws Open Space Design Best Practices New Model Special Permit Required Discretionary Process often cumbersome, long, & expensive Large parcel size requirements Insufficient amount of land protected Less than ideal land conservation Rigid dimensional standards By Right/Mandatory Formulaic and quick No minimum lot size [60%] of land area protected Strategic protection via Conservation Analysis & Findings Flexible Design Standards lot size, frontage, setbacks, roads, etc.

50 New Model Open Space Design Bylaw/Ordinance Based on Natural Resource Protection Zoning Accompanied by subdivision regulations & special permit regulations for density bonuses and shared driveways Will replace the current OSRD model in EEA s Smart Growth/Smart Energy Toolkit Addresses problems with application of Cluster, OSRD, Conservation Subdivision zoning Formatted to be easily customized, though municipal counsel should be consulted Interaction with other local regulations must be considered (esp. Board of Health) Addresses process questions raised by the Wall Street v. Westwood decision

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52 Subdivision Regulations Low Impact Development

53 Model Zoning Structure: Bracketed & highlighted text indicates a local choice Alternatives & guidance are provided in boxes and italicized Open Space Design shall mean a process for the development of land that: (a) calculates the amount of development allowed up-front by formula; (b) requires a Conservation Analysis to identify the significant natural, cultural, and historic features of the land; (c) concentrates development, through design flexibility and reduced dimensional requirements, in order to preserve those features; and (d) permanently preserves at least [sixty] percent of the land in a natural, scenic or open condition or in agricultural, farming or forest use. Alternative: [50-90%] Fifty percent is generally accepted as the minimum for Open Space Designs and similar zoning measures. Based on local circumstances - such as the nature of the natural resources to be conserved and the amount/pattern of existing development - communities should consider a range of [50-90%]. A percentage at the higher end of the range is often warranted to protect particularly sensitive natural resources or attain a prominent local conservation objective. The amount of open space applicants are required to protect can be varied by zoning district, as is done for required square footage per unit in the Unit Count Calculation section of this model zoning.

54 Yield: Allowable Residential Units Units calculated by dividing the net acreage by the allowed density Net acreage calculation accounts for sitespecific development limitations Example Dwelling Units: Gross Project Area 100 Minus constrained land 32 Equals Net Project Area 68 Divided by required acreage (1 per 2 acres) Equals: Base # of Units 34 Preserved Land Land Area 100 Multiple by required percentage [60%] 60 Add additional land from bonuses (if any) 0 Equals: Minimum preserved land 60 acres

55 Practical & Political Considerations: Equity should be a consideration for political if not legal reasons o Yield (# of houses) under OSD vs. prior yield should be understood o Alright to reduce yield; unreasonable to build current zoned units in some communities o Zoning may not be the critical factor; other regulations may result in reduced yield OSD applied to <1 acre lots with individual lot well and septic a particular concern

56 Applicability: Allowed by right permitted via subdivision or site plan review Conventional subdivisions require special permit Local choice as to which districts and which housing types Can also be applied to non-residential development

57 Dimensional Requirements: Goal: Make it as easy as possible to conserve land and natural resources by arranging units/lots in as unconstrained a manner as practicable No required minimum lot size, but water or wastewater needs or other regulations may limit No numerical frontage required, rather legally and practically adequate vehicular access [10] foot setback to property lines & [20] feet between principal structures Enforcement: Monumentation clearly delineating the open space required to ease enforcement

58 Open Space: Permanently conserves [60%] of land area, must be contiguous to extent possible and based on Conservation Analysis Protection under Article 97 or a permanent Conservation Restriction Allowable and Prohibited Uses addressed in CRs Ownership options: private owner (e.g. farm), conservation non-profit or state agency, conservation commission, or homeowners association (HOA) o Unless held by the conservation commission a CR & access easement with inspection and enforcement provisions are required Maintenance standards included in permit; enforcement provision, including potential property tax lien

59 Open Space Plans should guide land conservation in subdivisions

60 Special Permit Provisions: Language provided for measures that can t be readily included in by-right zoning Density Bonuses Additional units for voluntary: Provision of public access to the open space; Construction of permanently affordable housing; Conservation of open space beyond that required; or Preservation of historic structures. Shared Driveways

61 Hopkinton - Olde North Mill Open Space & Landscape Preservation Development 34 lots on 100 acres 52% of the parcel protected

62 Bellingham - Woodbury Ridge 6 developed acres 10.4 protected acres LID stormwater practices Reduced impervious surfaces 1. OSRD Plan 1. Conventional Plan

63 Local Zoning & MESA Often difficult to achieve best possible outcome for rare species because of local zoning Types of challenges: Large minimum lot size Wide minimum road widths Double sidewalks Vertical curbing Tools such as OSD/OSRD can: Reduce habitat fragmentation & maintain connectivity Protect key habitat features

64 Example Project ~185 acre site with in Blanding s Turtle Habitat Habitat Requirements: variety of wetland & terrestrial habitats large tracts of land (travel long distances) Key Threats: habitat loss & degradation habitat fragmentation road mortality Original project proposal = fragmentation of large landscape

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66 Reduction of fragmentation emergency access rd Land Protection ~ 75 acres to Town ~ 70 acres in CR $60K conservation funding After

67 Note: fictitious example Example Project

68 Standard Plan - 12 houses, 30% open-space Open space Note: fictitious example

69 Good Conservation - 15 houses, 70% open-space Open space Note: fictitious example

70 Good Conservation through Habitat Protection Early Succ. +Shrub Matrix nesting Mixed or Deciduous Forest Note: fictitious example

71 Beyond Residential OSD principles can be applied elsewhere Larger community planning projects Industrial parks Green energy projects

72 Example Project ~218 acres within Bluespotted Salamander Habitat Habitat Requirements: vernal pools forested upland Key Threats: habitat loss & degradation habitat fragmentation road mortality Blue-spotted Salamander- SC

73 Final Plan/Outcome ~ 56 acres of new development ~30 acres for solar ~ 26 acres for future development (use?) Proposed net benefit: ~ 108 acres protected vernal pools ~22 acres credit Outcome allows for development & also protects rare species, habitats, and other natural resources

74 Town-Wide Comprehensive MESA Permits for Certain Municipalities (10.16(b)) Joint Town / Division MESA planning and review process Local mitigation bank and/or pre-permitting of building envelopes within designated development areas. Barrens Buck Moth - SC

75 Final Thoughts for Rare Species Conservation Utilize available conservation tools in concert with land protection /community planning Local OSD bylaws, BioMap2 maps &Town Reports Flexibility in project design can greatly improve the outcome for rare species & habitats Consult early with NHESP when designing a project in Priority/Estimated Habitat Submit observations (rare species & VPs) Try VPRS!

76 For More Information Sustainable Neighborhood Road Design LID Guidebook

77 Shaping the Future of Your Community Outreach and Assistance Program