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Builders, Developers Needed to Show Success of 'No Surprises' Policy for Habitat Conservation Plans

As fringe environmental advocacy groups step up their efforts to scuttle the Fish and Wildlife Service's (FWS) "No Surprises" policy that developerrs and builders rely on for legal assurances for their Habitat Conservation Plans (HCPs), NAHB’s legal and regulatory staff are looking for builders and developers who can document their successes in working under this program.

HCPs enable home builders, developers and other landowners to acquire permits for construction or land development in endangered species habitats by working with the Fish & Wildlife Service or National Marine Fisheries to minimize the environmental impact of those activities. Most importantly, HCP permits provide legal assurances to the permit holder and future landowners that no future mitigation will be required of them by the federal government. These federal assurances granted by FWS are the basis for the success of the "No Surprises" policy, which was created by the Clinton Administration in 1998.

As the result of a federal court ruling in December, the Fish & Wildlife Service is now further considering and opening for public comment two HCP regulations, providing environmental groups with further opportunities to press their campaign against the conservation plans.

Supported by NAHB, the first of those regulations, the “No Surprises” clause, ensures that the service cannot alter the terms of an agreement with landowners for mitigation, conservation easements and other measures to preserve habitat.

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The second, the “Permit Revocation Rule,” would allow permits received under Habitat Conservation Plans to be revoked if it turns out that the development activity is appreciably reducing the survival and recovery of a species.

“Environmental groups have blatantly misstated the facts in this case,” said Jerry Howard, executive vice president and CEO of NAHB. “Preserving this program as we know it may very well depend on NAHB’s success in gathering hard evidence from builders who are experienced with the HCP program.”

FWS is expected to provide some direction on the “No Surprises” and “Permit Revocation Rule” in an announcement this spring; in the meantime, NAHB is gearing up for the debate.

NAHB is asking builders and developers with approved habitat conservation plans for the following information: a description of their experience in the HCP development process, the cost of the HCP and the status of the species in their HCP. This information is urgently needed to help NAHB support its position that the program has been producing positive results for both the housing industry and the environment.

To provide information on your experiences using Habitat Conservation Plans, e-mail Michael Mittelholzer or call him at 800-368-5242 x8660.
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