Caring for the community and the environment, and building homes: Habitat conservation plans

By Mac McKinney

As builders, developers, property owners and neighbors, we care about our community and the environment. Yet sometimes we face situations where the homes we construct are in areas occupied by animals, plants, fish, or insects that are listed under the Endangered Species Act (ESA).

Because we live in the communities where we work and respect our environment, we develop Habitat Conservation Plans to provide safe and affordable housing, and conserve species.

Established under the Endangered Species Act, the federal Habitat Conservation Plan program (HCPs) allows property owners to preserve essential habitat as part of the land development process. After the federal government approves an HCP — ensuring that an endangered or threatened species is adequately protected — property owners can then build homes on their land.

Through the HCP program, private property owners have preserved habitat for more than 500 individual species on more than 33 million acres of land. Builders contribute time, money, acreage, and increased scientific knowledge about endangered and threatened species by developing HCPs.

HCPs are a win-win situation for both the property owner and the environment.

The plans are among the few options available for builders to be proactive in species conservation efforts, and they enable property owners to act as cooperative partners, not enemies, with government agencies and other entities engaged in environmental conservation.

Unfortunately, a constant barrage of federal lawsuits is threatening the HCP program’s existence. Crucial incentives and assurances that are the cornerstones for encouraging property owners to participate are being scrutinized.

The HCP program must be preserved, and incentives for property owners, builders and developers to support and participate in species conservation efforts must continue. If the nation is to make real progress in conserving endangered and threatened species, HCPs must remain an available option.

A key element of the HCP program is the No Surprises Rule, which provides builders and developers with some certainty that the federal government will not renege on an HCP that has been agreed upon. With this degree of certainty, we can make long-term plans for our communities’ housing needs with the confidence that our time, money, and effort will not be lost if the federal government changes its mind about what a species may need for recovery.

The National Association of Home Builders conducted a detailed analysis of federal government HCP data, and developed case studies of builder and developer experiences. The data show that HCPs across the nation cover an area equal to one acre for every man, woman and child in California. From inception to filing an application, HCPs are a time-consuming effort, taking nearly two years on average. Finally, the plans also can have a significant impact on the cost of construction for builders and, ultimately, on the cost of housing in our communities.

To help consumers, home buyers and others better understand HCPs and the builder’s role in conserving endangered or threatened species, NAHB has developed a new section of its Web site dedicated to the plans.

More details about HCPs are available at www.nahb.org/HCP. For more information, contact the Home Builders Association of Midwest Georgia office at 770-716-7109 or NAHB’s Christopher Galik at (800) 368-5242 x 8663.