Wetlands and Home Builders
-
Upload
andy-carswell -
Category
Real Estate
-
view
85 -
download
0
description
Transcript of Wetlands and Home Builders
HACE 4310/6310 HACE 4310/6310 HOUSING POLICYHOUSING POLICYAchieving Common Ground Achieving Common Ground Within the Housing Industry: Within the Housing Industry:
WetlandsWetlands
WETLANDS – A BRIEF WETLANDS – A BRIEF HISTORYHISTORY
Used To Be Used To Be Portrayed As Portrayed As “Swamps”“Swamps”
Recognition of Recognition of Biological Biological Importance of Importance of WetlandsWetlands
Conflict Between Conflict Between Our Preservation Our Preservation and That of Other and That of Other CreaturesCreatures
WETLANDS DEFINEDWETLANDS DEFINED
Range from permanently frozen Arctic Range from permanently frozen Arctic tundra to deep-water Southern swampstundra to deep-water Southern swamps
““Areas saturated with surface or ground Areas saturated with surface or ground water at a long enough duration to support water at a long enough duration to support prevalence of important vegetation”prevalence of important vegetation”
More than 97% of wetlands are freshwaterMore than 97% of wetlands are freshwater Comprise 6-9% of surface area of the Comprise 6-9% of surface area of the
“lower 48”“lower 48” Can include land that is dry for all but 7 Can include land that is dry for all but 7
days of the yeardays of the year
CONTEXT THROUGH WHICH CONTEXT THROUGH WHICH “WETLANDS” DEBATE IS FORMED“WETLANDS” DEBATE IS FORMED
Environmental Environmental embarrassments of embarrassments of the 1970sthe 1970s
Two competing Two competing bureaucracies bureaucracies involvedinvolved
Expansion of the term Expansion of the term “wetland”“wetland”
Vast array of interest Vast array of interest groups involved in the groups involved in the debatedebate
WETLANDS - IMPLICATIONS WETLANDS - IMPLICATIONS FOR HOUSINGFOR HOUSING
Landowners restricted as to what they Landowners restricted as to what they can do on land dominated by a can do on land dominated by a wetland.wetland.
Be careful what you create! Man-Be careful what you create! Man-made lakes are fair game.made lakes are fair game.
Confusion over the fact that “uplands” Confusion over the fact that “uplands” can change to wetlands over a period can change to wetlands over a period of timeof time
Different definitions per agency as to Different definitions per agency as to what constitutes a “wetland”what constitutes a “wetland”
SECTION 404 PERMITTINGSECTION 404 PERMITTING Characterized as “lengthy, costly, and Characterized as “lengthy, costly, and
complicated”complicated” Average time going through the Average time going through the
process successfully = 127 daysprocess successfully = 127 days Average time going through the Average time going through the
process unsuccessfully = sometimes process unsuccessfully = sometimes over a yearover a year
A majority of 404 permit applications A majority of 404 permit applications are either denied or withdrawnare either denied or withdrawn
This puts builders in a financial hole This puts builders in a financial hole right from the start, particularly right from the start, particularly crippling smaller builderscrippling smaller builders
THE RISE OF NWP’sTHE RISE OF NWP’s
Offered as a way of addressing only the Offered as a way of addressing only the most troublesome ecological problemsmost troublesome ecological problems
Minimum acreage requirements fell from Minimum acreage requirements fell from 10 to 3 to ½ acre10 to 3 to ½ acre
Environmentalists claimed that the Corps Environmentalists claimed that the Corps was allowing “more than minimal impacts was allowing “more than minimal impacts on the environment”.on the environment”.
NAHB and Corps of Engineers were co-NAHB and Corps of Engineers were co-defendants but eventually haggled bitterlydefendants but eventually haggled bitterly
Congress reluctant to enter the frayCongress reluctant to enter the fray
DELINEATION MANUALSDELINEATION MANUALS Many parties/agencies interested in creating a Many parties/agencies interested in creating a
manual to help determine, “What are manual to help determine, “What are wetlands?”wetlands?”
Basic agreement that there were three Basic agreement that there were three components of wetlands: hydrology, soils, and components of wetlands: hydrology, soils, and vegetationvegetation
Commonly held obstacle was the water in the Commonly held obstacle was the water in the soilsoil
Corps definition was most conservative; Corps definition was most conservative; NRCS/EPA somewhat liberal; FWS the most NRCS/EPA somewhat liberal; FWS the most liberalliberal
Ultimately, still no resolution on which was the Ultimately, still no resolution on which was the proper standard/manual to be used for proper standard/manual to be used for compliance.compliance.
APPEALS PROCESSAPPEALS PROCESS Concerned builders wanted this Concerned builders wanted this
option as a form of recourse in the option as a form of recourse in the event that permit is deniedevent that permit is denied
Avoided costly judicial processAvoided costly judicial process Approved by Congress in 1999Approved by Congress in 1999 Never enjoyed by the Never enjoyed by the
environmentalistsenvironmentalists In the end, considered a faulty In the end, considered a faulty
system that polarized all parties system that polarized all parties involvedinvolved
ACTORS INVOLVED IN THE WETLANDS SAGAACTORS INVOLVED IN THE WETLANDS SAGA Reagan Reagan hampered by environmentalists hampered by environmentalists George Bush (Sr.) George Bush (Sr.) adopted the “no net loss” adopted the “no net loss”
policy; expanded research on wetlands trendspolicy; expanded research on wetlands trends Clinton Clinton changed the culture of the Corps of changed the culture of the Corps of
EngineersEngineers U.S. Army Corps of EngineersU.S. Army Corps of Engineers Environmental Protection AgencyEnvironmental Protection Agency Fish & Wildlife Service/Nat’l. Marine Fisheries ServiceFish & Wildlife Service/Nat’l. Marine Fisheries Service CongressCongress CourtsCourts Trade AssociationsTrade Associations Environmental GroupsEnvironmental Groups
WETLANDS MITIGATION WETLANDS MITIGATION BANKINGBANKING
Builder pays organization to create Builder pays organization to create wetlands in another areawetlands in another area
Techniques include removing debris Techniques include removing debris from an area so water can flow easilyfrom an area so water can flow easily
Environmentalists and opposition to Environmentalists and opposition to man-made wetlandsman-made wetlands
Quality of wetlands impacts the price Quality of wetlands impacts the price involved with restoring wetlandsinvolved with restoring wetlands
More success in Florida than NortheastMore success in Florida than Northeast
THE CURIOUS “TULLOCH RULE” THE CURIOUS “TULLOCH RULE” CASECASE
Flash point of this case was in North CarolinaFlash point of this case was in North Carolina Deals with Section 404 of the Clean Water ActDeals with Section 404 of the Clean Water Act Builders/developers contended that excavation of Builders/developers contended that excavation of
wetlands did not amount to “filling” of a wetlandwetlands did not amount to “filling” of a wetland Wildlife Federation sued the Corps for allowing Wildlife Federation sued the Corps for allowing
this activity, and ultimately won the daythis activity, and ultimately won the day Through suits brought forth by multiple Through suits brought forth by multiple
development interests, decision was reverseddevelopment interests, decision was reversed Agencies involved sought to ignore the rulingAgencies involved sought to ignore the ruling
CHALLENGES TO WETLANDS: WHY DID CHALLENGES TO WETLANDS: WHY DID EFFORTS TO ACHIEVE COMMON EFFORTS TO ACHIEVE COMMON
GROUND FAIL?GROUND FAIL?
No clear definition for No clear definition for “wetland”“wetland”
Ongoing struggles Ongoing struggles between Corps and EPAbetween Corps and EPA
Parties liked to use Parties liked to use court systemcourt system
No evidence of “honest No evidence of “honest broker” coming to broker” coming to mediatemediate
Two main parties do not Two main parties do not have a lot in commonhave a lot in common
GENERAL PRINCIPLES FOR GENERAL PRINCIPLES FOR ACHIEVING COMMON GROUNDACHIEVING COMMON GROUND
Use time and powers of Use time and powers of persuasion wellpersuasion well
Have an honest broker at Have an honest broker at the readythe ready
Keep the rhetoric lowKeep the rhetoric low Create incentivesCreate incentives Understand market Understand market
realities over the long termrealities over the long term Understand the people Understand the people
involvedinvolved Remember that you can Remember that you can
make a tough stand, but make a tough stand, but leave enough wiggle room leave enough wiggle room for compromisefor compromise