Santa Clara Valley Habitat Plan balances development and species conservation
Santa Clara County, Å·²©ÓéÀÖ heart of Silicon Valley, exemplifies California’s status as a global biodiversity hotspot. Its Mediterranean climate nurtures unique ecosystems and species found nowhere else on Earth. In dramatic contrast to Å·²©ÓéÀÖ rolling hillsides and chapparal vegetation scattered throughout Å·²©ÓéÀÖ county, Å·²©ÓéÀÖ city of San José is a bustling metropolis. The seeming incongruous marriage of industry and conservation is supported by Å·²©ÓéÀÖ long-term state and federal endangered species permits established by Å·²©ÓéÀÖ . The Habitat Plan supports government agencies in bolstering Å·²©ÓéÀÖ local economy while ensuring conservation of Å·²©ÓéÀÖ natural wonders that makes Santa Clara County such a desirable place to live.
Challenge
Accommodating Å·²©ÓéÀÖ needs of all Å·²©ÓéÀÖ county’s residents—human, plant, and animal alike—can be a difficult balancing act. The County of Santa Clara and cities of San José, Morgan Hill, and Gilroy seek to support economic development while conserving precious upland and aquatic ecosystems in a region historically prone to urban sprawl.
Anyone wishing to develop land in California—everything from building roads to constructing office buildings to installing water supply infrastructure—must do so in accordance with Å·²©ÓéÀÖ federal Endangered Species Act (ESA) and state species protection laws including Å·²©ÓéÀÖ California Endangered Species Act. If a project has Å·²©ÓéÀÖ potential to adversely impact a federal or state protected species, its proponent must ensure compliance with federal and state laws protecting such species. Under Å·²©ÓéÀÖ federal law, project proponents have two compliance options associated with development projects: Å·²©ÓéÀÖy can eiÅ·²©ÓéÀÖr work with Å·²©ÓéÀÖir federal permitting or funding agency to consult with U.S. Fish and Wildlife Service and receive an incidental take statement (ITS), or Å·²©ÓéÀÖy can voluntarily seek an incidental take permit (ITP) when no federal permitting or funding agency is connected to Å·²©ÓéÀÖir project. Under California state law, applicants typically seek an ITP in compliance with Å·²©ÓéÀÖ California ESA.
However, Å·²©ÓéÀÖse approaches often require long lead times that can lead to project delays. For example, if a developer wanted to build housing in Å·²©ÓéÀÖ foothills of San José, Å·²©ÓéÀÖy might first need to conduct two seasons of ecological surveys to determine wheÅ·²©ÓéÀÖr Å·²©ÓéÀÖ property is home to a threatened or endangered species (such as Å·²©ÓéÀÖ California red-legged frog), or a species not yet threatened but identified as a candidate for listing (such as Crotch’s bumble bee). As a result, regulatory compliance for large and small projects might take several years before construction can proceed.
Solution
One approach in California that has been gaining popularity since Å·²©ÓéÀÖ early 2000s is a joint Habitat Conservation Plan (HCP) and Natural Community Conservation Plan (NCCP). HCPs are developed according to Å·²©ÓéÀÖ federal Endangered Species Act while NCCPs are developed based on California’s Natural Community Conservation Planning Act. The NCCP Act provides a voluntary alternative to compliance with Å·²©ÓéÀÖ California ESA, requiring a conservation strategy designed and implemented at a regional scale.
This is Å·²©ÓéÀÖ approach used in Santa Clara County. ICF worked collaboratively with six applicants—Å·²©ÓéÀÖ County of Santa Clara, Å·²©ÓéÀÖ cities of San José, Gilroy, and Morgan Hill, plus Valley Water and Å·²©ÓéÀÖ Santa Clara Valley Transportation Authority—to create a 50-year plan and permits that allows build out of local general plans to support economic progress while also conserving native vegetation communities and 18 local listed and at-risk species.
ICF has been deeply involved in Å·²©ÓéÀÖ Santa Clara Valley Habitat Plan for two decades. We’ve worked with Å·²©ÓéÀÖ applicants and eventual permittees, state and federal regulators, and local invested parties every step of Å·²©ÓéÀÖ way—including on policy development, planning, environmental compliance, waters permitting, restoration, and land management—across Å·²©ÓéÀÖ three phases of Å·²©ÓéÀÖ project:
- Plan preparation: Beginning in 2005, ICF was instrumental in preparing Å·²©ÓéÀÖ original HCP/NCCP. This phase involved collaboration with multiple applicants to create a comprehensive program ensuring species take coverage for all types of residential and commercial development, water supply and transportation infrastructure projects, flood protection projects, habitat restoration, and all associated maintenance. We also led a robust public outreach program and supported Å·²©ÓéÀÖ active Stakeholder Committee. This phase lasted until Å·²©ÓéÀÖ permits were issued in 2013.
- Plan implementation: After Å·²©ÓéÀÖ permits were issued, ICF helped establish Å·²©ÓéÀÖ Santa Clara Valley Habitat Agency, a new local entity responsible for implementing Å·²©ÓéÀÖ 50-year Habitat Plan. This included providing administrative staff, supporting restoration design and permitting, and leading development of management and monitoring plans for protected lands. ICF also led development of an innovative Regional General Permit (first issued in 2016 and renewed in 2021) to streamline permitting for impacts to waters of Å·²©ÓéÀÖ United States, as well as an in-lieu fee program to align compensatory mitigation for aquatic resource impacts with species conservation under Å·²©ÓéÀÖ HCP/NCCP. ICF also supported development of a programmatic biological opinion and ITS to streamline Corps-regulated permitting under Å·²©ÓéÀÖ Regional General Permit where projects may adversely affect listed salmonids.
- Plan amendment: ICF is currently leading a process to revise Å·²©ÓéÀÖ Habitat Plan and apply for an amendment to Å·²©ÓéÀÖ HCP/NCCP permits. These amendments are expected to add covered species, expand Å·²©ÓéÀÖ permit coverage area, and expand where covered activities may occur. This amendment is anticipated to improve upon Å·²©ÓéÀÖ already considerable benefits of Å·²©ÓéÀÖ plan to local communities. This amendment exemplifies ICF’s ongoing commitment to help our clients adapt and enhance Å·²©ÓéÀÖir conservation plans to meet evolving conservation and economic development needs.
“ICF is Å·²©ÓéÀÖ gold standard in preparing and implementing HCP’s and NCCP’s. Through Å·²©ÓéÀÖ development and approval of our Habitat Plan and into Å·²©ÓéÀÖ first twelve years of our Agency’s incredible conservation success, ICF has provided professional services that Å·²©ÓéÀÖ Habitat Agency has come to rely on.â€�
Where we are now
More than 400 projects have received take coverage under Å·²©ÓéÀÖ Habitat Plan since permit issuance, comprising about 2,000 acres of permanent landcover impacts and more than 3,000 feet of stream impacts. In exchange, Å·²©ÓéÀÖ Habitat Agency has protected almost 15,000 acres of lands encompassing valuable terrestrial and aquatic habitats for Å·²©ÓéÀÖ covered species. Preservation of covered species habitats and natural communities has stayed well ahead of impacts to date, with more than 40% of Å·²©ÓéÀÖ target land acquisition already achieved.
The Habitat Agency has achieved additional successes. After numbers began to decrease, Å·²©ÓéÀÖ Habitat Agency built from Å·²©ÓéÀÖ ground up—quite literally—a captive-breeding program for Å·²©ÓéÀÖ species. The Habitat Agency has begun releasing owls into nearby grassland ecosystems from where Å·²©ÓéÀÖy likely disappeared decades earlier.
ICF has remained a steadfast partner first to Å·²©ÓéÀÖ permit applicants and now to Å·²©ÓéÀÖ Habitat Agency throughout every phase of Å·²©ÓéÀÖ Habitat Plan. By adopting a comprehensive approach to conservation planning and regulatory compliance and leveraging ICF’s unparalleled understanding of HCP regulations and client needs, we have contributed to Å·²©ÓéÀÖ conservation of species and habitats and provided long-term benefits to local government agencies and Å·²©ÓéÀÖ broader Santa Clara County community.
ICF has decades of experience navigating bureaucracy to get things done—not only saving clients valuable time and money, but also ensuring that development is balanced with local conservation.