Poorly planned land development is a prime contributor to the loss of America’s natural heritage of animal and plant diversity. But a new report by the Environmental Law Institute® finds that simply utilizing existing biodiversity information may help remedy this problem. What is needed, the authors of Planning with Nature: Biodiversity Information in Action conclude, are improved linkages between biodiversity data generated by state natural heritage programs with land development and management decisions. The report highlights a broad spectrum of opportunities available to states under existing law and policy to require and encourage the use of biodiversity information in land use decisionmaking.
The report recommends three major improvements for the use of biodiversity information in land use planning and decisionmaking: 1) to better use existing laws to protect biodiversity; 2) to develop statewide biodiversity conservation plans; and 3) to provide local governments with technical support from state natural heritage programs.
“We hope that Planning with Nature will inspire state natural heritage programs to identify innovative ways that their data can be more effectively and creatively used to improve land use decisionmaking at the state and local level,” said ELI scientist Christina Kennedy.
To determine the current use of biodiversity information, ELI teamed up with NatureServe, a non-profit conservation organization that represents the network of natural heritage programs throughout the United States, Canada, and Latin America. NatureServe and its network of natural heritage programs are the nation’s leading source for information on rare and endangered plants, animals, and ecosystems.
“ELI’s report underscores the value of consulting with natural heritage programs at the start of the land use planning process,” said Mary Klein, NatureServe’s Vice President for Network Operations. “Getting the facts about threatened species and habitats early on helps state agencies, local governments, and developers to avoid conflicts later that can cost them time and money. That helps ensure that taxpayers’ money is spent wisely.”
Planning with Nature reveals that existing state and federal laws (see second sheet for state-specific highlights) offer vital opportunities for states to encourage or require consultation with state natural heritage programs to better assess impacts of land use decisions on biodiversity. While data from natural heritage programs are widely used for these purposes, there are numerous gaps and missed conservation opportunities. To better assess cumulative land use impacts on a landscape scale, states should consider developing a statewide biodiversity conservation strategy in the context of its existing laws. To ensure that localities know how to use data, states should establish, fund, and staff technical support and outreach programs for local governments as part of each state’s natural heritage program.
For more information about this report or ELI’s State Biodiversity Program contact Christina Kennedy at 202-939-3827. For more information on the Environmental Law Institute, please visit our web site at http://www.eli.org.
Highlights of Model Heritage Information Usage
ELI’s survey of 40 state natural heritage programs revealed that the following federal and state laws and policies drive heritage data requests (listed in order of prevalence): endangered species acts, wetlands laws or regulations, transportation planning laws or policies, environmental impact assessment laws, public land acquisition/open space initiatives, and land use planning and zoning laws. Below are key examples of how current state laws and policies effectively use heritage information to protect biodiversity.
Endangered Species Laws in California: California’s state ESAs are the most comprehensive endangered species laws in the nation. The state fish and game agency is required to submit scientific data and information to add or remove a species from the endangered and threatened species list. Required data include population trend, range, distribution, abundance, habitat requirements, survival and reproduction factors, and a species distribution map. In addition, the law sets forth a process that must be followed to develop a recovery strategy for each listed species.
Wetlands Laws in Michigan: Michigan’s wetlands laws drive more requests for heritage data than any other la