§ 50-193. Wildlife assessment.

(a)

Review process. For all new subdivisions and planned unit developments, the review process shall include a request by the county to the state game and fresh water fish commission and the United States Fish and Wildlife Service for an assessment of known or potential impacts upon threatened or endangered species or their habitat.

(b)

Wildlife management area. In the event that threatened or endangered species are identified as provided in subsection (a) of this section, a wildlife management area shall be established, of a size adequate to maintain a viable population of the affected species.

(1)

The size of the habitat area will be established by a wildlife biologist employed by the developer, or as an alternative, by the developer in cooperation with the state game and fresh water fish commission.

(2)

The habitat area may be retained for use as passive open space and an integral part of the development, or it may be conveyed to public or private, nonprofit use. As an incentive to developers, any undeveloped area development rights may be utilized on the remaining portion of the development, at a rate equal to 1.5 times the intensity of use that would have been allowed if the habitat area were not reserved.

(3)

In the event that an acreage adequate to maintain a viable population of the affected species cannot be provided on-site, several options are available as follows:

a.

The developer may, conditional upon approval of the affected state and federal agencies, relocate the affected population to a suitable public habitat off-site which such habitat is inadequately stocked with the affected species; or

b.

The developer may purchase an alternative site which is potentially suitable for the affected species but currently lacking one or more features essential for suitable habitat, create a suitable habitat pursuant to a wildlife management plan approved by the state game and fresh water fish commission, and relocate the affected species at such time as the habitat becomes suitable;

c.

Pay a fee to the state game and fresh water fish commission, at a rate to be established by that agency, for the commission to acquire an alternative site, improve the site and relocate the affected species.

(c)

On-site habitat restoration. Any on-site habitat shall be restored as necessary to provide optimal conditions for species survival.

(1)

Restoration methods shall be pursuant to a wildlife management plan approved by the state game and fresh water fish commission.

(2)

Restoration costs shall be paid by the developer. A bond may be posted if the developer desires to initiate construction prior to the completion of habitat restoration.

(d)

Wildlife management level. Where wildlife habitat is retained as an integral part of the development, the developer shall establish a mechanism that ensures perpetual wildlife management at a level adequate to maintain optimal conditions for species survival.

(e)

Mitigation. Mitigation (replacement) is mandatory for any threatened or endangered species habitat that is unavoidably destroyed or adversely affected by development activities.

(1991 LDR ch. 53, art. 7)