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Questions & Answers
The following questions and answers are designed to provide a brief introduction to the Natural Community Conservation Planning/Habitat Conservation Plan program recently announced for eastern Merced County.
The State of California supports broad-based planning to provide effective protection and conservation of the state’s wildlife heritage while continuing to allow for appropriate development and growth. The Natural Community Conservation Act (NCCP) was enacted to achieve such habitat planning. Under this act, local, state and federal agencies are encouraged to prepare NCCPs to provide comprehensive management and conservation of multiple animal and plant species, rather than preparing numerous individual plans on a species-by-species, project-by-project basis. The active participation of landowners will be voluntary.
The NCCP described in this proposal, to be prepared by the County of Merced, will also satisfy the requirements for a Habitat Conservation Plan (HCP) under the federal Endangered Species Act of 1973. Both the federal and state Endangered Species Acts protect threatened and endangered plants and animals and require permits for individual actions, such as development, that would put them at risk.
Merced County is projected to be one of the fastest growing counties in the state over the next 20-40 years. In the face of inevitable population growth, the goals of the combined plan are to:
NCCP/HCPs provide a streamlined process for project permitting, provide long term solutions to land use conflicts, emphasize voluntary cooperation and region wide planning and sustain habitat protection on a broader scale. These plans fold the state and federal permitting processes into the local development permitting process, thereby providing project applicants with “one stop shopping”. Project applicants would not be required to consult separately with multiple state and federal regulatory agencies. NCCP/HCPs incorporate mitigation standards that provide project applicants with consistency and predictability.
These acronyms stand for laws or programs that involve protection of threatened and endangered species. The letters can be confusing at first, but appear so often in discussions of endangered species that it makes sense to understand what they mean.
NCCPs and HCPs address the integration of conservation needs and private land uses. The primary factor leading to the decline of native plant and animal species in the United States is habitat loss resulting from land use practices such as urban development and the conversion of agricultural uses. Conflicts have arisen between private land uses and “take” prohibitions under FESA and CESA. HCPs and NCCPs provide long-term mechanisms to conserve species, habitat and valuable open space while allowing compatible land uses to occur.
The NCCP/HCP would cover all unincorporated lands in eastern Merced County, as well as those incorporated cities that choose to participate. The laws described above affect current and potential development activities in the County. CESA and FESA now prohibit “take” of listed species in eastern Merced County. The NCCP/HCP would provide a streamlined and locally-controlled process to carry out lawful activities that would result in incidental “take”.
Owners of certain properties having biological value in Eastern Merced County will be given the opportunity to sell conservation easements ensuring that biological values are maintained while allowing the continuation of compatible agricultural practices and operations.
The easements conserve lands in their current state. While such lands may contribute to the Plan as a whole, the NCCP/HCP would also provide incidental “take” permitting; a scientifically-based conservation strategy; a process for monitoring and managing levels of impacts and conservation actions; and a synthesis of conservation, economic, agricultural and other local goals.
Under state law, an NCCP must be based on independent scientific input. Advice and review, as appropriate, are provided by a group of scientists with relevant and appropriate training and experience. They will be selected by their facilitator from a pool of candidates found acceptable by the parties to the Planning Agreement. Prior to Plan development and at intervals throughout the process, as needed by those preparing the Plan, these scientists offer valuable advice to the community to ensure that the conservation strategy that is developed is sufficient to actually protect and “conserve” the animals and plants in Eastern Merced County that are known to be affected by changes in land use, and by development.
The “Planning Agreement” is required under state law, and initiates a process to develop the NCCP. It was signed in May 2001 by Merced County, the California Department of Fish and Game, the U.S. Fish and Wildlife Service and the University of California. It states that the County has:
Public participation will be a key element of the planning process from the very beginning. The general public, local government, non-profit organizations, and community groups will be kept informed of the nature of the plan, its goals and related activities, and will be asked to participate in community “stakeholder” groups that will address specific issues and policies throughout the multi-year study.
The potential economic effects of the Plan are not known at this time. As part of the process, a study will be conducted to determine the effects of the NCCP/HCP on the local economy.
The NCCP is a voluntary program, and there is no legal requirement that any person, organization, or public agency actively participate or support the effort. Landowners, developers, local governments, and special districts are invited to participate and consider the potential advantages to the Plan.
The planning area is eastern Merced County, including the unincorporated areas located east of Highway 99, south of the Stanislaus County line, west of the Mariposa County line and north of the Madera County line. Additionally, incorporated areas within cities in the Plan area that choose to participate in the NCCP/HCP planning process may be included.
The County would have primary responsibility for preparation of the NCCP/HCP. Assistance will be provided by state and federal wildlife agencies, the community advisory committee and the stakeholder groups that participate.
These agencies implement the provisions of the FESA and CESA, respectively. The state Department of Fish and Game also implements the Natural Community Conservation Planning Act (NCCPA), which preserves habitat for endangered species. Each agency has expressed its commitment to working with local communities to assist them in achieving compliance with these laws in a manner that responds to community needs for economic development. These agencies have the authority under current law to permit the “take” of protected species for activities that will affect those endangered or threatened animals or plants. Following their approval of the Plan, the action of authorizing such “take” would shift from these agencies to Merced County.
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Western Burrowing Owl
Striped Skunks
Holstein Cows
1. Why will Merced County prepare both an NCCP and an HCP?
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2. What are the benefits of an NCCP/HCP for Merced County?
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3. What is an NCCP and an HCP? What do CESA and FESA stand for?
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4. What issues do NCCPs and HCPs address?
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5. Who would be affected by an NCCP/HCP?
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6. How will conservation easements be included in developing the Plan?
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7. With all the easements being acquired by The Nature Conservancy through the state’s Wildlife Conservation Board, why is an NCCP/HCP needed?
8. Who are the Science Advisors and what is their role in developing the Plan?
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9. What is the Planning Agreement, who signed it and what importance does it have for developing a Plan?
“committed to undertaking a collaborative, systematic approach to protecting eastern Merced County’s ecologically significant resources, open space and agricultural lands, and to ensuring that the campus, associated community and other development projects comply with applicable federal and state laws.”
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10. How will the public be involved in the planning process?
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11. What is the economic effect on the County/City from implementation of the NCCP/HCP?
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12. Who is required to participate?
13. What geographic area is affected by the NCCP/HCP?
14. What role does Merced County government play in this plan?
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15. What about the US Fish and Wildlife Service and the State Department of Fish and Game?
If you have questions that we have not answered here, or wish to obtain additional information concerning the NCC/HCP program, please contact Michele McCormick of MMC Communications at 916-567-6309 or the project website at www.mercednccp-hcp.net.
