Re[2]: Arnold MD Development

ctaylor@seamail.nos.noaa.gov
Tue, 27 Oct 98 09:31:14 -0500


Hi,

I've been working on my master's in environmental science and policy for a few
years so I thought I might give you what I know is available to you based on my
limited knowledge of the pond (which is really nothing).

If the area is the "critical habitat" of some species of plant or animal, then
you can use the Environmental Species Act to fight the development.  The area
would have to be large enough to support a viable population or be part of a
meta-population (part of a smaller population that interacts with others of the
same species in other nearby habitats). I know this is doubtful, but many plants
and invertebrates are usually overlooked and may actually be present at your
site.  It is probably too late to actually ask to have a species listed by F&W. 
Check the ES List on the internet (USF&W) and/or the Maryland ES list, you may
just find that some rare plant is living pond-side.   If you no longer have
access, you could check while attempting to remove the nest boxes.  They have
basically given you permission to tresspass by asking you to remove your
property.

Alternatively, if this is a favorite area for many residents of the area, you
might be able to enlist enough local support to have the planning powers that be
take the community use of the area into consideration before issuing building
permits and all the other infrastructure permits that are needed for the
development.  Contact Audubon Naturalist Society (ANS) for advice and they may
tell you who in the area deals with these types of concerns.

I would definetly agree with Ellen Paul, that an environmental lawyer should be
consulted. ANS or other environmental org's may know of a lawyer to contact.

I have a friend that recently bought a large piece of forested property behind
her house in Delaware to keep it from being logged. She payed more than it was
worth even if you consider the timber. She put the land in some sort of land
trust so that it can never be developed.  She and her husband actually got a
refund on their tax return this past year (which never happened before).  So
even if you don't think you can afford to buy the land, you may be able to if
you find out about the environmental tax perks.  

Good luck,

Christine Taylor
christine.taylor@noaa.gov
Reston, VA