Re: Arnold MD Development

Ellen Paul (epaul@dclink.com)
Tue, 27 Oct 1998 10:48:41 -0500 

Not to be overly critical, but there are some slightly unclear
statements in this summary offered by Christine.  

1. The critical habitat issue doesn't apply to "some species of plant or
animal" but only to species that are actually on the Endangered Species
List.  I think this is implied from Christine's reference to the
Environmental [sic] Species Act, but just wanted to be sure it is clear.

2. It can take a year or more to have a species added to the list, or
even listed as a candidate species.  However, if you want to try this
route, then at least contact the Maryland Natural Heritage Program to
see if they have surveyed the property and know what's on it.  The
Heritage Program is a project of The Nature Conservancy, which initiates
state-wide biotic surveys, and then ultimately turns the project over to
the state.  I would guess that the Maryland Natural Heritage Program is
run by Maryland DNR (Department of Natural Resources headquartered in
Annapolis). The Endangered Species lists won't tell you where things
are, other than by state. 

The federal Endangered Species List, broken down into state
distribution, 
is on the FWS server (www.fws.gov - click on Endangered Species).  I
think the state endangered species lists are also there.

3. There is a very large unresolved question in this country about the
issue of private property.  The government can't just re-zone everything
so as to prevent development.  The Constitution requires that no private
property be taken without "just compensation."  This is the basis for
our law of condemnation - the government can take your property, but
must pay you for it.  It happens all the time for roads and other
infrastructure.  The same law also applies to "takings" for other
purposes, including conservation.  To persuade the county to make a
zoning change, you'd have to persuade them to be willing to pay for the
property.  The same would be true for the state.  Now, before you
undertake this effort, you might want to stop and think about whether
this particular area is really worth that kind of effort and expense. As
much as we all want to save every inch of green/open/habitat for
birds/etc., it just isn't practical.  No one has that much time, money,
and energy.  These battles can be very long and expensive.

I still think that it's worth talking to the developer and the county
planners to see if the developer won't consider designing the
development around the pond and leaving a green buffer area in place.  

At this point, what is really needed is more information.  What is the
zoning?  What is the proposed development?  What is the nature of the
pond?  Is there a source of water other than rain water?  If not, this
is likely to be an ephemeral pond anyway, as the natural succession of
ponds is to become meadows.  That's not to discount the general value of
open/green area, but it really helps to know what you are talking about
when trying to decide what avenues are open to you.

Ellen


 



-- 
Ellen Paul           
Executive Director
The Ornithological Council
Mailto:epaul@dclink.com
Ornithological Council Website:  http://www.nmnh.si.edu/BIRDNET
"Providing Scientific Information about Birds"