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Environmental Protection

To Mitigation and Beyond

Julian Juergensmeyer James Nicholas April 12, 2003

Where are we?


We have passed numerous laws and regulations
destruction of the environment as defined by some agency is illegal.

While there are undoubted achievements

Perhaps the biggest achievement of our environmental protection programs, has been the evolution of a substantial industry directed towards the non-achievement of broader goals of environmental preservation.

The goal of the regulated industries is not to lessen pollution but to lessen the level of environmental protection and thus their costs

while a host of advocacy groups demand more, more and more preservation without regard to those cost!

What this amounts to is big govmnt and special interests takin mah property to provide habitat for PEOPLE.
I dont know bout you, but Ah think we got enough people as it is. There everywhere! It just galls me to think that the land mah family has called home for 12 generations cant be used the way Ah see fit.

Is this America?

But it seems that something has been lost in our discussions about the environment. Isnt the environment something that has value?
Certainly a nice neighborhood is valuable. Clean air and water are very valuable. People will pay dearly for beautiful vistas.

Why cant we build on this?

Julian and I were thinking!

Got any ideas?

Do you really think that we can clean up this mess?

Maybe not, but we can try!

Can we apply impact fee concepts and methodology


which have been fairly successful

to broader questions of the environment?

Weve seen linkage applied to a variety of social issues Low income housing Employee housing Day care facilities Art in public places What about the green infrastructure?

What if Adam Smiths invisible hand preserved rather than destroyed the environment?

It is not from the benevolence of


the butcher, the brewer or the baker that we expect our dinner,

but from their regard to their self-interest. We address ourselves not to their humanity,
but to their self-love, and never talk to them of our necessities, but of their advantages.


Lets talk about market based approaches to environmental mitigation! Lets have people make money preserving the environment!

We have learned from air emissions trading . . .

We have learned from wetlands mitigation banking . . .

And we have learned from impact fees ...

With an impact fee . . .


We . . .
Project demographic & economic projections Identify lands needed to accommodate Set levels of service for
Roads Public safety Parks Etc

Develop capital plans to maintain those levels of service Adopt impact fees to pay for it all.

Now, lets put them together.


First, recall what Charles Haar told us
Act in accordance with a comprehensive plan!

So, develop a comprehensive plan that provides for environmental protection


Wetlands Critical Habitat Open spaces

But the environment includes


Green spaces grass & trees A tree canopy Cultural resources Historic resources Places for picnics Agriculture, cattle ranches etc.

Simply, some places that stay what they have been.

Then . . .
Require that developments must MITIGATE their impacts on the above. But how?

First, add land disturbance to the usual definitions of impact


If a development is infill, it disturbs no property If a development is redevelopment, it disturbs no property It its urban sprawl, they must mitigate;
Set aside green space habitat achieve tree canopy Or have somebody else do it for you.

Establish or encourage the establishment of various mitigation banks


Wetlands Habitat Open spaces Areas with canopy Historic or cultural areas

The Environmental Impact Fee


Impact fee schedule
Roads, $1,674 per dwelling unit Schools, $2,771 per dwelling unit Public safety, $679 per dwelling unit
Environment, preserve 25% of the site or acquire credits for that acerage or pay $____ per acre disturbed.