Hays County Regional Habitat Conservation Plan
Hays County Regional Habitat Conservation Plan
Regional habitat conservation plans are designed to help developers, landowners, cities, school districts, and state and local agencies navigate the compliance requirements of the federal Endangered Species Act (ESA). The ESA requires that any individual or other entity that plans to undertake an activity that could result in a “take” of an endangered species must obtain a permit from the U.S. Fish and Wildlife Service (USFWS).
“Take” is defined broadly in the USFWS regulations to include harm to a species caused by degradation or destruction of its habitat. To obtain a permit, the applicant must prepare a habitat conservation plan that shows how the potential harm to the species will be minimized and mitigated.
A regional habitat conservation plan is designed to cover a large geographic area, numerous landowners, multiple species, and a variety of activities. Regional habitat conservation plans streamline compliance with ESA by establishing an umbrella authorization for a number of activities that would otherwise require an individual permit from the USFWS. These plans also establish a uniform set of mitigation options for all of the development activities planned that might have an impact on rare species.
A number of federally threatened or endangered species are known to occur in Hays County, including the golden-cheeked warbler, black-capped vireo, and various aquatic species. Several poorly known cave-adapted invertebrate species also occur within Hays County. Hays County also includes a number of sensitive aquatic and geologic features, including important springs and aquifer recharge features.
The Hays County Habitat Conservation Plan will identify important natural resources in the county, evaluate potential threats to endangered species, and set up a program for protecting them for future generations. The focus of the plan will be to protect habitat for the golden-cheeked warbler and black-capped vireo; however, conserving habitat for these target species will also benefit other species that rely on the same habitats.
In September of 2005, Hays County was awarded a $753,750 grant from the U.S. Fish and Wildlife Services (USFWS) to develop a regional habitat conservation plan. The grant requires a non-federal match of $251,250, which can be provided through county in-kind services and other local funds. The Texas Parks and Wildlife Department will administer the grant on behalf of the USFWS.
In October of 2006, the Hays County Commissioners Court approved a detailed work plan prepared by the consultant team to complete the Hays County Habitat Conservation Plan. Two key committees, the Biological Advisory Team and the Citizens Advisory Committee, are currently working with environmental, economic, and legal consultants to help prepare the Hays County Habitat Conservation Plan.
A conceptual draft plan should be completed by the end of 2008. Both the Citizens Advisory Committee and the Biological Advisory Team held monthly meetings in 2008.
On December 9, 2008, the Hays County Commissioners Court held a work session to discuss the third draft of the Hays County Regional Habitat Conservation Plan (RHCP), with a focus on the County's anticipated obligations under the RHCP and the funding plan. The County also discussed the remaining steps in the process, from completion of the application draft RHCP and Preliminary Draft EIS anticipated in late January/early February 2009 and through permit issuance anticipated in late 2009. Click here for a summary of the draft plan.
