environmental mitigation

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    Environmental Protection

    To Mitigation and Beyond

    Julian Juergensmeyer

    James Nicholas

    April 12, 2003

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    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

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    Perhaps the biggest achievement of our

    environmental protection programs,

    has been the evolution of a substantial

    industry directed towards the non-achieve-ment of broader goals of environmental

    preservation.

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    The goal of the regulated industries is not

    to lessen pollution but to lessen the levelof environmental protection and thus their

    costs

    while a host of advocacy groups demand

    more, more and more preservation without

    regard to those cost!

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    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?

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    Julian and I were thinking!

    Got any ideas?

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    Do you reallythink that wecan clean upthis mess?

    Maybe not,

    but wecan try!

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    Can we apply impact fee concepts

    and methodology

    which have been fairly successful

    to broader questions of the

    environment?

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    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?

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    What if Adam Smiths invisible hand

    preserved rather than destroyed the

    environment?

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    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 theirhumanity,

    but to their self-love, and never talk to them of our necessities, but

    of their advantages.

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    Lets talk about market based

    approaches to environmental

    mitigation!

    Lets have people make money

    preserving the environment!

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    We have learned from air

    emissions trading .. .

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    We have learned from wetlands

    mitigation banking . . .

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    And we have learned

    from impact fees. . .

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    With an impact fee . . . We . . .

    Project demographic & economicprojections

    Identify lands needed to accommodate

    Set levels of service for Roads

    Public safety

    Parks

    Etc

    Develop capital plans to maintain thoselevels of service

    Adopt impact fees to pay for it all.

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    Now, lets put them together.

    First, recall what Charles Haar told us

    Act in accordance with a comprehensive plan!

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    So, develop a comprehensive plan thatprovides 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 theyhave been.

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    Then . . .

    Require that developments mustMITIGATE their impacts on the above.

    But how?

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    First, add land disturbance to the usualdefinitions of impact If a development is infill, it disturbs no

    property

    If a development is redevelopment, itdisturbs 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.

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    Establish or encourage the establishment

    of various mitigation banks Wetlands Habitat

    Open spaces

    Areas with canopy Historic or cultural areas

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    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.

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