IV. LINKING SPECIFIC PROBLEMS WITH APPROPRIATE TOOLS

A. INTRODUCTION

Although protecting wildlife is popular goal, implementing that goal is often difficult. As the old saying goes, "to plan is heavenly, but to implement is divine". Even if local residents and officials understand the basic framework and the workable principles of habitat protection described in Chapters II and III, if is often unclear how to translate them into an effective set of wildlife protection programs. The problems are compounded by the fact that wildlife protection is never the only important goal of the community -- it needs to be balanced and integrated with other objectives. Sometimes, that means finding the least intrusive way to implement wildlife protection goals. In addition, wildlife protection almost always involves a discussion about the use of real estate and the need to protect private property rights. In order to respect competing goals and rights, it is important that the community understand the different tools that are available to achieve habitat protection.

B. DISTINCTIONS IN SCALE AND LOCATION

The previous sections have distinguished between wildlife protection principles that apply at the landscape scale (such as a valley, a basin, or a major development site) and those that occur at the site scale (such as a single lot or a small development area). It is important to understand that the concepts of landscape scale and site scale planning have different implications depending on where the planning site is on the rural-urban continuum. That is because the planning concepts of "scale" and "location" are different.

• Distinctions in Scale, such as "Landscape Scale" and "Site Scale"
relate to the question: How big is our planning area?

• Distinctions in Location, such as "Rural, Suburban, and Urban"
relate to the question: Where is our planning site located?

In order to develop an effective plan for wildlife habitat protection at the local level, the community needs to take into account both the scale and location of their planning area. Each possible combination of scale and location produces its own distinct mix of opportunities and challenges.

Opportunities include situations where the scale of the planning effort or the location of the land make it relatively easily to achieve one or more of the biological principles discussed in Chapter III. Communities should focus on those opportunities and should ensure that the planning effort does not compromise a principle that is relatively easy to achieve. Just because a principle is relatively easy to achieve in a given situation does not mean that it is not important. Sometimes very basic protections -- such as the preservation of large patches of vegetation and effective buffering of those areas -- can be very important to wildlife. In general, the broadest range of opportunities occurs when the community can design a habitat protection scheme based on landscape scale planning for a rural area. In contrast, the list of opportunities is much shorter when the opportunity is for site scale planning in a heavily developed urban area.

Challenges, on the other hand, are situations where either the small size of the planning area or the location of the land makes it difficult to achieve one or more of the principles. This does not mean that the challenge is impossible, just that it may require careful attention or creative thinking to solve the problem. In general, the list of challenges increases as the scale of the planning decreases and the land becomes more urban. When planning is limited to a smaller scale site in a developed urban area, it may be a challenge to implement any of the listed principles. In solving their particular challenges to wildlife habitat protection, communities should be careful not to compromise or forfeit those principles that are natural opportunities for the site and that may be easier to sustain over the long run.

C. THE OPPORTUNITY/CHALLENGE MATRIX

In Chapter III, Tables 4 and 5 listed important biological principles that can help preserve wildlife habitat. Table 7 builds on those principles and summarizes a general set of opportunities and challenges that may present themselves in a wildlife protection effort. Obviously, this breakdown of opportunities and challenges will differ for each community and will change depending on which species of wildlife are targeted for protection. In particular, opportunities and challenges may shift depending on whether large or small species are being targeted, and depending on whether the community is trying to preserve a relatively rare or a relatively common set of species.

Planning in rural areas can be done at either the landscape scale or at the site scale, depending on whether the community is engaged in an area-wide planning effort or is drafting specific design standards for lots and subdivisions. Where the habitat lands have not been badly fragmented, it is important to do both.

In addition, Table 7 shows that planning for suburban areas can also be done at both the landscape scale and the site scale. Often, a community can predict that development will continue to trend outward from developed areas, and can engage in an area-wide protection effort for habitat in growth areas. Just because development has begun to move into an area does not mean that protection efforts are limited to site-scale principles. Although the inner edge of a growth area may have so much existing construction and population that site scale principles are appropriate, the outer edge of the area may be so undeveloped that landscape principles can be effective. This is very important, because suburban areas are the fastest growing areas in the state, as well as in the U.S. as a whole. It is also the area in which potential habitat land is being lost at the fastest rate. Failure to use all of the tools available to protect habitat in suburban areas may have the largest impact on wildlife within a typical planning horizon of twenty years. Planning for wildlife habitat protection in suburban areas may also require the most careful thought -- simply because it is neither urban nor rural. This "in-between" status may make it difficult to determine which landscape and site scale principles will be effective -- but it is essential that the community think through all of the potential principles that may apply.

In urban areas, the opportunities are more limited. This is simply because large patches of native vegetation seldom exist, corridors have already been blocked, and it is unreasonable to expect that natural events such as floods and fires can be allowed to occur where large numbers of people live nearby. Table 7 suggests that landscape scale principles are largely inapplicable to urban areas, and that planning for urban infill projects should focus on site scale principles. In those rare cases where very large areas are available for planning or redevelopment in urban areas (for example, sites over 1,000 or 2,000 acres, such as the Stapleton Airport site in Denver), and potential wildlife connections to other areas have not been irretrievably lost, communities should think of the site in suburban terms and should also attempt to apply landscape principles.

Table 7: The Opportunity/Challenge Matrix
	LANDSCAPE SCALE (Valley or Large Development Site)		SITE SCALE (Infill or Small Development Site)
	Opportunities	Challenges	Opportunities	Challenges
RURAL AREA	Maintain Large Patches Prioritize Species Protect Rare Landscapes Maintain Habitat Connections Protect Regionally Rare Species Allow Fire, Flood, and Wind Keep Some Areas Off Limits		Maintain Buffers Facilitate Wildlife Movement Mimic Natural Features	Minimize Contact with Large Predators Control Pet-Sized Predators
SUBURBAN AREA	Prioritize Species Protect Rare Landscapes Maintain Habitat Connections	Maintain Large Patches Protect Regionally Rare Species Allow Fire, Flood, and Wind Keep Some Areas Off Limits	Maintain Buffers Minimize Contact with Large Predators	Facilitate Wildlife Movement Control Pet-Sized Predators Mimic Natural Features
URBAN AREA	N/A	N/A		Maintain Buffers Facilitate Wildlife Movement Minimize Contact with Large Predators Control Pet-Sized Predators Mimic Natural Features

D. THE SCALE/TOOL MATRIX

A second way to approach wildlife habitat is to think about which specific habitat protection tools may be applicable at the scale for which planning is taking place. Some tools, -- such as land purchases or transferrable developments rights programs -- may be more effective when used at the landscape scale to protect relatively large areas of potential habitat. Other tools, -- such as clustering or the targeting of required land dedications -- may be more effective when used at the site scale. Finally, some tools such as zoning and subdivision review standards can be effective at both scales. Table 8 sets forth a general outline of potential tools and the scale at which they are traditionally used. It is important to realize, however, that almost all of the listed tools can be used effectively at any scale with a little creative thinking. Each of the tools listed in Table 8 is described in more detail with examples in Chapter VI.

E. TOOLS FOR THE LANDSCAPE LEVEL

In general, the tools that will be effective in implementing the landscape scale principles in Chapter III are those that can address the general location of development areas within an entire valley or basin. When wildlife protection is addressed at this level, it may require that new development or significant human activity be excluded from an area. If that area includes all or part of a private landowner's parcel, then tools that provide compensation to the owner -- in terms of either money or the ability to develop elsewhere -- may be appropriate. Potential tools include habitat purchase, transferrable development rights (TDRs), preferential taxation, and limited conservation development. Protection of large patches of native vegetation and corridors may also require the creation of new large scale zones or overlay districts, or the use of new subdivision review standards. Finally, an effective approach to wildlife protection at the landscape scale may require the cooperation of several different governments in the valley or watershed or range area through the use of intergovernmental agreements. All of these tools attempt to steer new development activity away from sensitive areas through constitutional means. They do not attempt to address what the new development will look like -- just where it will take place. The effective use of any of these tools should be based on accurate information about vegetation and the known range of the targeted species, both of which are sometimes available from the Division of Wildlife. If accurate information is not available from other sources, then such information should be obtained from local knowledge of wildlife behavior patterns and locations.

F. TOOLS FOR THE SITE LEVEL

Appropriate tools for site scale also address where development occurs, but on a much smaller scale. Instead of answering the question "where are there sensitive patches of vegetation or wildlife corridors in this valley?", they answer the question "where are there opportunities to buffer or connect wildlife-supporting vegetation on this particular property?" Site scale tools also address the question "how can the development be designed and human activity controlled within this area to minimize disturbance to the chosen species?"

Appropriate tools to address these issues include the language of the zoning ordinance, (which controls permissible uses of the land and the size and location of structures on their sites)

Table 8: The Scale/Tool Matrix.	LANDSCAPE SCALE TOOLS	SITE SCALE TOOLS
REGULATORY TOOLS
Zoning Texts and Maps	X	X
Special Overlay Districts	X	X
Agricultural and Open Space Zoning	X
Performance Zoning		X
Phasing of Development		X
Subdivision Review Standards	X	X
Sanctuary Regulations	X
Urban Growth Boundaries	X
Targeted Growth Strategies	X
INCENTIVE TOOLS
Density Bonuses	X	X
Clustering		X
Transferrable Development Rights	X
Preferential Tax Treatment	X
ACQUISITION PROGRAMS
Fee Simple Purchase	X	X
Sellbacks and Leasebacks	X	X
Options and Rights of First Refusal	X	X
Easements and Purchases of Development Rights	X	X
Land Dedications and Impact Fees		X
DEVELOPMENT AGREEMENTS		X
CONTROL OF PUBLIC INVESTMENTS	X	X
TAXING AND ASSESSMENT DISTRICTS	X	X
PRIVATE SECTOR INITIATIVES
Land Trusts		X
Limited Conservation Development		X
Industrial Restoration Showcase Projects		X
INTERGOVERNMENTAL AGREEMENTS	X
EDUCATION, CITIZEN INVOLVEMENT, AND TECHNICAL ASSISTANCE	X	X

and the subdivision standards (which control the layout of building sites and the amount and location of land parcels that must be set aside for parks within the development). Zoning and subdivision controls can also set standards for vegetation, buffering, noise, glare, and the number of domestic pets, all of which can affect nearby wildlife. Another appropriate tool is clustering, which allows a landowner to move permitted development density from one portion of the site to another in order to protect sensitive lands. Development density bonuses are also sometimes included to encourage such clustering. In contrast to landscape level tools, site level tools seldom attempt to prevent development or human activity on all of an owner's land -- and so TDR or land purchase tools are seldom required. Instead, easements or limited conservation development plans may be more appropriate.

G. EXAMPLES OF PROTECTION PROGRAMS

The use of landscape tools and site scale tools should not be treated as an "either/or" choice. In many rural and suburban communities, an effective wildlife habitat protection program will include both types of tools. Set forth below are three hypothetical examples of possible wildlife habitat protection programs for three types of communities. These examples are not suggested as models, because the tools appropriate for each community will always be determined by that city or county's specific wildlife protection goals. Instead, they are presented to show how local communities may need to pull different landscape scale and site scale tools from Table 8 in order to achieve their goals. All of the tools listed in these examples are described in more detail in Chapter VI.

1. THE JACKELOPE VALLEY -- A RURAL PROGRAM.

The citizens of Jackelope Valley moved there because they enjoyed watching large game animals and fishing on the gold medal trout stream that runs through the valley. They have also learned that the valley contains substantial areas with good habitat for two species of fox that are common in the valley but relatively rare in their portion of the state. After a thorough planning process, they decided to adopt a valley-wide habitat protection program to preserve the abundance and increase the distribution of these species. Their program included the following elements.

Landscape Scale Elements

• A wildlife preservation overlay district requiring that development be kept 500 feet away from identified corridors connecting different areas of large game habitat, and from identified corridors connecting different areas of fox habitat.

• A transferrable development rights program allowing landowners whose entire property was designated as prime habitat to transfer their development rights to designated growth areas adjacent to the towns in the valley, and giving them a density bonus for doing so.

Site Scale Elements

• New subdivision standards requiring that developed portions of lots be more than 200 feet away from the trout stream, and requiring that the land within 200 feet of the stream be kept in natural vegetation to help clean runoff water.

• An educational program to encourage large ranchers whose property contained some prime habitat areas to cluster development, to work with private land trusts to develop the least sensitive areas of their property, and to donate easements over the sensitive areas in return for tax deductions.

2. HIDDEN VALLEY RANCH ESTATES -- A SUBURBAN EXAMPLE

Spruceland is a growing Front Range suburb located on land that was formerly agricultural. There are scattered stands of spruce and other trees, several small streams that were plowed over by the farmers, and an area of rising terrain leading to a unique "cragrock" formation. Leapfrog development has resulted in an irregular mixture of developed and undeveloped parcels. The citizens of Hidden Valley Ranch Estates became concerned that they no longer saw deer on the undeveloped land or heard songbirds in the morning, and they decided to target those species for protection. They also noticed that they saw fewer types of small animals around the cragrock area. After reviewing information about predicted growth for the city and remaining areas of vegetation, they decided that their goal was to increase the abundance and distribution of mule deer and to preserve a viable population of songbirds. Their program has the following elements.

Landscape Scale Elements

• A habitat purchase program funded by a portion of their sales tax proceeds to purchase the cragrock area in order to preserve that rare landscape element.

• A zoning text amendment requiring that all mature stands of more than five trees and their associated understory be preserved and integrated into new development, and that construction activities avoid disturbing the area within 25 feet of those trees.

Site Scale Elements

• A new subdivision regulation requiring that developers of land containing the old plowed-over streams grade and vegetate their land so as to recreate those old streams as possible mule deer migration corridors.

• A clustering ordinance giving developers a development density bonus if they cluster development at least 500 feet away from the restored streams -- approximately the flushing distance for mule deer.

3. FORT PALMER -- AN URBAN EXAMPLE

Fort Palmer is one of the larger cities in the state and is largely built out. There are still a few significant development parcels on the periphery, however, and continuous infill and redevelopment activity. Citizens still notice significant numbers of small animals such as coyotes and rabbits in the drainageways and along the city's hike/bike trails. There are also significant numbers of ducks and geese that use the city's parks and undeveloped lands as winter habitat. After studying potential wildlife corridors and vegetation, the citizens decided to target these species and to aim at preserving their current numbers. Fort Palmer decided to pursue a site scale strategy and adopted a wildlife habitat protection plan with the following elements.

Site Scale Elements

• A zoning text amendment requiring that native vegetation that serves as cover and food for ducks and geese be planted as part of the development or redevelopment of parcels over 2 acres, and that construction on those parcels not occur during nesting seasons.

• A performance zoning system requiring that all new development near the drainageways or wooded areas earn a given number of points through wildlife sensitive design -- such as designating and buffering significant habitat areas, preserving existing vegetation, or preventing nighttime glare onto stands of trees or buffer areas -- in order to proceed with development, and offering density bonuses to those who earn more than the minimum number of points.

• A program to construct low-rise fencing along unpaved trails in the drainageways, to make the disturbance from hikers more predictable and more limited in area.

The examples of Jackelope Valley, Hidden Valley Ranch Estates, and Fort Palmer illustrate several points. First, they show the importance of wildlife planning for the community. None of the three communities would have been able to craft an appropriate plan without first studying the land, the existing wildlife, the regional context, and the opinions of their residents. Second, they show how each community's habitat protection plan is likely to be different. Not only are different species important to different communities, but the preservation goals also differ. Some communities will want to expand the numbers of wildlife, others will focus on increasing the variety of wildlife, and yet others will be satisfied with preserving the types and kinds of wildlife that are already present. Third, the examples show the wide variety of wildlife habitat protection tools that can be used to achieve specific goals. Each of the tools mentioned above -- and many more -- are discussed in Chapters V and VI below. Once again, the package of tools will have to be assembled and tailored to match the specific goals of the community.

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