THE METROPOLITAN BAKERSFIELD HABITAT CONSERVATION
PLAN
WHAT IS THE METROPOLITAN BAKERSFIELD HABITAT CONSERVATION
PLAN?
The Metropolitan Bakersfield Habitat Conservation Plan (MBHCP)
is a program that addresses the effect of urban growth on federally
and State protected plant and animal species within the Metropolitan
Bakersfield General Plan area. The MBHCP is a joint program
of the City of Bakersfield and Kern County that was undertaken
to assist urban development applicants in complying with State
and federal endangered species laws.
HOW DO THE STATE AND FEDERAL ENDANGERED SPECIES ACTS
AFFECT LAND USE PERMIT APPLICANTS?
State and Federal Endangered Species Acts prohibit the "take"
(killing, harming, or harassment) of plant or animal species that
are listed as endangered or threatened. Under the federal law,
species "take" also includes the loss of species habitat
to urban development, such as buildings, paving, grading, etc.
Endangered species protected under these State and federal laws
include the San Joaquin kit fox, Tipton kangaroo rat, blunt nosed
leopard lizard, Bakersfield cactus, and others.
Prior to the development of the MBHCP, individual project applicants
were required by State and federal wildlife agencies to demonstrate
compliance with the endangered species laws by preparing expensive
biological reports, securing compensation lands, and undertaking
other measures to avoid impacts to the species. These requirements
added expense, project delay, and uncertainty to the land development
process.
WHY DO WE HAVE A METROPOLITAN BAKERSFIELD HABITAT
CONSERVATION PLAN?
The MBHCP is designed to bring certainty to the process of
complying with endangered species laws while allowing for future
economic growth of the Metropolitan Bakersfield area. The program
also satisfies the conservation goals of State and federal endangered
species laws.
HOW DOES THE METROPOLITAN BAKERSFIELD HABITAT CONSERVATION
PLAN WORK?
The MBHCP utilizes a mitigation fee paid by applicants for
grading or building permits to fund the purchase and maintenance
of habitat land to compensate for the effects of urban development
on endangered species habitat. The lands to be acquired for the
program are generally located outside the Metropolitan Bakersfield
area.
Kern County and the City of Bakersfield have entered into a
legal agreement with the California Department of Fish and Game
and the U.S. Fish and Wildlife Service that spells out obligations
in conjunction with the MBHCP. The agreement allows the County
and the City to receive habitat mitigation credit that can be
applied against future habitat loss that accompanies urban development.
HOW DOES THE METROPOLITAN BAKERSFIELD HABITAT CONSERVATION
PLAN AFFECT ME?
If you plan to grade, build, or otherwise develop land within
the Metropolitan Bakersfield area, you will be responsible for
payment of a one-time MBHCP habitat mitigation fee of $2,145 per
gross acre of land involved in your development. The fee for parcels
containing less than 2 1/2 acres is based on the size of the parcel.
For example, if your development site is a half acre parcel your habitat
mitigation fee would be $1072.50.
The habitat mitigation fee is collected from you by the County
Building Inspection Division along with any other fees that are
associated with the building or grading permit. The habitat mitigation
fee is due at the time that your grading or building permit is
issued.
DOES EVERYONE PAY THIS FEE?
Unless separate mitigation has been agreed upon by the wildlife
agencies, all new development that is covered by the program pays
the habitat mitigation fee.
There is also a limited number of activities for which payment
of a habitat mitigation fee is not required under the terms of
the program, either because the activities are not covered by
the program or because of the activity's minimal impact. Those
activities include:
Additions, remodels, or reconstruction totaling not more that
a 50% increase over the existing development.
Replacement of a mobilehome.
Oil and gas production and extraction.
Commercial agriculture (where permitted) including equipment
buildings, storage, barns, and agricultural housing.
Development on property for which wildlife agencies have already
granted "incidental take permits".
Demolition.
Development on property for which an Interim HCP fee was paid
before the current program was approved.
HOW DOES THE METROPOLITAN BAKERSFIELD HABITAT CONSERVATION
PLAN FACILITATE PROCESSING OF MY LAND USE PERMIT?
The MBHCP was developed in conjunction with the local building
industry to facilitate the land use permit issuance process. In
addition, the program provides the following benefits:
Provides compliance with State and federal endangered species
laws.
Provides for candidate species that have yet to be listed.
Avoids expensive piecemeal biological reports and project-by-project
mitigation.
Provides predictable mitigation for project applicants.
Coordinates State and federal wildlife agency mitigation requirements.
(FORM218.PDS 11/07)
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