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Sensitive Habitat Protection
Sensitive habitats are important to the survival of a plant or animal species that is valued because of the unique role it plays in the environment. Sensitive species and their ecological systems are plants and animals in danger of dying out due to low numbers of individuals per population, a limited number of populations, or a highly limited, fragmented, or vulnerable habitat. Sensitive species are protected under State law, Federal law, the County General Plan or other regulations. Sensitive habitats include:
  • the areas where these species live
  • the areas necessary for survival of the species (such as nesting, migration, or feeding grounds)
  • any location where disturbance is likely to lower population numbers
  • all marine, wildlife, and educational/research reserves
  • riparian corridors

The Sensitive Habitats Protection Ordinance:

This ordinance was designed to minimize disturbance in sensitive habitats and to protect these areas for their genetic, scientific, and educational value. The ordinance states that:

No toxic substance that will have adverse effects on the biotic community can be used in a sensitive habitat. In some instances, such substances can be used for agricultural purposes but only if mitigation measures can ensure protection.

No development activities or land disturbance can occur in a sensitive habitat until a biotic review has been completed. This review determines what kinds of development activities can be conducted and what mitigation measures may be necessary to ensure protection of the habitat.

Development activity includes any action that results in disturbance to rare, endangered, or locally unique plants and animals or to their habitats. Development includes, but is not limited to:

  • building, reconstruction, or alteration of structures on land, in or near natural bodies of water
  • grading, land clearing
  • change in density (including land divisions) or intensity of land use
These activities may be restricted depending on the specific sensitive habitat under consideration. Development may be permitted as long as the habitat remains undisturbed; permitted as long as mitigation measures can correct any resulting adverse effects; or prohibited.

Biotic Review

The applicant submits project plans and pays a fee to the Planning Department. A plot plan must show the location and type of existing and proposed development, property lines, features such as roads, gullies, significant vegetation, and other pertinent information.

Plans will be reviewed against County-maintained maps to see whether the site lies within a mapped sensitive habitat.

The Review may consist of one or more of the following:

  • A biotic presite: a preliminary site visit by County staff to determine if the site lies within a sensitive habitat
  • A biotic assessment: a brief review of on-site biotic resources conducted by a County-contracted biologist
  • A biotic report: (an in-depth study) will be required if the biotic assessment indicates that more information is needed. This report will be prepared at the applicant's expense by a professional biologist (the County has a list of biologists and revegetation specialists familiar with County report and plan preparation requirements.) The biotic report must be written according to County guidelines.
The biotic report will be reviewed by a biologist contracted by the County for this purpose. If the project will impact a State or Federally listed species, review and approval by the State Department of Fish and Game and/or the U.S. Fish and Wildlife Service will be required.

Result of Review:
If the biotic assessment or biotic report indicates that development may be permitted in a sensitive habitat, a biotic permit will be issued.

Mitigating Conditions

The developer will be required to compensate for any significant effects on the environment, as determined by the County's Environmental Coordinator. In addition, the developer may be required to:

  • Deed an easement to the County to protect the undisturbed portion of a sensitive habitat: and/or,
  • Restore any portion of a sensitive habitat which has been degraded; and/or,
  • Limit the portion of the site that will be disturbed; and/or,
  • Restrict land use. For example, livestock grazing may be prohibited.
Other conditions specific to the site and project may be required by the Environmental Coordinator based on information contained in the biotic assessment or biotic report.

Exemptions:

Exemption from the requirements of the Sensitive Habitat Protection Ordinance include:

  • Existing commercial agricultural operations.
  • Projects which are determined by the Planning Director to have received sufficient biotic review during the granting of a Riparian Exception for the project site.
  • Projects for which an Environmental Impact Report is required which includes biotic review through the California Environmental Quality Act.

Violations:

Violation of the Sensitive Habitat Ordinance or the conditions on a biotic permit may result in the issuance of a Notice of Violation, which describes the actions necessary to correct the problem and may include restoration of the area to its original condition. If the required corrective actions are not taken promptly, the Notice of Violation is recorded on the title to the property and becomes part of the public record. In addition, the current property owner is subject to a levy of all enforcement costs incurred by the Code Compliance staff in obtaining compliance as well as the possible imposition, through legal action, of penalties of up to $2,500 a day while the violation exists.

Appeals

The usual County Planning appeal process is available to any applicant who is dissatisfied with a biotic permit decision (see the "Planning Appeals" brochure).

For More Information

Contact Environmental Planning for questions. For complete regulations, see Chapter 16.32 of the Santa Cruz County Code.