County of San Diego Butterflies Habitat Conservation Plan

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• What is a Habitat Conservation Plan (HCP)?

  A Habitat Conservation Plan (HCP) is a planning document that sets conservation measures to avoid, minimize, or mitigate impacts to threatened and endangered species (listed species). The goal of an HCP is to conserve the habitats that listed species depend on to contribute to their recovery. By following the conservation measures of an HCP, projects that affect listed species or their habitats may receive a federal incidental take permit that allows these impacts.

  The County is developing the County of San Diego Butterflies HCP. This large-scale conservation plan will result in the County receiving an incidental take permit from the United States Fish and Wildlife Service that the County can extend to projects in the unincorporated County that follow the HCP’s conservation measures.

• What are the benefits of a HCP?

  A HCP transfers project permitting to the local level, resulting in an efficient permitting process: projects receive coverage under the County’s incidental take permit instead of obtaining individual permits from the United States Fish and Wildlife Service. HCPs also give clear guidance on how projects should address impacts to listed species and result in the permanent protection of species and their habitats.

• What is “take”?

  The federal Endangered Species Act defines "take" as "to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct." [16 U.S.C. 1532(19)]

  Harm in the definition of “take” means, “…an act which actually kills or injures wildlife… including significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering.” (50 CFR 17.3)

• What is a Covered Species?

  A key part of a Habitat Conservation Plan (HCP) is the Covered Species list, which will identify the specific sensitive species “covered” by the incidental take permit. Projects that implement the conservation measures in the HCP will not need to pursue separate permits from the United States Fish and Wildlife Service for impacts to these "covered" species.

  The County's Butterflies HCP Covered Species list will include the federally endangered Quino checkerspot butterfly, federally endangered Laguna Mountains skipper, federally threatened Hermes copper butterfly, and sensitive Harbison’s dun skipper.

• What area does the County's Butterflies HCP cover?

  The County's Butterflies HCP plan area has not yet been developed, but it will include the areas of the unincorporated County where the Covered Species or their habitat could occur. As result, the County's Butterflies HCP will overlap with portions of all three Multiple Species Conservation Program (MSCP) plan areas.

• If my land is included in the County's Butterflies HCP, will I be able to develop it?

  You will still be able to develop your land if it is within the County's Butterflies HCP. Projects that meet certain exemption criteria may not require any modification, while others may need to be designed to follow the conservation measures included in the HCP. County staff will review each project to ensure conformance with the County's Butterflies HCP.

• Will the government condemn my land for the County's Butterflies HCP?

  No land will be condemned to achieve the goals of the County's Butterflies HCP. The County will only buy land from willing sellers. Federal and state agencies involved with land acquisition have similar restrictions on condemnation.

• Can I sell my land to the County's Butterflies HCP?

  The County will buy land within the County's Butterflies HCP plan area from willing sellers. The County will consider buying land if it meets certain criteria, including if the property is important for protecting the Covered Species. If you are interested in potentially selling land to the County, contact the Real Estate Services Division of the Department of General Services at (858) 694-2291.

• Will the County's Butterflies HCP allow developers to avoid the federal and state endangered species acts?

  No, developers will still need to obey the federal and state endangered species acts. Projects that may affect Covered Species can satisfy the federal endangered species act by implementing the conservation measures in the County's Butterflies HCP and receiving coverage under the County’s incidental take permit.

  Currently, the proposed Covered Species under the County's Butterfly HCP are not listed under the California Endangered Species Act (CESA) and no state endangered species act permitting is required.

• How will being in the County's Butterflies HCP affect the processing of my subdivision or permit?

  Overall, the time and costs involved with the County’s environmental review of a project will be made more efficient by the County's Butterflies HCP. The County's Butterflies HCP will transfer project permitting to the local level, resulting in an efficient permitting process: projects will receive coverage under the County’s incidental take permit instead of obtaining individual permits from the United States Fish and Wildlife Service.

  You will still be able to develop your land if it is within the County's Butterflies HCP. Projects that meet certain exemption criteria may not require any modification, while others may need to be designed to follow the conservation measures included in the HCP. County staff will review each project to ensure conformance with the County's Butterflies HCP.

• Can I clear vegetation for fire safety within the County's Butterflies HCP?

  County Fire Marshals require the clearing of hazardous vegetation close to houses and buildings in the unincorporated area. The County Fire Chief's Association and the California Department of Fish & Wildlife and United States Fish and Wildlife Service, signed a Memorandum of Understanding in 1997 that exempts the incidental take of endangered species by landowners following a Fire Marshal's Order, which is generally 100 feet of clearing from a residential structure.

  Depending upon fuel loads and topography, the local fire district may require more than 100 feet of clearing. This added clearing does not require a permit so long as you obtain a letter from the local fire district specifying the amount of clearing needed. Clearing in areas beyond that required by the Fire Marshal's Order may require permits issued by federal, state, and/or County authorities. For more information, please contact the Department of Planning and Development Services Zoning Information Counter at (858) 694-8985.

• How does the County's Butterflies HCP relate to the Multiple Species Conservation Program (MSCP)?

  The County's Butterflies HCP will work jointly with the County’s Multiple Species Conservation Program (MSCP) to balance the protection of habitat and species with recreation, development, and agricultural activities. Depending on the property’s location and the species present, a project may need to implement the conservation measures included in one or more conservation plans.