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Consent-General Government # 12.
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| Board of Supervisors |
County Counsel |
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| Subject |
| Approve the Regional Conservation Investment Strategy/Local Conservation Final Draft Plan, a collaborative effort of the California Department of Water Resources, the Yolo Habitat Conservancy, Yolo County, and other entities. (No general fund impact) (Pogledich) |
| Recommended Action |
| Approve the Regional Conservation Investment Strategy/Local Conservation Final Draft Plan (RCIS/LCP), a collaborative effort of the California Department of Water Resources, the Yolo Habitat Conservancy, Yolo County, and other entities, included as Attachment A hereto. |
| Strategic Plan Goal(s) |
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Thriving Residents |
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Sustainable Environment |
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Flourishing Agriculture |
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Robust Economy |
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| Reason for Recommended Action/Background |
On December 13, 2016, the Board of Supervisors authorized County participation in the development of a countywide Regional Conservation Investment Strategy (“RCIS”). The RCIS is a collaborative effort that also includes the Yolo Habitat Conservancy and two state agencies, the California Department of Water Resources (“DWR”) and the California Natural Resources Agency (“CNRA”). The RCIS also includes a “Local Conservation Plan,” which is a Conservancy effort to provide a conservation planning framework for species not covered by the Habitat Conservation Plan/Natural Community Conservation Plan (“HCP/NCCP”) that has been in development for many years. The combined document is referred to at times herein as the “RCIS/LCP."
The RCIS/LCP is now complete and is presented for Board approval. The Yolo Habitat Conservancy approved the RCIS/LCP at its July 20, 2020 meeting, and after County approval the California Department of Fish and Wildlife (“CDFW”) will consider final approval of the RCIS/LCP. Staff recommend approval of the RCIS/LCP, and offer the following points to support Board consideration of this recommended action:
First, legal authority for an RCIS derives from 2016 legislation (Assembly Bill 2018) addressing regional conservation planning. Unlike other conservation planning tools such as HCPs and NCCPs, an RCIS does not authorize development projects or designate specific areas for conservation. Instead, it provides a non-regulatory assessment of conservation needs within a region (in this case, Yolo County). This assessment is included in an RCIS to achieve two primary purposes: (1) to provide a platform for “mitigation credit agreements” to streamline species mitigation; and (2) to create a framework for voluntary conservation efforts by private landowners (as well as assisting with related state grant funding decisions). The RCIS/LCP could help fill in “conservation gaps” resulting from the limited scope of the Yolo HCP/NCCP, which covers a much smaller range of species (albeit with the benefit of greatly streamlining permitting for impacts to those species and their habitat).
Second, as previously explained to the Board in a May 22, 2018 Board item, uncertainties exist about how the RCIS will be implemented following its approval by CDFW. It is possible that CDFW will authorize out-of-county projects to use the RCIS/LCP as a basis for mitigating in Yolo County. Any such efforts would be within the scope of the County's Habitat Mitigation Ordinance, which requires a conditional use permit for most out-of-County mitigation projects. The County amended the Habitat Mitigation Ordinance in 2018 to expressly include projects implemented pursuant to the RCIS that entail mitigating for out-of-county impacts. The Yolo Habitat Conservancy also has statutory authority to approve or reject the use of mitigation credits arising from an RCIS and Mitigation Credit Agreement in most circumstances.
Third and finally, the Yolo Habitat Conservancy and DWR are working to conclude an MOU on some administrative aspects of RCIS/LCP implementation. The RCIS statute requires an “implementation sponsor” but, while an implementation sponsor is required, it has virtually no active obligations regarding RCIS implementation and its only defined role is to prepare an updated RCIS (if desired) at the end of the plan’s 10-year term. DWR and the Conservancy are seeking to do more, including holding annual meetings in Yolo County with stakeholders, and serve as “co-implementation sponsors” during RCIS/LCP implementation.
Altogether, staff recommend Board approval of the RCIS/LCP for reasons stated above. |
| Collaborations (including Board advisory groups and external partner agencies) |
| Yolo Habitat Conservancy, California Department of Water Resources. RCIS/LCP preparation was guided by input from a committee of interested parties, including the County, DWR, the Conservancy, a representative (Chad Roberts) from the HCP/NCCP's planning advisory committee, and various environmental non-profits and other groups. |
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