Subdivision Reviews
Do you live near streams, creeks, or drainageways in El Paso County?
Are you building a structure or developing property near streams, creeks, or drainages in El Paso County?
If so, you may be in the preferred habitat of the Preble's meadow jumping mouse, a federally listed threatened species. The Preble's meadow jumping mouse (mouse) is typically found in thick vegetation within stream corridors, in adjacent uplands and along drainageways on the Front Range of Colorado and the southern portion of Wyoming. El Paso County represents the southern limit of the range of the mouse. Impacts to mouse habitat from increased urbanization, agriculture, and infrastructure projects have reduced the mouse populations such that in order to protect the mouse the U.S. Fish and Wildlife Service listed the mouse as "threatened" under the Endangered Species Act on May 13, 1998. Before you make any ground changes disturbing or native vegetation removal to your property in places where the mouse might live or where its habitat might exist, you should contact the U.S. Fish & Wildlife Service.
The Endangered Species Act ("Act") prohibits the "take" of listed species. Take, as defined under the Act, means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. This also applies to the knowing removal of habitat that is necessary for the survival of the mouse including suitable streamside vegetation and adjacent uplands. Civil penalties for violations under the Act include a civil penalty of up to $25,000 for each violation. Any person who knowingly violates any provision of any other regulation issued under the Act may be assessed a civil penalty of up to $12,000 for each violation. Criminal penalties for violations under the Act include a fine of up to $50,000 or imprisonment of up to one year, or both. Any person who knowingly violates any provision of any other regulation issued under the Act, upon conviction, may be fined up to $25,000 or imprisoned for up to than six months, or both.
As a result of the listing, no federal agencies may undertake any action that might result in the further jeopardizing of the continued existence of the mouse. Actions requiring federal support or approval, such as a right-of-way across federal land or a Section 404 permit for dredging or filling in streams or wetlands, must be addressed for potential impacts to the mouse or its habitat.
Under the Act, all activities throughout the County occurring on either public or private lands on which the mouse or its habitat might exist are prohibited from adversely impacting the mouse or its habitat. If the activity includes new construction, ground disturbing activities (grading, removal of vegetation, streambank stabilization, etc.), changes in the existing landscape (both native and planted), or increased use by humans or domestic animals, the activity may be a potential violation of the Act.
What does this mean to your project? Current guidelines from the U.S. Fish and Wildlife Service state that any projects occurring within 300-feet of the 100-year floodplain require notification of the Service to comply with the Endangered Species Act. There are several options to achieve compliance:
First, all project related impacts can be kept at least 300-feet from the edge of the 100-year FEMA floodplain or the edge of riparian habitat if the floodplain has not been mapped.
Second, individuals may send the following information to the U.S. Fish and Wildlife Service at the address listed below and request direction as to how to proceed:
- A map of the general project area showing major creeks, roads, or other landmarks that describe the project location;
- A map of the project area showing where all ground-disturbing activities will occur in relation to the 100-year floodplain;
- Photographs of the area; and
- A topographic map of the project area (U.S. Geologic Survey 7.5 minute topography map).
Third, individuals may hire a consultant familiar with mouse issues to work with the U.S. Fish and Wildlife Service to address its concerns related to the project. A list of U.S. Fish and Wildlife permitted consultants is attached.
Finally, once one has concluded their discussions with the U.S. Fish and Wildlife Service, documentation in the form of a letter will be requested by the El Paso County Planning Department prior to final plat approval and/or approval of any permits. It is not El Paso County's intent to administer or enforce the Endangered Species Act. Compliance with the Act is the responsibility of the individual.
El Paso County, in cooperation with the City of Colorado Springs, Colorado Springs Utilities, and the Towns of Palmer Lake and Monument, are currently collaborating on a Regional Habitat Conservation Plan to address conservation of the mouse while allowing for continued development in the county. Once the Habitat Conservation Plan is in place, individuals may be able to work within a county-level process to address Endangered Species Act compliance as it relates to the mouse.
ANY LAND USE APPROVAL GIVEN BY EL PASO COUNTY DOES NOT ELIMINATE THE NEED TO COMPLY WITH APPLICABLE FEDERAL, STATE, OR LOCAL LAWS AND/OR REGULATIONS-PARTICULARLY AS THEY MAY RELATE TO THE ENDANGERED SPECIES ACT.
Contact Information
Adam Misztal, U.S. Fish and Wildlife Service, 755 Parfet Street, Suite 361, Lakewood Colorado, 80215, 303.275.2377
Additional Information may be found here.