The continuing struggle over vernal pools between people who create communities—the builders of houses—and those who are protecting natural resources—the government—does ensure one thing; that the debate around the value of protecting vernal pools on-site or through mitigation, also continues and that is a good thing.
An excerpt
Editorial: No-win debate
Congress in a swamp over vernal pool rules
Published 12:01 am PDT Wednesday, August 16, 2006
The Building Industry Association can exercise considerable clout when its members become agitated. Lately, builders in the Sacramento region have become hyper-energized by the U.S. Army Corps of Engineers, the agency that issues federal permits to fill wetlands.
Developers claim the corps is going overboard in requiring them to avoid impacts to vernal pools -- seasonal wetlands that harbor rare plants and aquatic life. Members of Congress have largely sided with developers, saying that the corps is slowing the growth of new housing with its convoluted procedures.
While the corps, like many federal agencies, has some cumbersome internal processes, this isn't simply a case of bureaucratic foot-dragging. Ever since George H.W. Bush was president, the nation has embraced a policy of "no net loss of wetlands." Despite several court challenges, seasonal vernal pools are still defined as wetlands.
As a result, the corps and the U.S. Environmental Protection Agency require developers to demonstrate there is no viable alternative before they build new homes and offices on vernal pools. Most developers don't like that requirement. They want to simply "mitigate" -- preserve or restore wetlands elsewhere -- so they can quickly develop their properties.
Some in the past -- including this page -- have wrongly derided vernal pools as mere "mud puddles" that breed little but fairy shrimp. In fact, these pools harbor a variety of rare frogs, salamanders and native wildflowers that produce colorful displays every spring. In parts of the Central Valley these pools recharge groundwater desperately needed for homes and agriculture. In a state that has lost 90 percent of its wetlands, vernal pools are a resource worth protecting, especially when they can be preserved in large swaths.
