On May 2, 1996, the U.S. Fish and Wildlife Service (USFWS) issued to Travis County and the City of Austin a regional permit (known as the Balcones Canyonlands Conservation Plan or "BCCP") allowing incidental take of eight species listed as “endangered” under the federal Endangered Species Act (ESA). The species covered under the BCCP include the golden cheeked warbler (GCW), the black capped vireo (BCVI), and several cave invertebrates (collectively, "Karst"). Under the ESA, no person, including governmental entities, may “take” federally-listed species. Participation in the BCCP provides coverage for otherwise unpermitted species "take". Under the BCCP, developers may elect to participate in the BCCP by paying a fee to Travis County, which administers the public participation program on behalf of the BCCP Coordinating Committee. By paying the fee, developers can mitigate for incidental take caused by their development activities, rather than having to go through the lengthy process of obtaining an individual incidental take permit directly from USFWS.

Currently, BCCP participation fees are as follows:

$3,500/acre - Zone 1 GCW
$1,750/acre - Zone 2 GCW
$3,500/acre - BCVI
$750/acre - Karst
$1,500 - Single Family Lot Provision
$1,500/acre - Agriculture Provision
$4,000/acre - Alternative Determination Rate for USFWS determination under the BCCP

On Thursday, April 26, 2007, the BCCP Coordinating Committee, which includes City of Austin Mayor Will Wynn and Travis County Commissioner Gerald Daugherty, approved an incremental increase in BCCP participation fees. This increase will now be considered by the governing bodies of the City of Austin and Travis County. Assuming such bodies approve the increase, the fees will be adjusted as follows:

In July 2007 the fees will be increased as follows:

$4,000/acre - Zone 1 GCW and BCVI
$2,000/acre - Zone 2 GCW
$750/acre - Karst (unchanged)
$2,000 - Single Family Lot Provision
$1,500/acre - Agriculture Provision (unchanged)
$5,000/acre - Alternative Determination Rate for USFWS determination under the BCCP

The fees would then be raised in July 2008 as follows:

$5,500/acre - Zone 1 GCW and BCVI
$2,750/acre - Zone 2 GCW
$1,000/acre - Karst
$2,000 - Single Family Lot Provision
$1,500/acre - Agriculture Provision (unchanged)
$6,500/acre - Alternative Determination Rate for USFWS determination under the BCCP

For more information regarding the BCCP, please contact David Hartman or Alan Glen.