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Tell Builders Where the Owls Are

By Martin Mitchell

If anyone happens to spot a cactus ferruginous pygmy owl while they are traveling in the Tucson area, could they please tell the citizens of Arizona where they saw it? They will be doing the state a big favor.

The federal government refuses to divulge the whereabouts of the endangered owls, and that’s costing Arizonans a lot of money. Protecting the owl under the federal Endangered Species Act will cost residents of Pima and Pinal counties as much as $108 million over the next 10 years. It will also increase the cost of new homes there by $7,000-$12,000.

The proposed habitat designation for the owl will also complicate the future growth and planning efforts of private landowners and local governments alike. Severe land restrictions would be imposed upon 69% of the private land in Pima County, the same county where the Tucson planning office expects to develop 4,500 acres of land each year for the next 20 years to meet the city's growth needs.

Since July of 1998, NAHB has been asking the U.S. Fish and Wildlife Service to tell us where the birds are. The information is needed for two reasons. First, it will enable NAHB members in Arizona to propose alternative, more practical critical habitat designations that protect the owl and private property rights. Second, this data will help builders determine whether there are birds on their property. If there are, then they face significant penalties if they disturb habitat while developing their land.

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So far, the Fish and Wildlife Service has turned a deaf ear to NAHB’s requests under the Freedom of Information Act. The Service has also ignored federal court decisions against a drastic expansion of what had already been ruled an overly broad critical habitat for the owl population.

Last month, the courts once again rode to the aid of builders. Siding with NAHB, two federal courts told the Service to provide the exact locations of the birds. And an Arizona court told the Service that it must extend the comment period for a newly proposed and much-expanded designation of owl territory so it will have enough time to provide builders with that information.

If the Service fails to provide this data, it can expect to see NAHB back in court.

Arizona builders want to do the right thing. But that won’t be easy until the Fish and Wildlife Service reveals where the birds are.

Martin Mitchell is chairman of the NAHB Environmental Issues Committee.

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