Wetlands, Protected Species, and Cultural Resources – OH MY!

Fort Bend County is one of the fastest growing counties in the US, and with that growth comes new development - Residential neighborhoods, commercial business centers, industrial parks, and to tie it all together roads, drainage, and other essential infrastructure development.

All of these may (probably) involve some form of environmental consulting, which is why acting early and fast can be huge time & money savers for project development – or it can be the reason development stalls, delayed, or even canceled.

Regulatory Environment and Changes

Regulations overseeing the natural resources environment, as it relates to development, are generally centered on compliance with Section 404 - Clean Water Act (wetlands), Endangered Species Act (protected species), and National Historic Preservation Act (cultural resources).

While the laws, created by Congress, haven’t changed substantially since these were authored, the applicable regulations have been altered by their governing authority, in some cases many-many times. This can make it difficult for anyone to know which way is currently up.

Most recently, the Sackett v. EPA (2023) Supreme Court case ruled that major changes were needed in the way the United States Army Corps of Engineers (USACE) and EPA defined jurisdiction over wetlands and other similar aquatic features; and that they’ve been over-extending their regulatory power for quite some time.

This is just but one change in over half a dozen since 2009; making the field of environmental consulting difficult to navigate sometimes.

Start Early

In the development world, TIME = MONEY, and if you’re late your competitor just got ahead of you. When speculating projects – whether it’s privately funded or publicly funded, having a solid knowledge of the environmental hurdles ahead of you is essential. This allows for more accurate budget analysis and overall schedule planning. And as regulations continue to change, having a head start in the race will ensure you’re not left in the dust or waiting 3 months to conduct a survey.

Be Prepared

Fort Bend is quite unique in that the Brazos River has a MASSIVE drainage basin and an expansive migration area – this has created many thousands of small pockets of wetlands throughout the undeveloped areas.

While growth abounds in Fort Bend, we still have hundreds of thousands of acres of undeveloped land, allowing plants and animals to thrive. Fort Bend County is home to over a dozen federally-listed threatened and endangered species.

Fort Bend County is also one of the oldest settled counties in the state. Unsurprisingly there’s a lot of ‘old stuff’ buried just beneath the surface throughout the area.

Knowing that these three key components of the environmental world need to be addressed, will lead to successful development plans.

Don’t Be Scared – Use a Professional

It may seem daunting to handle these tasks, but not to worry we’re here to help. The environmental professionals’ job is to assist their clients for successful developments and regulatory compliance.