HomeMy WebLinkAbout84-6 DEER HERD COMMITTEE 18 OF 33Two Kinds of Habitat Problems. There are two basically different kinds of
problems with habitat, both of which cause deer to be in poor condition First,
there may be good habitat:, but too many deer, The competitionis great;, and
most deer get insufficient food, cannot find cover that is not already used,
and are weakened and subjected to predation and disease. The second kind of
problem is with habitat that is just plain poor, regardless of how many ;deer
are there. These places produce poor deer even with low populations.
Culilpetition still uper•ates, gird luiver°ing the population even Mure will ,,sips
but not as much as With habitat that is better*
Both kinds of problems result in poor fawn crops and low recruitment into
the herd, The first kind can be resolved entirely by reducing the deer
population. The second kind requires herd reduction first, and habitat
improvement afterward. (If habitat improvement comes first, the hungry over
population of deer will destroy the improvements, p,oveme nts, as many timberland owners
o
grid alfalfa growers know.
Deer, habitat management is a field in which you "can have your cake and
eat it 'too". Deer cannot be stockpiled. After the herd builds up to the capacity
of its habitat', full utilization of the annual herd increment promotes full
production and healthy deer. It has been pointed out that Waste of surplus
game animals by undercroppino after the animals are at the capacity of their
habitat "is no more conservation than 'saving' applies by leaving them on the
trees", Since uncontrolled deer numbers invariably reflect on health of the
deer and health of the deer range, it follows that the best kind of habitat
il►anagement also requires management of the animals: It is futile and generally
a waste of dollarz to try to improve deer habitats finless the animals are also
managed to make the most of the Improvements=
DM HABITAT IMPRO MENTS
While there are numerous ways in which natural deer habitats can be improved,
the most effective means is through manipulation of vegetative types: The three
types in which greatest improvement, can be made are the 01amise, the mixed brush
and the forest. Ordinarily, the forest types are of h',gh economic value for the
production of wood products and here habitat improvement for deer is usually by
the indirect approach of coordination with. timber management activity,
Improvement of Timbered deer Habitat,. Most people associate deer With undisturbed
forosts Actually, they do much better on timbered lands that have been partially
cleared and settled by pian. linlogged virgin forests with closed canopies produce"
only small quantities of usable deer forage. Also, due to shading, the plants
that do grow here are low in ,protein, Because of this low quantity and quality
of food in mature forest types., deer numbers are also low'
When the forest is burned or logged, low growing vegetation responds quickly
in both amount and quality, Because cif the deer's need.for heavy cover, only'
the edges of large open areas are used for feeding. Therefore, in correlation
of timbor management and deer habitat management, the most prodootive results
from a deer forage standpoints are obtained from a timber harvest system 'that
results in a large number of well scatteredy small, clear cut, blocks or patches4
t=oNtunately, tee interests of silviculture also often call for rather narrow
openings, so that natural seed fall from the uncut trees on the edges Will be
adequate. In Douglas -fir, for example; strips not over 600 feet wide are
recommended. The timber cutting cycle may vary from. 60 to 100 years. If the
clew- cut areas will be productive of deer food for about 15 years, the cutting
rotation should include from 4 to 6 cuttings, depending or, the length of the
cutting cycle.
4
Manaems ent of Brushlands Habitat. In California, it has been estimated that
there are over 7 million acres of brushlands dominated by chamise (Adenostema
fasciculatumj. Other brush types occupy additional millions of nacres. T e
greatest pp direct habitat improvement for deer lies within these
neatest o ortunity for
dense brush types.
Dense stands of old growth brush produce only a fraction of the deer forage
nat is produced by young stands or stands that are opened upi Opening dense
brush types provides a more desirable interspersion of food and cover. Where
good management is applied, these treated brushlands will remain productive over
a long period of time with a minimum of further disturbance. Thinning out the
old growth can also be done in a way that will improve the chances for wildfire
pcontrols, p p q doves,
prevention and improve Watersheds, and improve habitat for quail
and rabbits,
In a study conducted by the University of California a number of years ago
in Lake County, it was found that the number of deer in heavy, closed brush
types averaged 10-00 per square mile; in wildfire burns 5 to 160; and in opened
brush 40 to 110. Fawn production also 'increased with brush treatment. It was
found that there were 60 to 80 fawns per 100 adult does in heavy brush areas,
100 to 110 fawns per 100 adult does on the wildfire burns and about 115 to 140
fawns per 100 adult does in opened brush. These higher populations andhigher
fawn production rates were attributed to better nutrition on the burned or
opened brush ranges. More herbaceous forage is available and the deer diet
consists largely of herbs in the late winter and early spring. The authors
of this study concluded that "in the opened 'brush; the deer have available an.
excellent diet during four months of the year, foraging on abundant herbs and
new sprouts (Feb -May), a good diet for another four months (Nov, Dec, den, and
June) when some green herbs are available and sprouts are still growing in the
spring and early summer, and a poor diet during the remaining four months (July`
October) when the herbs Aire dry and the browse plants more or less dormant. In
the heavy brush, the deer have access to an excellent diet only two months of
the year (April, May) when the brush is growing rapidly, a good diet for two
months (March and June) when there is some shrub growth, and a poor diet for
eight months-• 0
Methods foroIm covin Brushland Habitat. Several practical methods have been
develop p 'ense brushf game habitat improvement. These include burning,
mechanical treatment, and application of chemicals. These methods are :used
singly or in combination depending on the objectives$ risks ihvolved, brush
i
cover conditions and topographical or other features of each area,
burnin
Guidelines have been developed for safe use of Fire in opening up dense
brushlands, Shrubs that sprout after fire; notably chamis8 and many oaks, can
provide nutritious and palatable forage for deer during the summer following a
spring burn, 'However, spring fires tend to destroy non -sprouting shrubs, many
cfor those s ecies„ g rns are
of whih are highly desirable for deer fora e. Fall or early winter bu
better p
chemical and Mechanical. Brush Treatment,
Chemical and mechanical treatment have tome advantages, but they, also leave
large amounts of woody rosidu,e, creating high wildfire hazard, Chemical treat�c,nt
t burning or mechanical treatment to maintain the L, =�
is after used to foilo�v
but
p xpensive,
control or typeand brush species com osition; The bulldozer
conversion
Mechanical treatment �s a ,the use of
allows good control f p
blade is usually held slightly above ground in bulldozer control.
chain be
two bulldozers, and related methods is less selective,
a heavy h ,
less expensive, and represents a compromise sol
Brush Control I byGrazirta "
plants
Goats may be useful in creating Normally)cobubrning ush amechanical, orchemical
nd herbacoo . us where dense brush formerly existed
the
treatment is first necessary to eStThere`lare many 1pract calrproblems involved
goats may be used to maintain it. Th
with using g and assistance should be sought from
-o erative Exters�an or from landowners who have used the method before
oats for maintenance,
Co p
done$ it can be compatible with
beginning a' project of this nature, Properly
deer range improvement.
some
es
Deer Habita
t
Improvement throw hCoorczinat!r�ith-ivestok lJs�..: On either deer,
ivestnc use are n corf i ct, I a rats o1= ng by ;
deer use an permitted in excess of range capacit„yi competition for.
or livestock or both is
. forage: may becomeacute., p
When deer damage occurs on pr�v to 1ardtottaketremedate gialcactio onsible for
management of the animals has an obligation
ion. Several
Upon on agreement between the landowner and the state....
avenues are open depending p `tion ee the land involved.
be :solved by reduction of the deer herd, control of
The problem can usually available for is the most practical
for the damage, or acquisition
deer movements, payment
Remo'�al of deer to numbers in balance dans that domestic livestock do not use
solution. Since deer often use many p o competition is not direct.
sand al SOI use many areas Where livestock will not g p
to
Some deer, and
often quite sizeable po ulations, can inhabit
PrI Vtockmenddn
without serious conflict with livestoc use- Furthermore,
hot object to reasonable numbers of deer on their lands.
n of the
on public lands, the public Liasis rigrhpubliCt toe`landsaordinarllyeprovide for
range for Wildlife. Manageitrent plan
dual use by deer and livestock: On such lands habitat can after be improve
for deer by some of the following measures.
1, exclusion of livestock use from critica.i "key'" areas,
2, Stocking
o`� livestock ranges on the basis of�usegs pofdshrubs;uttioll only.
3. adjustment in l livestock
of livestock use to 'educeave matured and cured,
Ordinarily,
livestock use most species of browse mainly after
grasses are fully utilized or after grasses h
n adequate browse food and cover for deer When revegetating
4, Leavy g
livestock ranges
palatable shrubs and legumes in revegetation seed mixtures
Sw Including .
I -,-
Large scale deer habitat from an
improvedu�ce greater �mdimore er olasting yben fits.
economic standpoint and will also prod greater
1 crops of deer`
when accompanied by full utlliat�on of annus
Lack of Vegetation Kana ems• Another vegetation management method is no
action. Lack,of actio may be the most important factor in Californin causing
declining deer habitat. Without purposeful management through loggiigg, grazing,
burning, or other similar methods, browse grows above the deer's heads and
canopies become dense, crowding out understory vegetation. The nutritious
grasses and broad -leafed plants are lost, and deer cannot reach browse. Their
Energy and nutrition sources disappear, and fawn production declines. Then we,
have the second kind of habitat problem, and herd reduction Will help only
marginally. The carrying capacity has been reduced, but even more, each deer
must spend more energy obtaining food, and there is less left for reproduction.
Evaluating the Food Resource. How can We tell' the condition of the food resource?
We can measure the 'pro tion, in pounds per acre, of preferred broad -leafed herbs
u
When they are growing. These are such plants` as filaree, clover, deer vetch,
soft chess, and red brome. When there are too few deer, the preferred shrubs
(browse) are unused, rapidly grow out of reach of deer, and thicken to
impenetrabilityi
At population level's designed to produof'nutrce mti�ouscfoodmebutnt (areiusmngathest),
deer are healthiest. They can find plenty ,
resource to the limit of easy living. Therefore, the desirable shrubs show some
use, but tender new shoots are not all gone at the end of the season.
At maximum standing crop of deer, the resource is being used to its limit,
For winter browsing, this means nearly 100 use of all anneal growth of desirable
shrubs: For summer browsing, when shrubs are less resistant to damage,' the
figure is probably closer to 80%, Reproduction of these shrubs will be missing
except for certain years of very favorable conditions, and in places protected
from deer browsing. With too many deer, shrubs are damaged, with more than 100%
use of annual growth (deer are eating old stems). Even with deer over o ulations
some shrubs are not eaten, or are eaten only li hg tly A ru
bshlan is not goo
dee" " r ha�iitat
Summar There are th
y, ree principles of deer management
1) peer have very specific requirements and not all brushy areas are
good deer range.
y maximum
standing any deer; b) too
We can manage for and identify results of; a) too m
few deer, c) maximum production, d) m g crop for the
food resource. We don t;know as m
uch about �ome of the special
requirements,
3) Bach of us has different goals and values for deer husbandry and We
all have some difficulty in accurately communicating these goals and
values, Resolving the communication problem Without anger is the
first step i,n reaching solutions.
I
FEEDING STRATEGY OF DEER
By
E Lee Fitzhugh and Woody. Elliott
Extension Wildlife Specialist and Staff Research Associate
Wildlife Extension
University Of California
Davis) CA 95616
`February, 1986
small mouth of deer permits them to selectivelyremove the most
The m
nutritious s"ecies in a mixture of many different g nstwigs1f Experiments
e
most nutritious parts of shrubs, such as new ea
''th sheep and cattle have shown that oheacentgthehplantsuandppartsnofoplants
wi
of vegetation averaged from 3.4 to 5. p r
to 8 3 percent=
taken by sheep averaged 7,2 to 10,6 sheep.
his indicatestileim ortance of
Deer are even more selective than sheep• a most
conservative stocking
so that the animals have free choice of t
nutritious foliage and'are not forced onto inadequate diets: d
Under usual Weather conditions, browse shoots and twigs become woody an
d summer. Also by this time of year, green tucculen herbaceous e deer baceoubrnwse
high bye and plying weight Thus, onember ranges wheefdeerood are non- .
tough
:are in short supply. 8y August and Sep
of low quality an th,� critical and tile forage offerdly pbyod
Migratory, gratory a is d
such as coast ranges of California,
for deer �s oftej+ late summer when herbage,Tile few species thatarehigh in
most shrub species is low in food value,
as California bay, buckeye, b rchleaf
nuts^itive value during
gwhhis oakioare api, to be preferred and critical foods.
mahogany and moon
The presence of such forages may be the
eldifferenoftnatlastshuntilrfall ralow ins
Th p
mortality �n late sumiiter. This erstwh h ds the CM it period is usually
bring:.:out green feed Cc�l,d winter �vi�rntireravy frost :loll back all new groly
are lso critical, With migratory de
ate winter When scows have covered the low graw7ng plants and the deer-
mid or 1
are entirely de pendent on she taller shrubs.
re -
acorn years, on ranges where oaks arhipl nnf tsCan s carbohydrates
rates
In goo ua9 i t;y:
ferred food in late summer and fall,
Acorns are g
s are low in q
when, other food.
and are a valuable forage ata season Compartments the rumeeh, which
The food first enters the biggest stgmach
like a fermentation vat. The enironme►1t of the. r5amen 1s without
functions_ , at a
erobic ,ata slightly acidic arid Constant (buffered) bo
en an Its food contents are F,. by muscular oon'tractions
oxygen
she life of microbes which
constant tempereture� it a,nd prrto2,oa.,unsume plants, A largepart
of the rumen wall, These Conumeni These dit are ideal
bZ (11
of plantsbit hisrcell�.� u. ul'O'-'-e which cannot to dllisMs
i est cmbialrfermenor tatiion,' such a�
of p
except ni:robes The waste products o s second and i:h�rd stomachs, the
tic
c ac"1'T, acomponent of vinegar) are absorbed ttirqugh the rumeh wall an
ace deer as a source of energy. Th
are 11sed by
reticuluili and osu►n, absorb the fermentatign acids,
ma
C inally� the digested food particiebndy providese into hacidseto digeststomach opr`bteio,
en
abomasumhcsn`tained in thembbdies�othe y p
as art none f the microbes that PASS qut of the rum
pro_t�_i n _.i arti cl is : e i est on ofI��yse mi orobes and
with the, undige-Wbie foo p ,
their protein rop vides essential amino acids for the deer. (Deer are carnivores
too!) Many rumen microbes can make tiproamitein
fromids tooberpresentoincthees irch
otein s
as ammonia. They do not require specific,
food. Thus, rumen microbes supply deer with energy as a by-productrof their ir
carbohydrate metabolism and essential amino acids
fromive. their body
while deer supply these microbes with place i
Continued absorption of,nutrients occurs as food passes throughe foodnagain
ne which secretes
narrow, small intestidigestive enzymes. Then,
undergoes microbial fermentation o whereewater andamoresnutrentac that srareuabsorbedes d
the intestinal tract, and the colon
by deer. Fina e ro�lucts of the deer's metabolism. .rola the rectum
waste ocher Finally,
p
ally the undigestible food particles are excreted
along: with
The rate that food is b� urned'in a body to support life is lower for lar e
animals such ase1k. Thus, small animals'fnodhthatat disrmoredieestible_andfood
has
re a ve toter ody Weight nr must e tM�
• to retain
more avai1ab]'e nutrienos• wesht,thegreatei
longer the tamecthatothe foodmcan be
oo re ative to t e y 9
retained in thenrumen to
deer, larger rumen
digesttinbaddition
weight ratio than
to requiring less food�rel'Aive to its body weight. Thus, elk can eat foods o
lower nutritional ualit than deer Which ar
e known to be more �g y s�-' elective
fleeers•
In a discussion of What black-tailed deer authorities ber and on deerOrangenecologybe
�Mout hat. i f a deer lives in an area Where _
the ideal
diet and the real diet". These ,here all pref�^rred food plants are
pointt
present in ample 'quant jtyb ush siroutsrgnithealateasprng,hbrushlsproutsaand
winter and early spring, r p ►1 (See Figures
succulent herbs in the summer, and.broWse and acorns in the fall
l and 2) Browse is the gain stay in winter= On 'California ranges where deer
Were originally the most numerous thopen Oak
With Much oftthisersed-
type of
brush patches -•• foods of these types were is
land in California, particularly wandcattla,,, grazingo' Deer have had n the original dw winter gto�shift
ow
being farmed or is used for sh p
into other brush types, gen&ally at higher elevations, where some of the
preferred diet items are often in short supply.
in the average present day deer
habitat, one of the main deficie
ncies is herbaceous food ••- grass and succulent
herbs or fortis .
These succulentplants are usually much higher in nutritive
value during lath Winter and early spring than are the brush species and deer
will come,through the winter in much better condition and With
fewer Winter
losses Where sucIA foods are available.
Table l
A Comparison of the Optimum with the Usual Diet
CFrom Taber basmann
Actual' food lSaten on
preferred food (whereActual
bru, t range
nt)prese
Season ._
Nov - bee Acorns, bmWse, some new growth of Mostly a5bwse
grass and herbs
Jan •= Mar Mostly new, growth of grass & herbs Mostl; browse brush
NOW growth of brush New graWth of
Y
AprMostly brown
May �� Aug Succulent herbs, some browse
Rcor0s, $ole browse
Mostly browse
Sept - Oct
Some preferred shrubs are bitterbrush (Purshia tridentata) mountain
whiteth%rn (Ceanothus cordulatus), deerbrush Ceanothus rimes , birchleaf
mahogany (Cerocar us betuliode ,mountain mahogany Cercoca ms ledifolius),
Fremont si tasse; (Garrya fremontii), bitter cherry Prunus emarg`inata and
California redberry (Rhamnus crocea). Palatability of plants" for deer varies
in different sections of the deer range; It seems to be related to soil types
and various chemicals found in the soil.
Comparison of what deer eat and what plantsare available to be eaten
demonstrates that on. ly a few plant species comprise the bulk of the' deer diet.
These selected plant species are usually high in digestible protein and energy
which are the nutrients most often in shortest supply of deer. Also, these
selected plant species are low in "secondary compounds" which discourage their
consumption by deer. These chemicals are contained in aromaticplant species
such as sagebrush, juniper, and. California bay and inhibit the fermentation
processes of rumen microbes. Deer have been found dead of starvation during
severe winters with Oeirl rumens full of sagebrush and dry grass. HoWever,
Moderate amounts 1 aromatic plant species are consumed when the inhibitory
compounds can be d%luted wii.i) other plant species in the rumen,
At different times of tfie year, deer -need different amounts of nutrients'.
Bucks eat a high quality diet during the spring and summer for growth so that
they can be the biggesn pucks, and therefore impregnate the most does, during
the rut in the fell, Also, during the summer,' they need to build up their
energy reserves of body fat so that they can remain active during the rut
and so that they can remain alive during the winter when nutritional forage'
is scarce, Does that successfully reproduce require a minimum level of protein
and energy for the maintenance of their own physiological functions and then
increasing amounts of these nutrients as their fetuses develop and lactation
reaches a peak soon after the fawn is born (Figs. 3Mb),. After weaning her
fawns, the doe uses the nutrients for maintenance, body growth and fat storage.
This is necessary for winter survival in cold climates when the availability
of forage and its nutrient content is low (Figs: 3-6). Fawns grow rapidly for
several months after birth to that they can survive the winter season of
nutritional stress. Their rapid growth is dependent on 'a nutritious diet which
they first obtain as mother's milk and then from their own forage consumption.
The sy►ichronizedwiththe availability protein nutrient requirements of deer are
reproductiveresponding
` i and energy in the forage. On a
summer range; protein and energy are plentiful in the forage and the nutritional
requirements of deer are the highest. During the winter when the forage has
lore nutritional value, deer reduce their ►nutritional requirements by reducing
their basal metabolic rate and activity. However, during Winter, a deficit of
protein and energy between Consumption and demand still occurs (Figs. 3-6).
production of fawns (Figs. C b).
During summer; protein may not be sufficiently available for the ma x ximum
The nature of the deer, its body size, stomach site; and digestive strategy
require a diet higher in energy, protein, and other nutrients than is usually
found in the veg(ation. To survive,deer must pick and .choose ohl' the most
nutritiousparts of their habitat, `Larger herbivores, such as elk or cattle,
are estdemanding- -of quality and c; n, survive on oorer ran e» This is the
basis for competitive problems between herbjV res, The range may look healthy,
but if, two herbivores both seek the same plant species and one of the animals
needs it for survival1 the one that doesn't need it as much will survive;
While the other will die,
.-r 5nerigy required
i
LU 300
tnergy consumed
250
r
m 200,
.
150-
aN
,_ _ _._
_ . .
m 100
LIA
r W
m. 4 ua�wiWY'a...i.�.yi4i"Yrwar i1w+
'
a J
Jan,
Feb. mar, Apr,
May June July
Aug': Sept.,
Oct. Nov Dec,
�E
Gestation
n
i
–Wei glut Gai ..—.d
Figure
3 energy balance for mine
deer in Colorado,
},,w:
------- Protein _'req ired,
-�- - Protein available
Lu 400
Z 300
.�
N
= 2,00
/
LU
cY
[— - ---
U1
a100Ju
50,.�..-;.._--�.---�--""'
- -n
Apr' . May ne,. duly Aug- Sept
0 0
,: _
Fib, Mar ,
�-
0 t. ov . Dec y .
—Lactation
..-
Gestat on .r-.. .
.6—Weight Gain-- --�--=
Protein balance
of deed' at 'Po' nt R,.yes, Cal i orn7 a.
- gore
p
5,
"_'`_---
-- Energy requ i red
- _ -- —
-» Energy consumed
t
400
c3
350
cc
300'
w
200' ,
J
4n
,.
m
150
=
100
50
o'
Ott, Nov.
Dec, Jan_, Feb,
Mar, --'-
Apr; May June July Aug. Sept. ,
�
Gestation
�� . ------- Lactation
k—= Weight Gain -- ,
F`igur'e 6. Energy
bal ahce of deer at Point Reyes, Gal i forni'a,
GEORGE 1)EUKM11d IAN
STATE OF CALIFORNIA--RESOURCES AGENCY' �ll'�IHXiXtX(�}{i GovernoC
DEPARTMENT OF FISH AND CAME
f/
REGION 2
1701 NIMBUS ROAD, SUITE A
RANCHO CORDOVA, CALIFORNIA P667
(916) 355-7030
March 29 , ,1983 4
Ms, Bettye Kircher, Director
Butte County Planning Department
7 County Center Drive
Otovilleo CA 95965
bear Ms► xirch;er
In response to your quostions, recent Department comments submitted
legarcling proposed tentative parcel maps in Butte County have
specified 'the amount of dec,i winter range lost to residential
development in Bunte County. This information was obtained by a
survey of assessor parcel maps by biologist Jim Snowden in February
and March of 1983.
parcel sizes significantly less. than 40 acres in size were considered.
to have little value to migratory deer. Some pari: els 0f 4.'� or more
acrei were considen.1 lost of surrounded by smaller parc:r.:.;a, or if
cels. , p y ridors
substantial residential dev�...o merit blacked migratory car
to the undeveloped ":�"r
It should be noted that the V, cumulative impacts do not show the
substantial indirect impacts to adjacent parcels causes, '-y dogs,
poaching$ harassment, roads, etc. These indirect impacts reduce
Many the value of n�an m,:)re acres 4,n addition to t he documented losses.
The attached tables describe ointdr range losses caused by
j
:residential development rn Butte County for the three herds involved...
y question Jerry Mensch,`Environ
1f,you, have an ue5tionsr ilease contact
Mental Services SuperVisorr telephone (916) 355-7030
5incerely�
Pahl Ti Jenseil
Regional Manager
ptil+u C�. Plndtlin9
tAAR
OrbvtllA, Calif�rakl
APPENDIX 'b
._........ _
y
Migratory
Deer Herd Winter Range Losses
To Rtisidentiai
Development in Butte County
Table I;
Range Totals (in acres)
Deer Herd
Cri tical. Range 'Non -Critical Ra
Total
East Tehama
55,374 66,640
122,014
Bucks Mountain
138t714 61,900
200161:4
Mooretown
60,840 53,1641_'
114,004
Table 1?
Range Loss (in acres
Deer Herd;
Critical Rahg6 Non -Critical Range
Total
East Tehama
32,360 10;181_
42,541
Bucks Mountain
40,830 14,420
55,250
Mooretown
18,954' 300377
49,331
Table r11'
percettta.e of Range dost
Deer Herd
critical Range Non,:Critical Range
Total
East Tehama
40 I5
39
Sucks Mountain
28 23
28,
Mooretown_
31 57
34
r
"0 Co i Planning Comm.
f'111 .i- 1984
Orovlllo, :�litnmq `
CHAPTER 18.94
"WH" NATURAL 11An rTA'r CO'MBI ZING DISTRICT
18.9-10 • The intent of the "01-111 Natural Habitat Combining DIS- trict ifsto
protect areas which bra reco nixed and established in the Lanmi County General .
1?lon and npplicable Area Plans as-important to the wildlife populcaLlonn of
Lossen County. 'These resources are important to the scenic, recreation,,
1 the Count 1,
cultural, social, and econoriic values ai the county. According y, )
in
desiring to provide an ap ropriate place
For these wildlife pKiPu] ate ons and
Cq minimize the effects of d.eveloplent on them, while at the sane time
to
the enjoynent and use 'of privnt'e property, e,tablichex the
regulations provided herein.
ds in an
18.9_ 4.0?0_. Except as otheririse provided in zovisionsis tofr thencompanion'rzone or
Combining District shall be subject to the p
;ones with which it is conhinod, and shall also be subject to the provisions of'
Ch;tpters 18:102 throunh 18,108 of this Title.
18 94..0301 bevelopnent Standards.
1 In rllose areas where Ll�e General Plun, or an Area Plan, has
tment of Fish
delineated Natural. Habitat areas, the California Depar
and Gane hos identiflod and the. County of Lassen has adopted
specific 'Aldlife concerns and appropriate development limitations
and Mitigations necessary therein. These arena shall have the
zoning district combined with the principal zoning designation.
2 An average building site area shall be established for each 11!41111
District and shall be indicated by a figure following the "NCH" in
the zoning district des! ;nation . Said fl,�ure shall. >?epresent the
average buildin; site area in acres,
Devolo iron!; projects creating building sitea in a "Nit" Di-strict shall be
p p�rrcels created by the
designed so that the t;veraHe at reane per parcel for i'JL
project is OgOl� to or greater than the average building site area specified for
the appl,i,cable tonins district
18,�4.OG0 �iL 1)evilloi�rrent Plan iecluirerments.:,
1, In any district With which in conbined an 4111" Dis riot, approval. di
a site development pian shall be required in conjunction with any
appli,cition subject to approval by County agencies Jiltl.udinl;, but
not limited Lia, building Permits, use p+�rmits;, subdivision And
Al'D1�Nll�X P
parcel map applications.
2.
Any such site development plan shall be consideroto of and
compatible with identified wildlife resources, the General Plan or
applicable Area Plan. Such development shall also be considerate of
existing neighboring applications.
3.
Such sine development plan shall accompany 'a submitted: development
application and shall show (1) parcel dimensions and parcel. size,
(2) existing improvements, (3) proposed locat-"lons, sizes, and types
of rights -of --way, easemefits, utility line r(:s,io n, i^nas';;; fencesp and
outdoor lighting, (4) proposed 'size and distL t��d(l lon . ' t`rrlctures I
and (5) proposed level of site disturbance; in.-AudiftM"A b:Ilsh
removal, earth removal$ topographic changes, waterway alte7u.!nne;
and other considerations.
4.
The fee for such review and necessary appeals shall, be established a
by the Board of Supervisors,
18694,050
Site Development Plan Review,
1,
Such site development plan shall be considered by the planning
Department in an endeavor to ascertain its compatibility with the
intent and provisions of this Chapter and the .Lassen County General
.plan, and applicable Area Plan policies, To this end; the Planning
Department shall suggest any changes in the site development plan as
it may deem to be necessary to accomplish the purposes of this
Chapter, and shall not approve any such plan until it is satisfied
that: such purposes will be accomplished by the site development
plan.
2,
Xn the case of site developments which are subject to C.P.Q'.A,
review, the Planning Department shall review the site development
plan as part: of the initial Study., Such review shall comply with
C,P,CA, requirements to mitigate potential: environmental impacts,
as well as comply with: the criteria established in the 6 0:ral Plan
or applicable Area Plan,
36
in the case of site developments which are exompt from'C.B.Q,A.
review, the Planning Department shall review site development plans
for conformance with the criteria established in the General Plan or
applicable Area plan', Such review shall be incorporated whenever
possible into the permit or project appli,cati.on process which
initiated the site development plan review:
4�
The site development plan review shall; be conducted within time
frames consistotb with Lassen County's procedure for environmental
PLANNING COMMISSION
DEERHERU STUDY ORIEFINr
They deKarherd range i ssue was ra 1 sed in m 1 d 1983 by i;k°ji� Ca 1 1 forn'r a
Fish and Game Commission, The Cc. :1 ss i on had enloine concerned
w i,;l-, deve 1 opment in the Foothills encroaching upon trl 1 gt-atory deer
ran,.le,s . As a result $ the Boardof Supervisors took .steps to
cro.ate a Committee to study the deerherd rarigt,i issues The
:rtrmnr i +tee put together a, report on the matter which p.'-ov i ded
i,�pd� ted i n format i an on migratory deer i n 1301- i.n county. The
5 err^ also described impacts oF.subdivision enC.rYaachment on the
mt gyratory di -el- ranges) and r `commended' mit 1 sint i on measures for
protection of migratory deer hats i tat t�ffect�erl by subd>i v 1 s i ran ;
deva 1 o�mer��t ,
The C omm i ttees x s report, was: swum i teed to the R l arIn i ng Coiitrn i sW i on
For review anri public input. Our i ng 1984 , the Commission held
.several Public hear i n6s to solicit public comments. After
Brans der v nq public input t'le Comm l ss'1 on concluded that
additional information was needed to adopt some reasonable
policies on this matter. The Planning Commisskon rer_ommended
that the Poarrd of 'Supervisors request that the Department of Fish
and Game P-ovide the following informati0m
1. identify the limiting factors on hard �)pulatiori and data to
support conclusions.
2. Update Fish and Game maps for Region 2 as they would effect.
Butte County to reflect limiting factors identified
81. Prov 1 de i n j*'ormat i on on range management and i mproverrent
Funding under current ,proposed 1egls1a-�lon are regulation
All Comparye relfferences In tonditionz and limltstlons in ButPtO-
County to those In bordering Counties regarding management,
compa!*e versws private manauwnant
0,nta to support, fens i kr i ty or rsnge management p;l nn$ i,rr
gutt�e County.
61 Pr6v 1 de 1 n'format; i on on t i mel 1 ne structure and fund l no for
department range manageniernt copabi 1 1 t in qut:,County.
The Oepat tWment of Fish' and Game responded to the 064rd 4 s t nqu l r ; j
The Soat*d thea referred the 0op8r4tmen't of Fish and Game r^e5p()rr �e
ba+ct to th+� Commission �. � which , rcaurred during
p ss � on for' fur.�her' rev i cw;
1 78ia arta 1 .986. In the year" of J987, the Boar -d i n i t i ated General
Plan Amendit en is and O `d l rionces to bo developed to l mp 1 emt-ML* the
recommended to i't i fat i on tnea;�ures.
1 rico l '�e3) many study meet 1 rigs; puk) l i a hear- i rigs r and
dr�rrspcndence his transpl nee_{ v� l th the 0oa1, of creat i rid a
qo,wernmertal P011CY to address the deerherrj I--,-
prob I em.
Various Pal IcY Proposals have been emteh-rtK31 F10d by both the
PlanllingCommission and the,- Board Of SuPer"Isors; tiuriino this time
period resulting in sOMe confusion. Th I s' r I e f I r, 6j� 1i s Intended to
clarify tine Board's, direction on t In 1 s mab4or) the possible
financial Imp,_,ts fOr future development In deerherd range, and a
course; of action to be carried out In the near future.
PLANNING DEPARTMENT WORK PROGRAM FOR 0EERHERD RANGE MANAGEMENT
board
Trio of t�
TI �SupevlStirs has directed the Pl,-4;nnin!� D,(,,p,:_3rtM0ht to
, Bor
moke preparations to amend the County's General Plan In order to
Implement the recommended mitigation measures cif the doerherd
study In response to 'this directive, the Plonrlirir), 01rector has
made arrangements for the development ref' D Resource
Conseryation/Energy element. Development Or suclil on (�IOmer it Hill
provide the necessary information and analysis,tri amend all other
elements of the Cbunty*s General Plan. Forthermoro,,) In preparing
such an tlement� an Environmental Impact Report would be, prepared
which is necessary tO justify Or to substantuat-0 deerherdimpact
fees. The majority of funding for such an undertaking V4111 be
,derived from an Energy COMInIssion grant. rundIng of the project
not derived from the abovegrant will come from the County salary
savings.
During 1588 It 18 the objective of the Planning Department to.,
11. Secure Funding from the California tEnergy Commisslorl,
2 . ObtaIr-, Soard, approv.all for a request r0fproposal an Planning
project -s.
9. C00traCt �1th a Cons!ultant,
4i 8001111 development of the resoura+�
ond
Dl ERHERD MITT(ATIQN PC -1:8
The oepartment of Fish 0"'J GZTMk-, ln,ar' 1 -.hat the County
establls#-i,a schetjule of � tps ane, a t_:,ubSe_quqni-. fund for deerherd
range m; t 1 oat I on. H r -i w r-, v c r j bO_ftit-0 --lUch F60s man be established,
some baz'cs of th(_3 feet -z t,%1,jst be dr: Y010PIld' t JUztI1`Y such a
t a ;-�a t I oin Or -2, 'v e 1-8 of re%6 Schkidul 0z have been
recommerr�ed to the Doord SLIP01-visors by both thje Department of
r1sh and G---2iML3 anti the LP_erh(--_n-d !;faudy Coinrilit-toe (seo attothed),
Hopsiever, adopt lon OF ar., -n-olinance to PrezC-rlbO NO% falls under
the Umbr,ella Of tho Calif, rrlta Ener lronmenti31 Dwallty Act,
One of the primat-y step!1;ujte
courll:y 'to legil-slate, S
,deer mltigbh lran fee, i s tQ prc-_Pare- 8111 tel-tIfY an Environmental
lmPaGt ROPOt"t, On suf-"-o 1(n00ZIAte iv(_1 act, it.-4ing. The Department or
Fish and Game reportS estobllshos 4a slonlrjtant effect on
the environment, and as such, the County, Board of SUpervlzorsis
precluded from filing I negative declaration. For the above
reasons, Butte County. Planning Director, Bettye Kircher, has
suggested incorporating the above required Envlrionment6l Impact
Re , port Into the development of the resource cons creat i onr'er�er
element. This would 1:e cost beriel"Icial to thes Crjunty by
uti I I z�j t -1,;j Energy Comm I s�-
, sion grant funding to occompl Ish multiplo
oafs and objectives of both the Count as well at seve-al SLtate
Agencies,
INTERIM POLICY CONCERNING DEERIAERD RANGE
Based upon the Subdivision Map Act and the Californla
'
Environmental Quality Act, an interim policy was developed by the
Board of Supervisors In 1987 to guide development in those arear,
of the deerherd habitat. The Boards directive was stated as
follows, "Any allowable developmen� "n 8 migratory deerherd
range will require condition Of aPr Oval s+-atjog, that the ovmesr
agrees to pay the doer Mitlgat !00 fees reqoired by County
Ordinance for issuance of Bulldllr!0 Permits at the time such
permits are issued. Owner acknowleges -',,,hat no such Ordinance- Is
In effect as of the date of approval."
Maps prepared by the bepartment of Fl;zh and Game are utilized by
staff to determine what properties are located in a game
leve l!opm6nt zone to and Implement the above interim pollicy, Tht�
Department of Fish and Gamo maps are currently being reformatted
to be utilized In the County's General Plan, ApproxItnate'alY s -1-Y
percent of such mapplhb has been completed to date.
CVCgkC+F t?EUKMENAN E�+'+�'
CAW UR
11IE RESOURCES AGENCY � _ -•-� � °- " ��' � .
STATE Or
.- .__ - AND
GAME
TMLNT . of FISH A ,
C7EPAR
REGION 2 t.lrIOVIL { , CA»tFr PjNIA
1701 NIMBUS ROAD, SUITE A
RANCHO COiN�VA, CALIFORNIA 95670
(916) 355-7020' r,� �8'
ocimiO of su?s"ITVI!,0113
APR 151987
mn, sd MCT,-jughlin, Chairman
Butte Coufxtyervisor
Board of Sup
Administration Center
25 County Center Drive
oroviller CA 95965-3380
pear Mr. "Laughlint
of the Department of rich and
1986, represeentatives tion,regarding_protecti nO
on December 2. our Boar
Game p
resented to y
At that t1A,.. r Weagreed,
migratory deer- habitat 'in Butte County• e development can
to pro,ride the Dpard with sp
ecific details on our recommendations.
and to identify areas of low deer value whet
Proceed We further agreed to refine our maps to delete such
areas, fromdesignation as deer range;,
tie have now completeli this p
roc'ess and have attached our final
to protodt deer. It is our
report on measures necBoard
Wil .1 Ives >vi] 1 be
- in the Board will take expedited,ll
to implement
understand 9 artznent repro
these recommendations., Dep, April 28th to eic}�J.ain our
J attending your' Board's meeting on
material in detaili
lease call. Jerry Mensch
If you have any further questions p 91� 355-7050.
Environmental Services Supervisor, (
. gincerely
,lames Dy ldessersmith
Regional Manager ,
8nclosure5
Measures for protection of .Migratory
Deer Habitat. in Butte County
April 15, 1987
This report complete;; the land use analysis portion of the deer
report presented to the 'Butte County Board of, Supervisors on
December 2, 1986 and identifies
Impacted deer winter range where development may
continue with mitigation measures.
Deer winter range in need of protection
Mitigation measures ;to offset loss of habitat resulting
from subdivision and development.
General Plan revisions.
Implementation of the following criteria will 1) provide
guidelines 11!Or development in migratory deer ranges, 2) create
a fund' to be used on projects to improve the quality of the
habitat within the remaining deer ranges in the county, 3)
control free roaming dogs on deer ranges, 4) allow free
movement of neer through remaining deer ranges, and 5) provide
,tong term protection to tiiigeatory deer in the county.
Several criteria were used to determine lands where deer use has
been or will be adversely affected by present parcel size.
s
uch
lands which are identified
�1adsm{$zones"t
maybe further developed with mtigtionmeasu�ere
Appendices A Implementation of these criteria also
determined winter range where development must be carefully
controlled in order to provide basic habitat needs {i.e., foody
water, and cover) and corridors of travel for migratory dee-r.
The following criteria were used to determine impacted deer
ranges and to delineate "Designatod 'Development Zones"
Parcels are currently less than 20 acres.Deer movement (migratory movement or, movement to feoding
areas, thermal cover, etc.) is blocked by parcels 04 5
acnes or less forming a barrier 1/4 mile or greater in
width. From a planning perspectives it Was ,assumed that
all parcels less than 20 acres will eventually be 5
acres be loss in size.
Habitat within the parcel is not suitable for migratory
deer.
Lands that border a t1984 Buttelcounty rnect11.10 rd study
identified in the May 1I I
panel Report)
that are not within a .Speci:ica].ly
designated migration "window".
or more s ,dOs by parcels
less, that
critical of Designated Deer winter range of 160 acres or'
or, bordered on t re
less than 20 acres i s relmetd to "f i7'1 -in" if the
following conditions a
not block deer movement?
DeVelo�>ment will
• ent of the property will rea=r t in a
Del up e
on, deer use of gureounding
areas.
A•�I delineate "Desi.gnated Development, Zone
5" in deer
Appendices licatian of the
winter range as identified
though app
aforeme
range a criteria. implementation of these recommendtions
nal
py the County+
Board of Sueslvnates Develo "nentaZone" owith
subdivision wlehin the "D g
minimal impact on cr.> tical deer range,
RECOMMENDATIONS
s within the "'Designated Developmeurtheres'uk dial ate
d in Appendi
Land ces A-1, may be
identifie`the following mitigation tne3sures:
provided they are subject to . the
fee
adopt and implementdeer mitigation f
�.. The county`
s,tuctuee contained inAppend 3:x 3
A 40 acre minimum parcel size gildlife constraint be
2� laced on erttical deer whter' and summer ranges,
p
areas that are outsi,dL
migration eorri.dors and fawning
the "Oeaignat-d Development 2houldibeTerended toy
Element 01, the Cenera.l plan
provide this c0hstra;nt.
3:
A 20 aci~e minimum parcel Size willdlt -0 const"raLnt be
placed on designatedehattare outrsidee'r''DesignateA
intermediate ranges The Land ilse Sl0m0nt of the
Development 20et!s" provide this
General plan should' be am ended, to
eonstr�int
4. A wildlife constraint be
pl
ranging in'Si aced on parce4o 'currently
g a from 20.0 to 39.9 acres 4t are
outside "besignated Development Zones"
Further subdivision of the land. ` tO prevent
of the General Plan should be amended tr1d Use Element
constraint. Protide this
5• The county adopt and enforce a dog control ordinance
within migratory deer ranges similar. tti Ol contained
In' Appendix K. for migratory deer range$ outside
"Designated Development Zones".
6• The county adopt and implement a
ordinance similar to that containedrincAe' fen-cing
migratory deer 'ranges y-)U H Appendix L for
Zones9° tsido Designa ed development
7.
100 foot and 50 foot buffer z
each side of ones be established along
respectFull permanent and intermittent streams
elements. Y, in order to maintain critical habitat
Theses distances should be expanded to
encompass all riparian wetland veg tat,iohwhere it may
e"xfsttoutside the designated ;zones
be allOWed within these area:�, No bui.ldirg should
84 Building envelope s be des-ighated as conditions
approval of Parcel or Subdivision
_maof
designated areas for developMaps within
ms"nt
`itransportation corridors',. along %de tified
GENERAL PLAN
The Conservation :Element shGuld support
development within deer ranges in eder rare need to regulate
of migratory deer; The Land Use Elemoht ofprovide
�h le for the heeds
should incorporate the following s ecific General' plan,
p policies:
14 Require
Protection of migrator.
inaintehance of minimum y deer through
On Cr't"cal a d told , sa�" Of 40 and 20 acres
eespect, ull n besienat"ed deer winter ranges;
y (reco►nmendation numbers 2 and 3),
26 Require that development in idonti.f�d cieor ra
ngos be
re�ulated to Eaciixtate the surviva
1 of migratory tieee,
3� Provide a means' to improve and
habitat in Butte Count y Protect migratory door
County
�tccoinm�.hdrrt�o.n number l).
APPENDIX J
Doer MitiQrltiOn roe
-mitigatiQn fee for impacts within
Yuba County has adopted a following
descriptive language
migratory . doer, ranges. The 0 and t1 -A30..
1 5, 1985 'Final Environmental Impact Ropor,
I I
their April
has been modified to Comply Ath the doOV
fee schedule
in this report and the needs of migratory
rocommenda
in Butte county.
she ,tihg environmental damage by iij.1prov i nq
practice of off -setting site is used at both stage and
areas not connected to a -pr for vels. These Offs1te improvements are uJA*-
Fedaral le Qdfincluding lost of wotlands,
different kinds of: impactso and
I - quality degradation; increased traffic congestion, air recreation Space -
for school classrooms Or improving deer
increased demands
Mitigation may be accomplIshed by physically i
.habitat or as I sessing a fee tt is used to n.furth0ButtOe.county. t'-dyl or
improve migratory door habithaat elsewhere i
t proposals in Butte County involve
Since most developmenutilize most 'Of the area involved,
ely small parcels or on Site or
relatively mitigation measures
it is imp�actical to Provide f'Or m
property owned by project proponents. There are afew
on other t multiple parcels
. I I
subdividers in Butte County who do own largo ed
elsew here
'rove doer habitatontherpropeand may wish to imp hou.16 be consier
'Se subdividers s
in the county. The vifoe hitat improvement
independently
7 and be allowed to Pro 1dO e Department Of
ir octlye subject to review and approval by the Dep
d most subdividers or builders who do
Fish and 'Game (DFG). rot m.,
nos h -O practicaway Forto
:t own extensive lands elsewherej there I tat impeovoments�on their ptopertl yt
provide sufficient habitat mprbvementOf
these, assessment a:)f a mitigation fO abdeVeIOM-Oht itat
elsewherecanserve to . mitigate impactsofrom
their I lands.
— based upon I location. of the proposed
The PtOPOsed foe Schedule is winte' rangei
d.Wintet or cel Ofd e
land division within designateovoloomdot
size of 'parcels Proposed and estimated effects requests for
8 incroaso �110 re
migratory deer.
Fee nCrt_, of
ISO in IntenSity
patterns upon m,ig i 1 Id
smaller parcel sites and the resultant into Smaller ones wOu
Every subdivision Of a Parcel 0
e construction And OCCUPatiOn
incur an iMp4ot eee. 8ihC 5 0
house increase-- inpaCtr- significantly MO"$ thc" just thlLogoriest.
fees have been divid0d into, two cc
subdivisionof land fees a second at the,
The first, imposed at the parcel map stave andOf
etmvt 8tage4 this provides for a distribution
building 1) 1actor_
to the benefit received. (goo
mitigation measures
Tablb
4
-2-
No fees would be assessed for subdivision of lots which were five or
fewer acres at the time of the proposed ad'd_itional split. Lots off: this
size are already below the minimum size for supporting migratory doer,
and :indeed for most resident deer', and are considered already lost as
deer habitat.
It is recognized that establishment of a fee schedulo and the
collection and disbursement of funds incurs employee time and uthe'r
expenses not currently required. The county may wan L to collect 15-20%
M
of the habitat improvement fee as compensation for these added costs.
llmns collected in this program would be placed in a special
All monis
enterprise fund by the county. it would be dispersed to further study
deer, improve deer habitat, or to landowners who signed an agreement
with the county for specific habitat improvement projects (approved by
DFG) and agree to maintain them for a minimum of 10 years'. The
landowners could either implement the habitat improvement project
4 themselves or participate with DFG concurrence with the California
Department of Forestry in their Vegetation Mawgement. Program or other
similar state or Federal habitat improvement programs. Monies from the
impact fee fund would be paid to participating landowners after the
agreed upon improvements had been made.
t
w
TABLE T;
SCHEDULE
OF RECOMMENDED IMPACT
FEES
Proposed
Parcel
Map
Building
Vomit
e
Existing
Parcel Size
Lot SiZ0* Stage
Critical
Winter`
Criti,Cal
Winter
Winter
Winter
Range
Range
Ran _
Tian e
4'0+ acres
40.0+ acres
$-'
$
$.-
$25020-39.9
$-
$350
acres
$300
$250
$350
$
10-19.9
acres'
$350
,x1300
$350
$350
.1.-9.9 acres
2Q.0=39.9 acre
20.0 -39.9
acre si $ 250
$300
$-
$200
$ 250
$350
$ -
$350
.
10.0-19.9
acres►
$350
$240
$350
$350
0.1-9.9
acres
5.1-1.9.9 acres
10-19.9
acres: $ 75
$' 90
6'S
$ 65
$
$265
$265
$2.65. .-
$265
0.1-9.9
acres
Fees would be
assessed
against each new
lot proposed.
APPENDIX K
REV''ISED BUTTE COUNTYDOG 'ORDINANCE
112. The previsions of this ordinanceshall apply to mig,eator-y
deer range's that are outside of lands identified as
"Designated 'Development Zone" in Appendices A -I (see Exhibit
available at Butte County Planning Department, 7 County
Center Drive, Oroville, for specific locations where
ordinance ,a'pplies)
113. In any instance in which a dog or dogs is/.4),o observed
killing wounding, or pursuing deer, except as noted in
Section 114, the person observing ;this action may take
action into and .including terminating the dog(s) ifit is on
kne'ir own property, has the permission of the landowner', or
is an public lands (e.g,, U. S. Forest Service,, Bureau of
Land Management, etc.') -
114. The provisions of Sections 112 and 113 shall not apply to
any of the following;
a. Any area within the corporate limits of any city, or
withih any developed rural or residential area with lot
sizes of less than three `acres.
b. Any dogs being used for the purpose of ,lawful tra,ihing
or ring prescribed dog ttaining or hunting
seasons2tlg du
Ci Dogs in the immediate presgnce and undor direct control
g i close proximity the
ownereandndu
the ownermustdemonstrateeffectivecontrol
of the e
g
115. Ttie provisions of this act do not provide a legal reason for
unauthorized trespass. Oefending dogs may be shot ohly by
persons with a right or permission to be on the property,
All incidents occurring under this provision;, whether or not
the offending dog or dogs are shot, must be reported to
local law enforcement officials including bepartment of Fish
and Game personnel.
APPENDIX. L
Perimeter Fending Ordinance
116.
The provisions of this ordinance shall apply to migratory
deer ranges that are outride lands identified as"Designated
Development Zone" in appendices A-1 (see exhibit available
at �u
tte County Planning Department, 7 County Center Drive,
Oroville for specificlocations where ordinance applies).
11,7.
Within the areas identified above, perimetor fencing shall be
limited to smooth or barbed wire (unless a dpecial use
permit is acquired). To allow passage of cider, the fence
shall be constructed of five strands or less of barbed wire.
The 'bottom and top wire shall be a minimum of 16 inches anti
a maximum of 48 inches above the ground.
118:
The provisions of Sections 116 and 117 shall not apply to
any of the following:
a. Any area within the corporate limits of my city, or
within any developed rural or resident-i,al area wit°h lot
sizes of five acres or less.
b. Proposed fencing of garden areas, dwellings, or
nmediate barn sC:ructures.
c. Proposed feitc,ing to eliminate deer- depredation lotises to
vineyards,, alfalfa, etc., where a special use permit: has
been obtained.
d. Any existing 'perimeter fencing
119.
As ecial use permit may be obtained for a variance to the
provisions of Sections 1.16 and 117 for agriculture purposes
(i.e, sheep grazing, deer exclosure perimeter fences to
prevent deer depredation losses to agriculture crops).
i
CHIIEF ADMINISTRATIVE OFFICE
COUNTY OF BU'l"°[ r
�VIT?F 25 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 9$965.3380 : (916) 138,7631
o r o
* u' MEMBERS OF T.11C UOARD.
C •.. G.
CdUS'% HASKEL A. MoINTUR.R
JANLI DOLAN
MAA -M. -J ivIGHOLq KARCN VLRCRUSR
et
civACIMINISTRi3Uf10'�0. PI
ATIVI* OFFICER a,nning Comm. Eta hkcLAUGHLIN
flov r LEN t=UL1'dN
Oraviil0, 4alitar i�; November 4, 1987
John Piendons.a, Chairman
Butte County Advisory Agency
7 CountyCenter brivie
aroville', CA 95965
Dear John:
Rei beer Herd Mitigation
on November 3, of deer herd mit_ga4iors7ashpart of an appeal to the Advisory
the subject
Board of Supervisors again
� +� isary Agency's clenial
of a., tentative parcel map. Following discuM4ioht the Board of Supervisors
requested that staff, as a matter of courser place a note On traps requiring
the, applicaat to pact deer herd mitigation fees at' such tide as the Br,ard of
Supervisors' ordinances are in place, and to liuvo the Advisory Agency approve'
thh maps utilizing this Board's; policy..
Ue woUld appreciate your efforts in advising members of the Advisory'
Agency in the ilnplemlantation of this change in Board policy.
Very tr,�,ly yours,
n co,s
chief Admi isttative officer
RJN/,0 /Jac
cc. Coat . Su om.,4" isor bees
�' �' � Mels
St baq 944f, County counsel
STATE OF CAWOONIA—THE RESOURCES :AGENCY GEORGE' DEUR A1EJ1AN, CokrinU/
DEPARTMENT OF FISH AND GAME'
REGION ?
1701 NIMaUS ROAD, SUITE A
e� n.f �Aye
RANCHO CORDOVA, CAIIFORNIA 95670 URUVILLC, CALiPQRNIA
,,YY
(916) 355-7020
IS8r
WAR, Or SUi ERV1..Un^a
APR 151987
Mr, Ed McLaughlin, Chaltman
Butte County
Board of Supervisors
Administration Center
25 ;County CenterDrive _
Orovill:e, CA 95.965-3380
Dear Mr. McLaughlin:
On December 2, 19860 representatives o, the Department of Fish and
Game presented to your Board,, or regarding protection of
migratory deer habitat in Butte County. At that time, we agreed
to provide the Board with specific details on our recommendations
and to identify areas of low deer value where development can
proceed. We further agreed to refine our maps to delete such
areas from designation as deer range..`
We have noir completed thit3 process and have attached our final
report on measUrPs neces s;ary to protect deer. It i"s our
understanding the Board will take expedited' action to implement
these recommendations. D0dartment representatives wilt be
attending your Board's meeting on April 28th to explain our
material in detail.
If you have any further questions please call Jerry Mensch,
Environmental. Servicns Supery sor (91.6) 355-100.
sinc�r,ely, �
Poe,-,..
James D MOsseesmith
Regional. kanager
EndlbsUtos s
-
s�6J SiN
TO, SUSAN
FIObt: VICKIL
SUBJECT: EIR TO IMPLEMENT DEER MITIGATION FEES
STATEMENT OF FACTS
The Board
p visors have requesto-d that this
office prepare,anro dinance�proposal to implement door mitigation
fees.
Initially) it was presumed that we could use Yuba
County's ordinance as a guide for setting the a0101int:s of t N fees'
and adapt Tees similar in nature
ISSUES PRESENTED
1, Can Butte County implement an ordinance ereat.i.tll; a fee
structure for dr-�er mitigation without filing an Ealvi.ronmentai;
Tmpact Report?(EIR) No., Butte County cannot implcament an
ordinance creating a tee structure for deer mitigation without
filing an 'EIR,
2 Ca.n Jute County request an ETR based on the Department o-1
Fish and Gant^ Deer Herd Study in Butte County'? Yes, Butte County
can request an HT", based on the 'Department of Fi: h and Game Deer'
Herd Study in Butte County.
3, Can the county at.oid An EIR by using a negr ti.ve dec'lkvationl
No, the county cannot avoid an ETR by using a 'nega ,ilve
d,eclara.ti.on,,
DTSG�ISSIC�N
The statutory requ.iro;eMont four rA, local EIR. is found in
the CEQA tinder ;Public Resources Code ,section 211,51 which states
in part
"All local a.gpncies shall prepart , or CMuse
to be propatU4 by e:ontraot, and cvwrti Y the
completion of an EIN on any pVoject they
intend to carry ort or approve which may have
r `1
a. si.�,rii.f;i:cant. ei'fect on the envizonhtc:nt,,� .
4r
Y
The term "project" is de-fined by section _21065 of the
CEQ,A
"Project means thefollowing:
(a) Activi.tios G'irectly unde takep by any
public agency;
(b) A6tiViq;.ies undertaken by u ,person Which
are supported in whole or in part through
contracts, grants, sans ,dies, loans, :or other
farms :of assistance from one or more pt~ ie
agencies,"
The Attorney General has addressed the question of
whether this broad definition of 'Project' encompaisses the
passing of an ordinance.
►� .
At is 'clear that ordinances passod by
6ities, counties and local agencies are
'activities directly undertaken by any public
agency' under Public Resources Code §31.005(a)
and thus 'projects' within CJ�QA" �B0 Opp;
Atty. Gen, 335, 388,
I�, is clear, ts�alal��ha�nCoajjcicerumi*t�,gati:on �eR before
creating an ordinance o- g e
schedule. This rule also applies to a resolution.
''As is the case Nvi.th ar ordinance, t'ht"
adoption of a, resolution is an activity
directly 'undertaken by sa_ public._body,. Rence,,,
It also Yulf3lls
the aE,finition of proje�,t
found in 21065 subdi.viisio (a) of CRnA.°'' GU
Cies Atty Gen, 335, 3249.
XSS, _W
Cinder .Public Resources Code So,6ti,on21.1.51, an Elia :L '
,required by a local agency when two conditions are satisfied:
�s(1) It is carrying out la 'project' and
(1') The project may h'a.ve a significant
eyfect on the environment:'
In County of %y "YortN,. 32 dal, AT�p. 3rd, 795 809;
Jog Cal. I pt,r 377; the count discusses what must 'be presented to
ostabli8h that the project may have It signiflaant effect 0.' ti the
enviVOnttient .
"in ow, Viekv, the second criterionis met by
that they project may hate a significant
�:fic nt
tits presence of some srtbstantial t,,vident
effect envirohmentally.'
2
,.„. , • �' r ` ,'tel �7?Y.f. ,�.�::.
1w W
i
Malone
in Inyo, (supra) the county asserted a catalog of
harmful environmental effects arising froman increased pump ling
of ground water
There is substantial. evidence provided by the
Department of Fish and Game Deer Herd Study in Butto County that
an ordinance establishing a mita,gation' fee may have significant
effect environmentally. Therefore, Dutte County may rely�s
docuament
as the basis of, its BIR,an thz.
01f the local agency finds without an initial
study that the project may have a significant
effect on the environment, or reaches such a
conclusion after conducting an initial O',tUdY,
an EIR is necessary.,, G0 ops: Atty. Gen. -335,
347:
ISSUE 3
In Vi:EWw of the fact the. county ht xec.eived the report
from fish and Game establishing a significant 01fe0t ori the
environment, they arc: precluded from filing a negative
declaration.
,A local agency cannot fulfill this duty to
'e,gamine and institute methods of ieducing
a.EIR being consideredcts' and sise
the he g
inadequate' or
- d negative declaration
;has been completed on
a project whei, in fact, the undertaking may
have a significant effect on the
environment," Go ops. Atty. Cien, 335, 340.
CONCLUSION
In order for Butte County to establish a deer
mitigation fee schedule, it must provide an EM It is possiblo
to use the preliminary :study done by the 'Department of Fish and
Game to justify the E1I2 laOca.us0 it shows there is a possibility
of a 6libstctntiml impact On bhe of Vironment.
t has boen the policy of the courts to lean tier the
side of environment t�:onc:c fins in iMpl j mon+ ng the C��A • This i s
evident in the litngttGito of the court in Count c I.n° (supra''
page 904):
I(ln resolving the conflict an intetity as w
must, we conclude that the llegisl.mture
intended the PQA to be inter°preted in such
niancaeii as to afford the f1,j`llest possible
protection to the environment within the
nable seopq of the statutorylanE
�. easo
Y
COUNTY OF LASS!.1
Board of Supervisor's
poom '101, cowthouso AMOK
Susanvllla, Cabla(n10 00130
(9t6) 2'SY 0�i1
Supervisor John R. G-11lher
September 9, 1981 Third019trict
713.260SOWS t1d.
Jane Dolan J711tasvitltl\GAJ T'i4
Suplt.rvisor, nistriot 2
p\C, Do:: 1i7Q0
Chico, CA 9 a9�7
Derxr Supervisor Dolan,
:I riot tlr1 tiny to you abotitt a proCamc� f bleiii taDor:s`lYottr noun t y hav
'Tho State Department of l i.sh earid
pa"abletn too"' Maybe itlia jLlst
We
ha�rarCr � tct"r�tytrtt'it•uc k their,
dne'r alld thy; antelope p S ,
fangs Into us- We have 'b eh liu� r erz�nc cttioa 1 l t�, ctr +�'c1 rs�rnt;i7 t .r l 1;1
and mOr, .l ty
t;rononracallY, they
have 't°'atterti lU1Q'd�rMr.�huaterc�ekuctlrx sOut
y�tknrst This f ,
`I"k1 at s
oto oiar county arltaually" t4ith their
cxckttutes u 2-tt million dz3l.7ax°s out of Cour local c*vonomy i
i5(.vc1O0nentallYr,- r All anti Game Protests every :;takYIjEjt,'tsl�.on, major
r ,e� n� � a split, t ,seen, wyr do not
�, d �;t rind almost er"t,t� ie�t, sl it s t,trcat, ty-kt
warm WAY POOple or i'ndustary to rwo'me atrttti our r~`tat�nt,rY�-�ttrtlt;ss they
(approve,, of oourse'
t hUht t;00111J5 ► tattrt h�xti°�e
Lte71`�tx�l?r mOLny l.on.al l�L'oi�le� tt1nnCSU
111.r�k"ea erl their pt5ticha.n andlc�x"rzpratd t`ttc xL�t t tcxttr3'�At�wn 2`t�talgsc'tso
A person must: have, 640 r>.cy'os xn Ot
mrxn small ranchers are coaled thv right Ut) tura on t,heit` own
1_tand. The last �;ty,.r.at� is t� i.sh rand C;atte's l�rive;t,r+ i�n.nd. btana�;ement
'PVogrratti, tahbre; 'they are giving the deer away f,c� b+: s�,ld+ Th}a
/� �^e , I i h { " t w had
tt LL.� el li r-R taTt�\.. People.
peel any ctetl%il;t.�k that T'ish an
,rxntc� mai hcav�
with t im lural,
bit t touch!
it is gettilig to oo a !
1 vsmild. thintt that. �tkretvc:� tt1>t t
tc-
bo other co'untios s in `he} a;;f`intk�rt trat l,�f on zanorit�tkaat: weAl though this pr, oble nt Ittrx n a
an t
t t" is 1 X+t n o ra tl
hr>r•e
1 tael;ter„t� 1t i, tc�st� importrttit t.t� ta,ttortrf
i.11 i�tr back t the
ttttst, ttvy* t.c� trcfiote
C"CtUfit.1C!"rS Slltttt tS i tie ofC)t'tt'rc�l or*er t' i.;th and (ita1110 tlt'i) which
C3t�Ce u: F
the
1.
you are Interet4teet in Drat tas bila 1r+ f and/oror; Mite 1 tt Ito to get �CSAC r
p;leaso rontaolt me as tUt)11 tx t
11401 ,Ai, txnd other county nr,gattizatiotr': attrt�l.vc el, t C,” 'f.hnt� iu erttau h
,.. f pp ,
ountios and supe:r� iso,r y rt support.
t
trc�et"e l 1
,7thrr air h:r
Lrasmon rouht',' X11 `r" �itJt'
94
RSRy+
94
00
w
APPENDIX i ,«n..
HAMOLE
i8 � roibeoorm 111 . MOS+ oli rl7 ss' . l ,_ rn �)FyC�v C +sl �sf.,f"r.w'• t •wm r, . ... rol .. ,�1*II. ,._t...F_�Sj'' ,¢. .1,. +4„yav,• ln..�UA6_'.t' l .l7t !♦},,,•,�.D
Nn'.r
f'
INTERIOR enMUNO aaROwNcoYENCR Way
HARVET UANR6'DIRMCTnOF WATER RE54URCS IHiftljrK liRM4O'CORAiHss
,rte 0 J f• 4 r �'
w �f,i � 1 V,` r r ,� � � � i .•
Y !
.pS1 f� _[✓ �� �f n m:
r i ', M 1' a ••ts
PAT
tit
f eel,
r
iro 1 � ir!fR IYI ♦"�L.�tFJ�,l�,1 -1
a { 1
'.Raltl7iw♦ ,,.,Ell
r•qi ..'.•,Jwe .,. .... sa`x1 � :l4.,a.,�._ .� �^i�`I�'jjyy la t?I•t�� ,
1j�
i t
r ,
= ll
iI•Y_to.till
i •!�• S S,NlY a \,A `S dl at , V�
,rl�•1.. • 4 A c o y y
z�. "H!.t. , � 4 �,�.... �, ,et� � �, tic `" , w �• . / ' , _ ,. F 2,'W � , N
'S t "
GEORGE DIUKMEJIAN,�t^O1'
STAT
CALIFORNIA RESOURCES AGENCY
DEPARTMENT OFFISHAND GAME
REGION 2
1701 NIMBUS ROAD, SUITE Ay
RANCHO CORDOVA,
16) 355-7020 0
1",11 UT <T4? a"
CALIFORNIA 4`67
JUL`3
Ms. ,lane Dolanr chair
Board of supervisors
Butte County
:Administration center
25 county Center Drive
otovillej CA, 95,965
_Dead Ms,
Dolan:
deor
response to your June 3, 1987 letter recommenc�OUOn
In p artme n that '
mit gation► it remains the Dep
eted habitat areas be subjoct to
parcels within the del
mit,�gation fees. _,.:
is for this recOMMondation is that even through habitat
The bas past rievelc"pme"nt actiVitieo
values have beOA ,degraded by p
additional habitat values will be lost to the added
sigrli icant ;ad such areas from deer range
development. Our action in deleting
designation was not intended to repres
ent tYrat these areas had
no valuei
el habitat values h,as already occurred,
since degraclai.a orc of de roach ryas presented
it is better "to detle�t d:1�velnpment to these areas in order to
areas for dee
maintain undevelope 'rovi e for bathnr,s developmour ent and deer habitat
as a comprOtnise to p
protection.
recommendation c fees dor future development in the-se areas
Cru recomm tb,ta� package. in Liar view mitigation fees could
was past of a be de osii.e in the Ccunt.v Visa anr, came fund for use
possibly
•scion to fund habitat i►lproveme:it prOJects for deer.
by that ccmrci r habAtat host to dev(,%IOP,
Such i,mprovemonts i�ou�.d thus m� ti atc. o
merit;
have further qucstiOns► please c.�nOno (9'16) 355n7030
If yob toleph
rnviror�ml:nal 'servicesupervisr�r,
Sincerely
dames a. Mes1_jeromi.th
�Aega.onal Manager
-RpATXV-1-1' 'FFjCE
COUNTY Of 13u'I'
od�1TT�c
5 COUNTY CENTER DRIVE
° OfiOVILLE, CALIFORNIA 9516$-3380L (916) $30•7631
!a •
MEMa;ERS 05 THE aS7ARpr
a o
HASISEL A. M-INTU,iiF
n e .JANE DOLAN
r0uyt�1 KAW [ VERCRU$E
r E. , cLA1JGH1.1N
MAA71NJ NfdHOLS July 8> �;�4�� LEN RULTON
CHIEF ADMINIStFiATiGE 01 FiGCFi
Butte Co, Ptahn ng C;gMM
lo,; Lean ttontgamery,
Chief Deputy county counsel JUL 16 1987
From ' Ma� J. Nichols,
Chief Administrative Officer Oroviila, Calitarnia
rtir
Subject; beer-Mitigatioh
hed letter was discussed by the Board Stheri ,ors ssuest
The attac Based upon this letter, and o
their meeting of Ju1,v 7 ,
the Board of Supervisors continued discussion of the deer mitigation
to the August, i8 meeting.
receive a written report from, you prior
The Board would l i k to Uesti ons
to the August 78 meeting to the following q
1.
Can the Board of Supervisors legally levy and collect mitigation
collected as part 1 advising
s? In the past:;. some Board members recall County Counsel �f a total
fee be coll total
that the mitigation fees could only fencing
f property* r s _. control ordnance and
mitigation package, i.(, dog
other Board
members recall that the mitigat�nn�eetc adopted a policy on
not
because the Boardevntcan vthe Board legally 51 vy and col !Oct mitigation
the fees-, In any
fees?could the
Z, If Butte bounty were to consider mi tigat,ion fees,
Board of 5u0orvi sor$ co►ltrol i'ti the fees `r?
{ A4"
Martin J. t chol s
Chief Administrative Officer
�idN/iip/�►s
incl
cc, /Bettye Kircher, Director of Planning
t3uths Co, l'lanhing Ccmrnlr
JUL 1 5 1987''
'Crovalet C:aufanlA
Admini strati ve 01` ice
July 8, 1987
To:
Bettye Kircher, Director of Planning
From:;..
Mike P,Yeatt, Deputy Administrative Officer
Dee Nerd M';ti-gation,
subject r
ervi sets canti Hued further di scussi onf
the regular "'agenda.
As you are aware the Board of Sup re aration Por that. meeting
deet, Mi ti gati'an + measure , `'Counsell 'An-'- p p n
of g of County
Quest�ans we°wit-1 be Askin
the �...
are.. levy
and collect mitigation
ervisors legally County counsel that
1, Can the Board of Sup total package, ,e,.
Evidently . 1 n the past the Board was adav�t e of b a 'eve Caunsel ` s
fe" . Evi the fees O thout being p t Board belie
could not levy Other members of he ted a policy
they and dog ordinance.
�°Pricyng an the. fact that the Board had not yet adopted
opinion was based
of collecting the fees, ',,',ion fees, could
e Board visors Were to consider m�tiga•
If the of Super
� i;he fees)' ery
Butte County control it ( �: Sup isorsMeet' nand�there
to colistehing to the tip
e of the 'soard o. to State i Game
to extend an invitatia�
There'Nre � we are not extPhdi n e
Was- no specific direction of August 18. state
to
attehd the meeting
erson11e1 u think i t wool be ad�1i sab1 e to have tide
such an 'invitation if you
at the Meeting please advise
Klie
Deputy A m o strati ve Officer
MP'Ivs
JANE DOLAN, Chair
5gcond Dlstrlal
HASKEL A. MONTURF
pitsDislrF4F
SUPE
°°°�;■r■n■y�+ KAREN VERCRUSE
�°°° R S ThFPd District
.cP .
-
MBOAR'D C] F'
SUPER V I S C� ED )A,;LALIOHLIN
■W, FouNltDistrict
ADMINISTFIA-rION CENTER CALIFORNIA 95965
CENT1 R qR. — OROVILLE, LEN FULTON
°° G:• 25 COUNTY 5367294 Fiith'DFstcict
•'�°'r QOUl4;'TELEPHONE; (916)
Juno 24, 1,91.17
0010 0o, Planning Cook.
tir, t'hn D,
Christofferson JUL 16 1987
GDA Enineering and Surveying
220 Grand Avenue Prov llo, Cali#ornla,
oroville, CA 95965
Dear Mr. Christofferson
Ike; Subdivisions/peer Herd+'Conflict
Your dune 4 letter concerning
The Board of Supervisors is in reoeip
t of Y ot�r, cl lent
the State Department of Fish and Game's comments with regard to y
(hlcQueeh-Smith) project,
be a sour�:e of caitmel�: an future
Your letter, and others, ��i11 surely the deer herd issue
discussions before the Board of Supervisors regarding s
aware the Board his directed a letterta the ,tate concerning
As you areresponse,
have Yet to receive a
mitigation fees; and we h, the doer herd is$ue,_►,ilea�e find attached
In a related matter concerning `suns f ram tr I r'
. � ved from the State bepartlrtMnt of Fish and Game ti,rherein
a loiter
recently rcei control ordinance prove_
they apparently are removing
artier osition, the n
e_ p
`Thank you for recent inputs
or trul y� you
Jane' Ool an >
hair
Butte County Board of Supervisors
JD/MP/Vs
Crcl
cG . 'Bettye Kircher, Director of Ilfianning
John Merndonsa, public. Works
STATE OF CALIFORNIA—THE RESOURCES, AGENCY GEORGE pEUKMEAAN, Governor
DEPARTMENT OF FISH AND GAME"
rming
Butte Co.P1a
R40ION 2
1701 NlMsus ROAD, SUITE A JUN 2 51987
RANCHO CORDOVA, CALIFORNIA 95674
(916) 355-7020 Qrvville�
�IfO�
JUN 1 21987
Ms. . Jane Dolan, Charpers-�n ea No
,Butte county Board of superviesors
25 County Center Drive
otoville, CA 95965
Dear Ms. Dolan
The Department Of Fish and (lame provided the Butte County
Board of Supervisors with two reports (December 7r 1986 and
April 15j 1987) regarding migratory deer in Butte County.
Since that timer we have reevaluated our previous recommendations
regarding a dog control ordinance. Existing State law preempts
the area of dog control for protection of w-i-ldlife. Therefore,
we withdraw our request that the county adopt a dog control
ordinance,
x appreciate the Board's cooperation in working with us to
resolve- the subdivision/deer issue in the county. Hopafullyr
this issue will be resolved soon.
If the Department can be of further assistance, please contact
Je:ryy Mensch, Enrtronmental Services Supervisar, telephone,
(91.5) 155-7030.
S].t1C�'.rely
t-
es D. Messer mil
egional Manager,
J.ANI? DOLAN, Dolt
aueond Metrial
HASKGL. A, MCINTURF
.��•s�u••oy4 First District
•••Cv 3UP�+� �i•
,. , r ,• KAREN VERCRUSG
••¢Q'' 'eCt+ Third D151110
M. BOA OF SURERVISORS
co McLAUaHLIN
tlt` Fourth 0.1airiat
ADMINISTRATION CENTER
''•.............. ��' 25 COUNTY CENTER;pR, — OR0I+ILL ,CALIFORNIA 95965 LEN FULTON
•�•� K..'�TELEPHONE: (914) 530•:',224: FlitfrUiatriri
June 3, 1987
Buff* Co. Manning Comm,
James D. Messersmith, Regional Manager ,JUN 8 1987
Region '2 1D�o�tllo� C,iGf�rai
State Department of Fish and Game
1701 Nimbus Road, Suite A
Rancho Cordova; CA 95670
Dear Mr, Messersmth:
Re: Deer Herd tssue Butte Co ,ty
On April ?8, 1987, representatives of the State Department
nt
of Fish and Game made a identified
on reasp the that �aree suiunty table ble for
Of Supervisors which i dentY, As part of tl►i s discussion, the
development within the county.eral
Board of Supervisors made a motion ro ainitiatian eilandgezones, abut
amet)dment as recommendedi excluding .p
all owing for deer migration n i c� n and ithconcept ei fencing Board
o mitigation
to both a dog control o
measures, using language that has o mitsionrward and goarnuof Supervisors
hearing processes at the Planning C mm
level.
Recently, the Board of Supervisors has been approached by
the development community asking fortheestablishment into to»itigatentheterim
rfeer
trust fund in which developers tout pay
migration concerns. From our April 28th discussion,p the ratod
n
of Supervisors, in initiating a general plan h Thos ar
n ena8;1't�eady
its concern over fees as a, mitigation meas r
deemed lost. The Botl is still not inclined to initiate fees
in these instances:
Please be advised that the Board of Supervisors is ready to
proceed inti making decisions regarding proposed tentative `pa!""
and tentative subdivision maps, based upon the large identified