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Takings vs. Givings: Science and Policy in Riparian Setback Zoning Stu Schwartz Center for Urban Environmental Research and Education University of Maryland Baltimore County

Takings vs. Givings: Science and Policy in Riparian Setback Zoning Stu Schwartz Center for Urban Environmental Research and Education University of Maryland

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Page 1: Takings vs. Givings: Science and Policy in Riparian Setback Zoning Stu Schwartz Center for Urban Environmental Research and Education University of Maryland

Takings vs. Givings:

Science and Policy in Riparian Setback Zoning

Stu SchwartzCenter for Urban Environmental Research and EducationUniversity of Maryland Baltimore County

Page 2: Takings vs. Givings: Science and Policy in Riparian Setback Zoning Stu Schwartz Center for Urban Environmental Research and Education University of Maryland

Overview

Setbacks vs. Buffers

3 Generations of Riparian Science & Setback Zoning

Needs & Opportunities in Urban Riparian Science

Page 3: Takings vs. Givings: Science and Policy in Riparian Setback Zoning Stu Schwartz Center for Urban Environmental Research and Education University of Maryland

Buffer Function + Zoning ≈ Riparian Setback

As a zoning instrument setbacks:

• Restrict riparian development & landowner property rights

• Grounded in municipal authority for public health, safety, public nuisances

• Generally DO NOT prescribe landcover – therefore only loosely connected to buffer function

Page 4: Takings vs. Givings: Science and Policy in Riparian Setback Zoning Stu Schwartz Center for Urban Environmental Research and Education University of Maryland

“Except for support of biodiversity, some of the environmental services of

riparian areas can be provided by technologies, such as reservoirs for

flood control and treatment plants for pollutant removal. However, these

substitutions are directed at single functions rather than the multiple

functions that riparian areas carry out simultaneously and with little

direct costs to society.”

-National Research Council

Committee on Riparian Zone Functioning and Strategies for Management

Page 5: Takings vs. Givings: Science and Policy in Riparian Setback Zoning Stu Schwartz Center for Urban Environmental Research and Education University of Maryland

Buffer Functions and Setbacks

•Flooding & Bank Storage

•Bank Erosion & Sedimentation

•Ambient Water Quality & Stream Temperature

•Water Supply - RBF

•Aquatic Ecosystems – through biological impairment & TMDLs

Page 6: Takings vs. Givings: Science and Policy in Riparian Setback Zoning Stu Schwartz Center for Urban Environmental Research and Education University of Maryland

Excess Sedimentation

Estimated Damage Costs in the Atlanta Metropolitan Area:

$0.5 to $1 million in annual damage awards to downstream property owners

$1 to $5 million in additional drinking water treatment costs

$1 to $10 million in annual dredging costs

$1 to $10 million in additional maintenance costs for hydroelectric generating stations

$25 to $50 million in replacement costs for lost hydroelectric capacity.

DIRT2

Page 7: Takings vs. Givings: Science and Policy in Riparian Setback Zoning Stu Schwartz Center for Urban Environmental Research and Education University of Maryland

•Grey literature on riparian services SPECIFICALLY to support riparian setback zoning – e.g. Wenger (1999) A review of the scientific literature on riparian buffer width, extent and vegetation. U. GA. Inst. Of Ecology

•Primarily Forest and Agricultural Buffer

•Two-edged sword!

1st Generation – Ag. and Forest buffer literature. What’s the “right” width?

Page 8: Takings vs. Givings: Science and Policy in Riparian Setback Zoning Stu Schwartz Center for Urban Environmental Research and Education University of Maryland

2nd Generation - Riparian Function:

•Joint non-separable services flow from maintaining riparian function

•Emphasis on contiguity of riparian corridor and connection and exchanges between streams with their floodplains

Broadmeadow and Nisbet (2004) The effects of riparian forest management on the freshwater environment: a literature review of best management practice. Hydrology and Earth System Science 8(3):286-305

– after Barton,Taylor and Biette (1985) N. Amer. J. Fisheries Manage. 5:354-378

•Tradeoffse.g. stream temperatureWidth vs. Length

Page 9: Takings vs. Givings: Science and Policy in Riparian Setback Zoning Stu Schwartz Center for Urban Environmental Research and Education University of Maryland

3rd Generation – Process-based Predictive Understanding

•Watershed-scale riparian services linked to landscape structure, position, and watershed dynamics

•Optimal buffer placement – design, design reliability, and safety factor

•Efficiency vs. Resilience of Riparian system – which setbacks matter most? Analogous to shift from technology-based to water quality-based standards

•Shei Pa National Park - Taiwan

Lin et al. (2004). Ecological Engineering 23:327-339

•Two-Edged Sword

Page 10: Takings vs. Givings: Science and Policy in Riparian Setback Zoning Stu Schwartz Center for Urban Environmental Research and Education University of Maryland

Science Questions

Recovery and Reversibility – ‘Ghosts of Landuse Past’•French Broad, Little Tennessee Tennessee – 95% forest

Erosion Control & Bank Stability•Grass vs. Trees Volume vs. Residence Time

Stream Temperature•Width vs. Depth•Shading vs. Sheltering•“Recovery zones”

Significance of Bank Storage – e.g. Cedar River

Water Supply Services - River Bank Filtration (Louisville, Cincinnati, etc.)

Wood in Urban Streams - Stable wood vs. “debris”

Page 11: Takings vs. Givings: Science and Policy in Riparian Setback Zoning Stu Schwartz Center for Urban Environmental Research and Education University of Maryland

Summary•Commoditization and policy-making regarding riparian services is accelerating (TMDLs, CBP)

•Demand for science to inform policy

•Process-based predictive understanding

•Beyond fluxes and stores: How does riparian continuity and connectivity affect resilience and reliability of riparian services?

Comments and Feedback WelcomeRiparian Setbacks; Technical Information for Decision Makers

www.crwp.org

Page 12: Takings vs. Givings: Science and Policy in Riparian Setback Zoning Stu Schwartz Center for Urban Environmental Research and Education University of Maryland

Comments and Feedback WelcomeRiparian Setbacks; Technical Information for Decision Makers

www.crwp.org