A New Era in Habitat Restoration?

Public-Private Partnerships Promise Ecological Benefits

By Thomas F. Ries

Tampa Bay can boast of more restoration projects per square mile than nearly any other estuary in the world. Since 1989, 87 habitat restoration projects have been implemented within the Tampa Bay watershed resulting in over 3,042 acres of new or improved estuarine and coastal habitat. Just to our south, an additional 37 projects totaling approximately 237 acres were constructed in the Sarasota Bay region.

Almost 100% of these projects were performed on publicly owned parcels – or lands owned by a city, county, state, or water management district. That’s because it is far easier and much quicker to restore public lands, and it avoids the potential negative public perceptions that could occur if tax dollars were invested in privately held lands.

This has been a good model for the last 25 years, and Tampa Bay has clearly benefited, but the time has come to reconsider that single-minded focus for a number of reasons. To start with, the availability of public land is limited. More than 80% of the property in Florida is privately held, so publicly owned sites for habitat restoration are becoming tougher to find.

This isn’t a bad reality; it just means that many of the publically held parcels are, in general, functioning ecosystems. Most of those government-owned parcels that are impaired have already been targeted for habitat restoration – and the fact that there are fewer publicly held sites that still require restoration shows how far we have come.

Even so, there are still many properties that could be critical components in a comprehensive ecosystem restoration plan but may never fully meet their potential simply because those lands are not publically owned.

As we move into the future, we must develop habitat restoration endeavors that are ecologically driven. In other words, the identification of potential habitat restoration sites should be based upon ecological needs, not whether there’s a publicly owned parcel available.

I would even go so far as to say that the next wave of habitat restoration must demand that sites be prioritized based primarily upon the ecological needs of the region, such as restoring low-salinity stretches of a tidal river, focusing on habitats that were disproportionally lost, or targeting areas that have little or no critical habitat remaining.

Only after this exercise is completed should jurisdictional boundaries be considered. Birds, fish, and animals don’t recognize these artificial boundaries, neither should resource managers!

Of course we recognize that developing the partnerships necessary to restore private property with public funds will not be easy. There are a series of real and perceived issues that must be addressed before these types of projects can be undertaken. For example, some of the real issues include:

• Who will be responsible for ongoing maintenance?
• What kind of public access will be allowed?
• How will private land owners be prevented from developing the land at a later date?

An agreement to ensure that restored areas will remain natural and continue to provide ecological benefits to the region may be the most critical issue. A binding legal instrument must be forged and documented so future decision makers cannot undo restoration efforts funded by the public.

The first Public-Private Partnership (P3) in Tampa Bay was implemented between the Southwest Florida Water Management District (SWFWMD) and Tampa Electric Company (TECO). It took over two years to finalize the legal agreements. The good news is that now that the path has been blazed, more recent agreements have been executed much more quickly.

The primary instrument which documents the agreement is the recording of a Conservation Easement (CE). This is a legal document that essentially acts as a layer placed over the restoration area which severely restricts the future land use of the parcel. The CE can be crafted to allow some agreed-upon activities, such as passive site access via the deployment of nature trails or educational kiosks, but restricts activities like paved parking lots, buildings or other significant site alterations.

In spite of these future land use restrictions, many private land owners are still interested in partnering because they understand the importance of functioning ecosystems, or because the partnership provides positive public relations. Families also may use CEs to ensure that their legacy remains in a natural state for future generations. In some cases it can also lower their tax burden because many counties apply lower tax rates to lands under CEs.

It is imperative that these CEs are held by an entity that can track and enforce the agreement. Water management districts or state agencies are typical CE holders who have the legal authority to ensure that the investment of public funds continues to provide benefits to taxpayers.

If carefully crafted, the resulting agreement can be tremendously beneficial for all participating parties – and the region’s ecosystem. The Newman Branch Creek Fisheries Enhancement near TECO’s power plant in Apollo Beach is the perfect example. This site was targeted because it had the important low-salinity conditions which are critical for juvenile fish species. It also had been historically dredged and clearly needed restoration

TECO provided 12 acres of land on both sides of the creek and SWFWMD and the National Oceanic and Atmospheric Administration provided funding to restore and create freshwater ponds and estuarine habitats, as well as to remove acres of invasive, non-native vegetation.

It had tremendous benefits for all parties: a cost-effective restoration opportunity for SWFWMD, educational opportunities for TECO’s Stewardship program at the popular Manatee Viewing Center and critical fisheries habitat for the bay’s ecosystem. It was even named the Environmental Project of the Year by the Hillsborough County Planning Commission in 2009.

TECO was so pleased with its first P3 that a second phase covering another 12 acres of critical estuarine habitat was completed in September 2012. TECO purchased a portion of this land, about 4.5 acres for $465,000 as their in-kind commitment. With this as match, Ecosphere Restoration Institute was able to secure grants of $55,000 from the U.S. Fish and Wildlife Service, $77,500 from the Gulf of Mexico Program, and $50,000 from SWFWMD. Planning has begun for a third phase on 24 acres upstream with a partnership that has grown to encompass the Florida Aquarium and the Florida Fish and Wildlife Conservation Commission.

This shows P3s provide an effective method of continuing the restoration of environs in Florida. From a landowner’s perspective it creates the opportunity for positive publicity about a company’s stewardship program or helps protect a family’s legacy and potential savings on property tax expenses. For resource managers, P3s open the door to create critical habitats where they are most needed and effective. Finally, if the CEs are crafted correctly, they provide assurances that the public resources are protected in perpetuity. P3s represent a possible new era for habitat restoration projects!

Tom Ries is executive vice president of Scheda Ecological Associates, Inc. and president of Ecosphere Restoration Institute, a not-for-profit organization he founded in 2003 to create partnerships with local governments and landowners.