What matters to me today is: Ca Home Builders’ Bee Burden Broadens.
New guidance from the California Department of Fish and Wildlife (CDFW) only heightens and exacerbates the current—and future—uncertainty surrounding regulatory compliance for Crotch’s bumble bee and likely forthcoming insect candidates.
California developers already know the challenge. As a candidate for listing under the California Endangered Species Act (CESA), Crotch’s bumble bee receives full CESA’s take protections, already causing significant permitting complications and delays.
Now, CDFW’s newly released guidance describes the bee across an increasingly broad range of habitats—including grasslands, shrublands, chaparral, desert margins and even semi-urban settings. It discusses habitat assessments, surveys, biological monitoring, seasonal restrictions and nest buffers. Existing incidental take permit examples even contemplate evaluating bee occurrence up to 20 miles from a project. And negative surveys do not end the inquiry.
One potential upside is greater consistency among CDFW regions in permitting these first-ever insect candidates under CESA; however, this remains to be seen.
There is also an important tension: CDFW now recognizes Crotch’s bumble bee observations extending far beyond what the original listing petition suggested remained occupied. That may expand permitting exposure, while simultaneously raising questions about the petition’s portrayal of the species’ decline. CBIA’s opposition to listing remains outstanding.
With additional candidate listings potentially coming—including following AB 1319—developers should engage experienced biological and legal advisors early. Compliance is navigable, but California’s endangered-species permitting landscape is becoming considerably more complex.
That’s what matters to me today in 250 words or less. What matters to you? I’d really like to know.