A. The federal government has determined that there exists critical habitat located within the city for the Mojave Desert Tortoise, which is listed as a threatened species under the Endangered Species Act of 1973.

B. To mitigate impacts to the Mojave Desert Tortoise habitat the habitat conservation plan was established in 1995 and later restated and amended in 2020.

C. The habitat conservation plan is required by the United States Fish and Wildlife Service for Washington County’s Incidental Take Permit No. TE036719 (“take permit”).

D. The required habitat conservation plan and the incidental take permit resolve conflicts with the Endangered Species Act of 1973 and permit growth, development, and other covered activities to occur in the Mojave Desert Tortoise habitat within the city.

E. The habitat conservation plan established the Red Cliff’s Desert Reserve, a large area of land approximately seventy-seven thousand (77,000) acres in size, which is the primary conservation measure to offset the impacts allowed under the incidental take permit.

F. An environmental mitigation fee is necessary to administer the Washington County habitat conservation plan and take permit, including the management and monitoring of actions and activities within the Red Cliffs Desert Reserve.

G. The environmental mitigation fee imposed herein bears a reasonable relationship to the administration of the required habitat conservation plan required by the take permit.

H. In 2021, the city and Washington County entered into an interlocal agreement wherein the parties agree to continue implementation, financing, and participation in the take permit and habitat conservation plan, as well as continued participation in the collection of the mitigation fee. (Ord. 12-1-1993, 12-9-1993; amd. 2003 Code; Ord. 2024-017, 3-7-2024)