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Santa Fe Ordinance

CITY OF SANTA FE, NEW MEXICO
ORDINANCE NO. 2001-35

AN ORDINANCE CREATING NEW SECTIONS 14-91 THROUGH 14-91.10 SFCC 1987 RELATING TO THE HUMANE RELOCATION OF GUNNISON'S PRAIRIE DOGS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SANTA FE:
14-91 THE HUMANE RELOCATION OF GUNNISON'S PRAIRIE DOGS.

14-91.1 Purpose and Intent.
It is the purpose and intent of the Gunnison's Prairie Dog relocation regulations to protect the diminishing populations of Gunnison's Prairie Dogs by ensuring their safe and humane relocation prior to the development of property within the city of Santa Fe to appropriate and protected habitat areas as designated by the city.

14-91.2 Applicability.
Except for single-lot, single-family residential development, compliance with these regulations is required for any public or private proposed development or phase of development approval, prior to grading or any other disturbance of property where Gunnison's Prairie Dogs are located. However, for family transfers, and all projects defined as development types 'A' and 'B' as set forth in this chapter, at no time shall the property owner or developer be responsible for relocation expenses, costs or fees that amount to more than $1500 per acre. This amount shall be subject to periodic review at the discretion of the city manager and may be amended to reflect increased costs due to inflation or other circumstances.

14-91.3 Exemptions.
A. An exemption from these regulations may be granted by the planning and land use director or his or her designee under the following circumstances:

1. There is no city approved property available for a proposed relocation of Gunnison's Prairie Dogs; or
2. There is no city certified relocator available within a reasonable time as determined by the city for a proposed relocation; or
3. A city certified relocator determines that the timing of the proposed project is such that the start of construction operations, including grading or other disturbance of property where Gunnison's Prairie Dogs are located, would have to be delayed more than 60 days.

14-91.4 Appeals.
An appeal pursuant to the granting or denial of an exemption to these regulations shall be to the board of adjustment.

14-91.5 Violations and Penalties.
Violations of any provision of this section shall be punishable in accordance with Article III of Chapter 14, Section 14-7.10 and 14-7.11 SFCC 1987.

14-91.6 City Approved Lands.
A. The city shall approve relocation sites which are:

1. Private lands protected as wildlife habitat by a conservation easement held in a land trust or other conservation organization; or protected by organizational by-laws or other legal vehicles; or
2. Public lands protected for the purpose of indefinite, long-term prairie dog habitation; or
3. Private or public lands which meet best management practices criteria for suitability.

14-91.7 Certified Trappers/Relocators.
A. The city shall certify Gunnison's Prairie Dog trappers/relocators to be hired by owners or developers of private property who meet the following minimum requirements:

1. Training by a qualified and experienced trapper/relocator in;
   • Two trapping methods (flushing and live trapping); and
   • Two methods of relocation (use of existing holes and augured holes); and
   • Participation and attendance at a day of orientation to include prairie dog facts and proper techniques for trapping and relocating; and
   • Fifteen days of on-the-job training in both trapping and relocating; and
2. Written verification of the above by the trainer.
3. A person considered to be a qualified and experienced trainer shall at a minimum have had the training described above.
4. Certification is considered a privilege and shall not be construed as a property right. Failure to comply with Santa Fe City Code will authorize the city manager at his or her discretion to withdraw such certification.

14-91.8 General Requirements.
A. Intent. It is prohibited to intentionally destroy or otherwise harm the Gunnison's Prairie Dog on any lands within the city of Santa Fe at any time in relation to an applicable development herein unless an exemption has been granted.
B. Procedures and Submittals.

1. Pre-application inspection. As a pre-application requirement, an inspection of the site for prior grading and the existence of prairie dogs shall be performed by city staff. If Prairie Dogs are found on the property, then the owner or developer shall contact a certified trapper/relocator who shall develop a relocation schedule and plan.
2. Submittals. The owner or developer shall submit a relocation schedule and plan for review and approval as part of any development submittal which addresses all of the requirements listed in this section before any development of property takes place. Approval of the plan is required before a grading permit or any other building permit is issued by the city.
3. The preferred relocation times are June 15th through September 15th. The Gunnison's Prairie Dog may also be relocated in April, but may not be relocated or otherwise disturbed between May 1st and June 15th, which is the breeding season of the Gunnison's Prairie Dog unless exempted under section 14-91.3. Owners and developers of property shall make every effort to coordinate their development stages and operations with this schedule.
4. Only a person certified by the city as a prairie dog trapper/relocator may perform the relocation services.
5. The property owner or developer is responsible for all relocation expenses, costs, and fees related to the relocation of Gunnison's Prairie Dogs.
6. Upon completion of the prairie dog relocation, the owner or developer shall submit written notice to the city from the certified relocator hired for the relocation work that the relocation has occurred.

14-91.9 Additional Requirements.
If any development of the property does not occur within one year of the plat or development plan approval or the issuance of a building or grading permit, and reestablishment of the Gunnison's Prairie Dog colony occurs, the applicant shall again be required to be in compliance with the requirements as set forth in this section.

14-91.10 Effective Date Of Ordinance.
This ordinance shall become effective 30 days after its adoption by the governing body.

PASSED, APPROVED and ADOPTED this 28th day of November, 2001.

LARRY A. DELGADO, MAYOR

ATTEST: YOLANDA Y. VIGIL, CITY CLERK

APPROVED AS TO FORM: PETER A. DWYER, CITY ATTORNEY