Wildlife Habitat Protection Through State-Wide Land Use Regulation

Federal legislation in the past 20 years has aimed to protect wildlife in areas where state legislation has proved inadequate. A new state-based strategy uses state land laws to regulate developmental impacts on wildlife and wildlife habitats. This strategy merges two concepts: the state's obligation to protect wildlife, and zoning. As exemplified by Vermont's Act 250, wildlife management extends well beyond the regulation of hunting to the protection of habitats through careful land use management. In the development of such laws, five issues must be addressed: the amount of development to regulate, eligibility for protection, impacts justifying protection, justification of loss of habitat, and protective measures.