Idaho Dept. of Fish and Game Criticizes Hayden’s Handling of Stone Creek North

Letters from February and March convey concerns about wetland

Summary

In letters and emails between Feb. 15 and Mar. 1, 2023, the Idaho Department of Fish and Game (IDFG) criticized the City of Hayden’s handling of the Stone Creek North subdivision and its wetlands. 

Carson Watkins, Panhandle Regional Supervisor for IDFG, sent the letters in which he reminded the City of the value of wetlands and condemned the City for its handling of Stone Creek North.

This communication occurred in the aftermath of the Feb. 8 special City Council meeting about the Stone Creek North subdivision.

🌶️ Hot quotes from the letters

• “ . . . the fact remains that there are wetlands on the property. That raises concerns that potential negative impacts to the wetlands and wildlife habitat from development have not been and will not be addressed.” (Feb. 15 letter)

• “After submitting these comments nearly 30 months ago, IDFG never received any follow-up from the City of Hayden . . . .” (Feb. 15 letter)

• “While we are aware that it may be too late to affect an outcome on this project, the mischaracterization of IDFG’s assistance is disappointing.” (Feb. 15 letter)

• “ . . . the City might consider in the future some relatively standard habitat protection measures often instituted by jurisdictions (e.g., building codes and wetland setback) to help guide the planning of development projects.” (Mar. 1 letter)

The Full Story

In the Feb. 15 letter, Watkins says, “ . . . IDFG is the lead state agency regarding wetland issues and management with respect to wildlife habitat. Wetlands are essential habitat for many of Idaho’s fish, wildlife, invertebrate, and plant species. . . . The hydrologic, water quality, ecosystem support, and habitat functions of wetlands provide highly valued ecosystem services to Idaho’s citizens . . . .”

According to Watkins, “ . . . both IDEQ [Idaho Department of Environmental Quality] and IDFG concur that these wetlands . . . provide important wildlife habitat and water quality benefits, and will be negatively impacted by unchecked development of the area.”

Per the letter, the City of Hayden did not follow up with IDFG for further comments or clarifications regarding IDFG recommendations and guidance. “After submitting these comments nearly 30 months ago, IDFG never received any follow-up from the City of Hayden even though the project has gone through multiple design alterations. There were also no attempts to clarify our previous comments and recommendations or solicit additional wetland development guidance.”

IDFG was prevented from commenting at City Council

Representatives from IDFG we in attendance at the City Council meeting on January 24th, 2023, but were unable to make a public comment due to the City Council’s policy of only allowing comments on non-agenda items. 

In the special City Council meeting on February 8th – presided over by Mayor Scott Forssell and City Attorney Fonda Jovick – “ . . .  it was stated that IDFG comments were unclear in their guidance on wetlands, and thus only our CC&R guidance would be integrated with the project. To the contrary, IDFG’s technical assistance was very direct and clear. . . . While we are aware that it may be too late to affect an outcome on this project, the mischaracterization of IDFG’s assistance is disappointing.”

About Stone Creek North

Stone Creek North is a 72-lot, residential, multi-phase subdivision on about 33.28 acres. The subdivision has been at the center of controversy in Hayden this year due to residents’ frustrations with project handling, including wetlands in the subdivision.

Initial Letter from IDFG in Oct. 2020

IDFG sent a letter (and email) to the City of Hayden planning department on October 19, 2020. In this letter, they summarize the wetlands involved in the Stone Creek North property and make recommendations to the City about how to protect the wetlands:

“Both parcels contain approximately 9 acres of a 10.25 acre freshwater emergent wetland, and an additional .03 acres of a 3.08 acre freshwater forest/shrub wetland.” Watkins continues, “ . . . the fact remains that there are wetlands on the property. That raises concerns that potential negative impacts to the wetlands and wildlife habitat from development have not been and will not be addressed.”

IDFG goes on in the Oct. 2020 letter to describe the benefits of wetlands to wildlife and vegetation.

Recommendations from IDFG in the same letter:

• Group the building sites to maintain travel corridors and open spaces for wildlife

• Configure open spaces in large, continuous patches

• Retain mature, native trees, shrubs, and snags in open spaces

• Use wildlife-friendly fencing

They make recommendations for CC&Rs as well:

• Inform residents on how to avoid attracting bears, raccoons, and skunks

• Discourage feeding wild birds to avoid property damage from waterfowl or wild turkeys

• Discourage providing food to song birds as it may attract bears to feeders

• Require pets to be restrained from chasing or disturbing wildlife

• Maintain a safe distance from wildlife

What’s Next for the City of Hayden

The criticism from the Idaho Department of Fish and Game continues concerns about the City of Hayden’s handling of wetlands. Will current City leadership protect against similar situations in the future?

Watkins offered the City additional technical assistance. In the March 1 letter, he also recommended the City consider adoption of wetlands code:

My statements were intended to convey that code is one of many measures that can be available to jurisdictions wanting to conserve the many benefits that fish and wildlife habitats provide to Idaho’s communities. My intent was not to indicate that “wetland code” is needed for this Project. Rather, I was indicating that the City might consider in the future some relatively standard habitat protection measures often instituted by jurisdictions (e.g., building codes and wetland setback) to help guide the planning of development projects.