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Sensitive land protection

LT1.1 | Possible point

Intent

To encourage development within and near existing communities and public transit infrastructure. To encourage improvement and redevelopment of existing cities, suburbs, and towns while limiting the expansion of the development footprint in the region to appropriate circumstances. To reduce vehicle trips and vehicle miles traveled (VMT). To reduce the incidence of obesity, heart disease, and hypertension by encouraging daily physical activity associated with walking and bicycling.

To conserve imperiled species and ecological communities.

To preserve water quality, natural hydrology, habitat, and biodiversity through conservation of wetlands and water bodies.

To preserve irreplaceable agricultural resources by protecting prime and unique soils on farmland and forestland from development.

To encourage development within existing cities, suburbs, and towns to reduce adverse environmental and public health effects associated with sprawl. To reduce development pressure beyond the limits of existing development. To conserve natural and financial resources required for construction and maintenance of infrastructure.

To avoid the development of environmentally sensitive lands and reduce the environmental impact from the location of a building on a site.

To encourage tenants to select buildings that employ best practices systems and green strategies.

To encourage tenants to select buildings that employ best practices systems and green strategies.

Avoid development of inappropriate sites and reduce the environmental impact from the location of a building on a site.

Encourage tenants to select buildings with best practices systems and employed green strategies.

Avoid development of inappropriate sites and reduce the environmental impact from the location of a building on a site.

Avoid development of inappropriate sites and reduce the environmental impact from the location of a building on a site.

Avoid development of inappropriate sites and reduce the environmental impact from the location of a building on a site.

Avoid development of inappropriate sites and reduce the environmental impact from the location of a building on a site.

To conserve imperiled species and ecological communities.

To preserve water quality, natural hydrology, habitat, and biodiversity through conservation of wetlands and water bodies.

To preserve water quality, natural hydrology, habitat, and biodiversity through conservation of wetlands and water bodies.

To preserve irreplaceable agricultural resources by protecting prime and unique soils on farmland and forestland from development.

To avoid the development of environmentally sensitive lands and reduce the environmental impact from the location of a building on a site.

To encourage development within existing cities, suburbs, and towns to reduce adverse environmental and public health effects associated with sprawl. To reduce development pressure beyond the limits of existing development. To conserve natural and financial resources required for construction and maintenance of infrastructure.

To avoid the development of environmentally sensitive lands and reduce the environmental impact from the location of a building on a site.

Requirements

For all projects

Either (a) locate the project on a site served by existing water and wastewater infrastructure or (b) locate the project within a legally adopted, publicly owned, planned water and wastewater service area, and provide new water and wastewater infrastructure for the project.

AND

Option 1. Infill sites

Locate the project on an infill site.

OR

 

Option 2. Adjacent sites with connectivity

Locate the project on an adjacent site (i.e., a site that is adjacent to previously developed land; see Definitions) where the connectivity of the site and adjacent land is at least 90 intersections/square mile as measured within a 1/2-mile distance of a continuous segment of the project boundary, equal to or greater than 25% of the project boundary, that is adjacent to previous development. Existing external and internal intersections may be counted if they were not constructed or funded by the project developer within the past ten years. Locate and/or design the project such that a through-street and/or nonmotorized right-of-way intersects the project boundary at least every 600 feet on average, and at least every 800 feet, connecting it with an existing street and/or right of way outside the project; nonmotorized rights-of-way may count for no more than 20% of the total. The exemptions listed in NPD Prerequisite 3, Connected and Open Community, do not apply to this option.
 

Figure 1. Adjacent and connected project site based on minimum 25% of perimeter adjacent to previously developed parcels and at least 90 eligible intersections per square mile within 1/2 mile of boundary segment adjacent to previous development

 
Figure 2. Project site with through-street right-of-way intersecting project boundary at least every 600 feet on average

Option 3. Transit corridor or route with adequate transit service

Locate the project on a site with existing and/or planned transit service such that at least 50% of dwelling units and nonresidential building entrances (inclusive of existing buildings) are within a 1/4 mile walk distance of bus and/or streetcar stops, or within a 1/2 mile walk distance of bus rapid transit stops, light or heavy rail stations, and/or ferry terminals, and the transit service at those stops in aggregate meets the minimums listed in Table 1 (both weekday and weekend trip minimums must be met).

Weekend trips must include service on both Saturday and Sunday. Commuter rail must serve more than one metropolitan statistical area (MSA) and/or the area surrounding the core of an MSA.

Table 1. Minimum daily transit service

Weekday trips Weekend trips
Projects with multiple transit types (bus, streetcar, rail, or ferry) 60 40
Projects with commuter rail or ferry service only 24 6

If transit service is planned but not yet operational, the project must demonstrate one of the following:

  1. The relevant transit agency has a signed full funding grant agreement with the Federal Transit Administration that includes a revenue operations date for the start of transit service. The revenue operations date must be no later than the occupancy date of 50% of the project’s total building square footage.
  2. For bus, streetcar, bus rapid transit, or ferry service, the transit agency must certify that it has an approved budget that includes specifically allocated funds sufficient to provide the planned service at the levels listed above and that service at these levels will commence no later than occupancy of 50% of the project’s total building square footage.
  3. For rail service other than streetcars, the transit agency must certify that preliminary engineering for a rail line has commenced. In addition, the service must meet either of these two requirements:
    • A state legislature or local subdivision of the state has authorized the transit agency to expend funds to establish rail transit service that will commence no later than occupancy of 50% of the project’s total building square footage.
    • OR

    • A municipality has dedicated funding or reimbursement commitments from future tax revenue for the development of stations, platforms, or other rail transit infrastructure that will service the project no later than occupancy of 50% of the project’s total building square footage.

Figure 3. Walking routes on pedestrian network showing distances from dwellings and Nonresidential uses to transit stops

Option 4. Sites with nearby neighborhood assets

Include a residential component equaling at least 30% of the project’s total building square footage (exclusive of portions of parking structures devoted exclusively to parking), and locate the project near existing neighborhood shops, services, and facilities (“diverse uses”; see Appendix) such that the project boundary is within 1/4-mile walk distance of at least five diverse uses, or such that the project’s geographic center is within 1/2-mile walk distance of at least seven diverse uses. In either case the qualifying uses must include at least one food retail establishment and at least one use from each of two other categories, with the following limitations:

  1. A single establishment may not be counted in two categories (e.g., a place of worship may be counted only once even if it also contains a daycare facility, and a retail store may be counted only once even if it sells products in several categories).
  2. Establishments in a mixed-use building may each count if they are distinctly operated enterprises with separate exterior entrances, but no more than half of the minimum number of diverse uses can be situated in a single building or under a common roof.
  3. Only two establishments in a single category may be counted (e.g., if five restaurants are within the required distance, only two may be counted).

Figure 4.Walking routes on pedestrian network showing distances from dwellings and Nonresidential uses to transit stops

For all projects

Consult with the state Natural Heritage Program and state fish and wildlife agencies to determine whether species listed as threatened or endangered under the federal Endangered Species Act, the state’s endangered species act, or species or ecological communities classified by NatureServe as GH (possibly extinct), G1 (critically imperiled), or G2 (imperiled) have been or are likely to be found on the project site because of the presence of suitable habitat and nearby occurrences. If the consultations are inconclusive and site conditions indicate that imperiled species or ecological communities could be present, using a qualified biologist, perform biological surveys using accepted methodologies during appropriate seasons to determine whether such species or communities occur or are likely to occur on the site.

Option 1. Sites without affected species or ecological community

The prerequisite is satisfied if the consultation and any necessary biological surveys determine that no such imperiled species or ecological communities have been found or have a high likelihood of occurring.

OR

OPTION 2. Sites with affected species or ecological community: Habitat conservation plan

Comply with an approved habitat conservation plan under the Endangered Species Act for each identified species or ecological community.

OPTION 3. Sites with affected species or ecological community: Habitat conservation plan equivalent

Work with a qualified biologist, a nongovernmental conservation organization, or the appropriate state, regional, or local agency to create and implement a conservation plan that includes the following actions:

  1. Identify and map the extent of the habitat and the appropriate buffer, not less than 100 feet, according to best available scientific information.
  2. To the maximum extent practicable, protect the identified habitat and buffer in perpetuity by donating or selling the land or a conservation easement on the land to an accredited land trust or relevant public agency.
  3. If on-site protection can be accomplished, analyze threats from development and develop a monitoring and management plan that eliminates or significantly reduces the threats.
  4. If any portion of the identified habitat and buffer cannot be protected in perpetuity, quantify the effects by acres or number of plants and/or animals affected, and protect from development in perpetuity habitat of similar or better quality, on-site or off-site, by donating or selling a conservation easement on it to an accredited land trust or relevant public agency. The donation or easement must cover an amount of land equal to or larger than the area that cannot be protected.

Limit development effects on wetlands, water bodies, and surrounding buffer land according to the requirements below.

Option 1. Sites with no wetlands, water bodies, land within 50 feet of wetlands, or land within 100 feet of water bodies

Locate the project on a site that includes no wetlands, no water bodies, no land within 50 feet of wetlands, and no land within 100 feet of water bodies.

OR

Option 2. Sites with wetlands, water bodies, land within 50 feet of wetlands, or land within 100 feet of water bodies
  1. Locate the project such that preproject wetlands, water bodies, land within 50 feet of wetlands, and land within 100 feet of water bodies is not affected by new development, unless the development is minor improvements or is on previously developed land.
  2. OR

  3. Earn at least 1 point under GIB Credit 8, Stormwater Management, and limit any impacts beyond minor improvements to less than the percentage of buffer land listed in Table 1.
  4. Residential density (DU/acre)* Nonresidential density (FAR)* Percentage of buffer land** where impacts beyond minor improvements are allowed
    > 25 > 1.75 ≤ 20%
    > 18 and ≤ 25 > 1.25 to ≤ 1.75 ≤ 15%
    > 10 and ≤ 18 > .75 to ≤ 1.25 ≤ 10%
    ≤ 10 ≤ .75 ≤ 5%
    DU = dwelling unit; FAR = floor-area ratio.
    * For this option, a mixed-use project may use either its residential or its nonresidential density to determine the percentage of allowable impacts, regardless of which is higher.
    ** For this option, buffer width may vary as long as the total buffer area is equal to the area within 50 feet of wetlands and/or within 100 feet of water bodies, minus excluded features (see below). The minimum buffer width, however, is 25 feet for wetlands and 50 feet for water bodies, measured from the edge. In the minimum buffer, only minor improvements and/or improvements that result in no ecological impairment of the wetland or water body, as determined by a qualified biologist, are allowed.

AND

For all projects

Comply with all local, state, and federal regulations pertaining to wetland and water body conservation.

The following features are not considered wetlands, water bodies, or buffer land that must be protected for the purposes of this prerequisite:

  1. Previously developed land.
  2. Man-made water bodies (such as industrial mining pits, concrete-lined canals, or stormwater retention ponds) that lack natural edges and floors or native ecological communities in the water and along the edge.
  3. Man-made linear wetlands that result from the interruption of natural drainages by existing rights-of-way.
  4. Wetlands that were man-made incidentally and have been rated “poor” for all measured wetland functions. Wetland quality assessment must be performed by a qualified biologist using a method that is accepted by state or regional permitting agencies.

Minor improvements within the buffer may be undertaken to enhance appreciation for the wetland or water body, provided such facilities are open to public access. Only the following improvements are permitted:

  1. Bicycle and pedestrian pathways no more than 12 feet wide, of which no more than 8 feet may be impervious.
  2. Activities to maintain or restore native natural communities and/or natural hydrology.
  3. One single-story structure not exceeding 500 square feet per 300 linear feet of buffer, on average.
  4. Grade changes necessary to ensure public access.
  5. Clearings, limited to one per 300 linear feet of buffer on average, not exceeding 500 square feet each, for tables, benches, and access for nonmotorized recreational watercraft. Off-street parking is not considered a minor improvement.
  6. Removal of hazardous trees; up to 75% of dead trees; trees less than 6 inches diameter at breast height; trees under 40% condition rating; and up to 20% of trees more than 6 inches diameter at breast height with a condition rating of 40% or higher. The condition rating must be based on an assessment by an arborist certified by the International Society of Arboriculture (ISA) using ISA standard measures.
  7. Brownfield remediation activities.

Direct impacts to wetlands and water bodies are prohibited, except for minimal-impact structures, such as an elevated boardwalk, that allow access to the water for educational and recreational purposes. Structures that protrude into wetlands or water bodies may be replaced, provided the replacement structure has the same or smaller footprint and a similar height.

For all projects

Locate the project on a site that is not within a state or locally designated agricultural preservation district, unless any changes made to the site conform to the requirements for development within the district (as used in this requirement, district does not equate to land-use zoning).

AND

Option 1. Protected soils not impacted

Locate the project development footprint such that it does not disturb prime soils, unique soils, or soils of state significance as identified in a state Natural Resources Conservation Service soil survey.

OR

Option 2. Infill sites

Locate the project on an infill site.

Option 3. Sites served by transit

Comply with SLL Prerequisite 1, Option 3, Transit Corridor or Route with Adequate Transit Service.

Option 4. Development rights receiving area

Locate the project within a designated receiving area for development rights under a publicly administered farmland protection program that provides for the transfer of development rights from lands designated for conservation to lands designated for development.

Option 5. Sites with impacted soils

If development footprint affects land with prime soils, unique soils, or soils of state significance, as identified in a state Natural Resources Conservation Service soil survey, mitigate the loss through the purchase of easements providing permanent protection from development on land with comparable soils in accordance with the ratios based on densities per acre of buildable land as listed in Tables 1 and 2.

Residential density (DU per acre of buildable land available for residential use) Nonresidential density (FAR of buildable land available for nonresidential use) Mitigation ratio (acres of easement : acres of project on prime, unique, or significant soil)
> 7 and ≤ 8.5 > 0.50 and ≤ 0.67 2 to 1
> 8.5 and ≤ 10 > 0.67 and ≤ 0.75 1.5 to 1
> 10 and ≤ 11.5 > 0.75 and ≤ 0.87 1 to 1
> 11.5 and ≤ 13 > 0.87 and ≤ 1.0 .5 to 1
> 13 > 1.0 No mitigation

Residential density (DU/acre of buildable land available for residential use) Nonresidential density (FAR of buildable land available for nonresidential use) Mitigation ratio (acres of easement : acres of project on prime, unique, or significant soil)
> 7 and ≤ 8 > 0.50 and ≤ 0.58 2 to 1
> 8 and ≤ 9 > 0.58 and ≤ 0.67 1 to 1
> 9 and ≤ 10 > 0.67 and ≤ 0.75 0.5 to 1
> 10 > 0.75 No mitigation
DU = dwelling unit; FAR = floor-area ratio.

All off-site mitigation must be located within 100 miles of the project.

Up to 15% of the impacted soils area may be exempted from the density requirements if it is permanently dedicated for community gardens, and may also count toward the mitigation requirement for the remainder of the site. Portions of parking structures devoted exclusively to parking must be excluded from the numerator when calculating the floor-area ratio (FAR).

The mitigation ratio for a mixed-use project is calculated as follows:

  1. Determine the total square footage of all residential and nonresidential uses.
  2. Calculate the percentage residential and percentage nonresidential of the total square footage.
  3. Determine the density of the residential and nonresidential components as measured in dwelling units per acre and FAR, respectively.
  4. Referring to Tables 1 and 2, find the appropriate mitigation ratios for the residential and nonresidential components.
  5. If the mitigation ratios are different, multiply the mitigation ratio of the residential component by its percentage of the total square footage, and multiply the mitigation ratio of the nonresidential component by its percentage.
  6. Add the two numbers produced by Step 5. The result is the mitigation ratio.

To protect life and property, promote open space and habitat conservation, and enhance water quality and natural hydrological systems.

Option 1. Sites without floodplains

Locate on a site that does not contain any land within a 100-year high- or moderate-risk floodplain as defined and mapped by the Federal Emergency Management Agency (FEMA) or a state or local floodplain management agency, whichever is more recent.

OR

Option 2. Infill or previously developed sites with floodplains

Locate the project on an infill site or a previously developed site or in a nonconveyance area of river or coastal floodplain without storm surge potential where compensatory storage is used in accordance with a FEMA-approved mitigation plan. Comply with the National Flood Insurance Program (NFIP) requirements for developing any portions of the site that lie within a 100-year high-or moderate-risk floodplain, as defined in Option 1. If the project includes construction of any critical facility, such as a hospital, water and sewage treatment facility, emergency center, or fire or police station, the critical facility must be designed and built so as to be protected and operable during a 500-year event, as defined by FEMA.

Option 3. All other sites with floodplains

If any part of the site is located within a 100-year high- or moderate-risk floodplain, as defined above, develop only on portions of the site that are not in the floodplain, or that have been previously developed, or that are in a nonconveyance area of river or coastal floodplain without storm surge potential where compensatory storage is used in accordance with a FEMA-approved mitigation plan. Previously developed portions in the floodplain must be developed according to NFIP requirements. If development includes construction of any critical facility, as described above, the critical facility must be designed and built so as to be protected and operable during a 500-year event, as defined by FEMA.

Achieve any combination of requirements in the following three options:

Option 1. Location type

Locate the project in one of the following locations:

  1. A previously developed site that is not an adjacent site or infill site (1 point).
  2. An adjacent site that is also a previously developed site (2 points).
  3. An infill site that is not a previously developed site (3 points).
  4. An infill site that is also a previously developed site (5 points).

AND/OR

Option 2. Connectivity

Locate the project in an area that has existing connectivity within 1/2 mile of the project boundary, as listed to Table 1.

Intersections per square mile Points
≥ 200 and < 250 1
≥ 250 and < 300 2
≥ 300 and < 350 3
≥ 350 and < 400 4
≥ 400 5

Intersections within the site may be counted if the intersections were not constructed or funded by the developer within the past ten years.

Option 3. Designated high-priority locations

Achieve the following (3 points):

  • Earn at least 2 points under NPD Credit 4, Mixed-Income Diverse Communities, Option 2, Affordable Housing.
  • In addition, locate the project in one of the following high-priority redevelopment areas: EPA National Priorities List, Federal Empowerment Zone, Federal Enterprise Community, Federal Renewal Community, Department of Justice Weed and Seed Strategy Community, Department of the Treasury Community Development Financial Institutions Fund Qualified Low-Income Community (a subset of the New Markets Tax Credit Program), or the U.S. Department of Housing and Urban Development’s Qualified Census Tract (QCT) or Difficult Development Area (DDA).
Option 1. Location type (1-5 points)

Locate the project in one of the following locations:

Option 2. Connectivity

Locate the project in an area that has existing connectivity, as listed in Table 1. Measure connectivity one of two ways:

  • within 1/2 mile (800 meters) of the project boundary; or
  • within the project and within ½ mile (800 meters) of the project boundary.
  • Intersections within the site may be counted if the intersections were not constructed or funded by the developer within the past ten years.

    Intersections per square mile Points
    ≥ 200 and < 250 1
    ≥ 250 and < 300 2
    ≥ 300 and < 350 3
    ≥ 350 and < 400 4
    ≥ 400 5

    Do not develop buildings, hardscape, roads or parking areas on portions of sites that meet any of the following criteria:

    • Prime farmland as defined by the U.S. Department of Agriculture in the United States Code of Federal Regulations, Title 7, Volume 6, Parts 400 to 699, Section 657.5 (citation 7CFR657.5). Projects outside the U.S. may use a local equivalent.
    • Previously undeveloped land whose elevation is lower than 5 feet (1.5 meters) above the elevation of the 100-year flood as defined by the Federal Emergency Management Agency (FEMA), an equivalent local regulatory agency, or a professional hydrologist.
    • Land specifically identified as habitat for any species on federal or state threatened or endangered lists.Projects outside the U.S. may use a local equivalent.
    • Land within 100 feet (30 meters) of any wetlands as defined by the U.S. Code of Federal Regulations 40 CFR, Parts 230-233 and Part 22, or a local equivalent definition outside the U.S., and isolated wetlands or areas of special concern identified by state or local rule, OR within setback distances from wetlands prescribed in state or local regulations, as defined by local or state rule or law, whichever is more stringent.
    • Previously undeveloped land that is within 50 feet (15 meters) of a water body, defined as seas, lakes, rivers, streams and tributaries that support or could support aquatic life, recreation or industrial use, consistent with the terminology of the Clean Water Act.
    • Land that prior to acquisition for the project was public parkland, unless land of equal or greater value as parkland is accepted in trade by the public landowner (park authority projects and projects which are operated by and support the function of the park are exempt).
    • Option 1

      Select a LEED certified building (5 points).

      OR

      Option 2

      Locate the tenant space in a building that has in place 1 or more of the following characteristics at time of submittal (1 – 5 points). Each of the following options may also be met by satisfying the requirements of the corresponding LEED 2009 for New Construction credit.

      Path 1. Brownfield Redevelopment (1 point)

      A building developed on a site documented as contaminated by an ASTM E1903-97 Phase II Environmental Site Assessment or a local voluntary cleanup program. Projects outside the U.S. may use a local equivalent to ASTM E1903-97 Phase II Environmental Site Assessment.
      OR
      A building on a site classified as a brownfield by a local, state, tribal or national government agency, whichever is most stringent.

      Effective remediation of site contamination must have been completed.

      Path 2. Stormwater design - quantity control (1 point)

      A building that prior to its development had less than or equal to 50% imperviousness and has implemented a stormwater management plan that is equal to or is less than the predevelopment 1-1/2 year 24-hour rate and quantity discharge.

      OR

      A building that prior to its development had more than 50% imperviousness and has implemented a stormwater management plan that reduced predevelopment 1-1/2 year 24-hour rate and quantity discharge by 25% of the annual on-site stormwater load. This mitigation can be achieved through a variety of measures such as perviousness of site, stormwater retention ponds, and harvesting of rainwater for reuse.

      Stormwater values are based on actual local rainfall unless the actual exceeds the 10-year annual average local rainfall, in which case the 10-year annual average should be used.

      Path 3. Stormwater design - quality control (1 point)

      A building that has in place site stormwater treatment systems designed to remove at least 80% of the average annual site area’s total suspended solids (TSS) and 40% of the average annual site area’s total phosphorus (TP).

      These values are based on the average annual loadings from all storms less than or equal to the 2-year, 24-hour storm. The building must implement and maintain best management practices (BMPs) outlined in Chapter 4, Part 2, Urban Runoff, of the EPA Guidance Specifying Management Measures for Sources of Nonpoint Pollution in Coastal Waters, January 1993 (EPA 840-B-92-002) or the local government’s BMP document, whichever is more stringent.

      Path 4. Heat island effect - nonroof (1 point)

      A building that provides shade (or will provide shade within 5 years of landscape installation), and/or uses light-colored or high-albedo materials with a solar reflectance index (SRI)1 of at least 29, and/or has open-grid pavement areas that individually or in total equal at least 30% of the site’s nonroof impervious surfaces, such as parking areas, walkways, plazas, and fire lanes.
      OR
      A building that has placed a minimum of 50% of parking spaces underground or covered by structured parking.
      OR
      A building that has an open-grid pavement system (less than 50% impervious) for 50% of the parking lot area.

      Path 5. Heat island effect - roof (1 point)

      A building whose roofing has a solar reflectance index (SRI) of the following minimum values for at least 75% of the roof surface:

      Roof Type Slope SRI
      Low-sloped roof ≤ 2:12 78
      Steep-sloped roof > 2:12 29

      OR
      A building that has installed a vegetated roof for at least 50% of the roof area.
      OR
      A building that has both high-SRI roofs and vegetated roofs that satisfy the following area requirement:

      Total Roof Area [ ( Area of SRI Roof x 1.33 ) + ( Area of Vegetated Roof x 2 ) ]

      Path 6. Light pollution reduction (1 point)

      A building whose nonemergency interior luminaires with a direct line of sight to any openings in the envelope (translucent or transparent) must have their input power reduced (by automatic device) by at least 50% between 11 p.m. and 5 a.m. After-hours override may be provided by a manual or occupant-sensing device provided the override lasts no more than 30 minutes.
      OR
      A building whose openings in the envelope (translucent or transparent) with a direct line of sight to any nonemergency luminaires must have shielding (with transmittance of less than 10%) that is controlled or closed by automatic device between 11 p.m. and 5 a.m.

      Path 7. Water-efficient landscaping - reduce by 50% (2 points)

      A building that employs high-efficiency irrigation technology OR uses harvested rainwater or recycled site water to reduce potable water consumption for irrigation by
      at least 50% over conventional means.

      Path 8. Water efficient landscaping - no potable water use or no irrigation (2 points in addition to Path 7)

      A building that uses only harvested rainwater or recycled site water to eliminate all potable water use for site irrigation (except for initial watering to establish plants), OR does not have permanent landscaping irrigation systems.

      Path 9. Innovative Wastewater Technologies (2 points)

      A building that reduces the use of municipally provided potable water for building sewage conveyance by at least 50%, OR treats 100% of wastewater on-site to tertiary standards.

      Path 10. Water use reduction - 30% reduction (1 point)

      A building that meets the 30% reduction in water use requirement for the entire building and has an ongoing plan to require future occupants to comply.

      Path 11. On-site Renewable Energy (1–2 points)

      A building that supplies at least 2.5% (1 point) or 5% (2 points) of the building’s total energy use (expressed as a fraction of annual energy cost) from on-site renewable energy systems.

      Path 12. Other Quantifiable Environmental Performance (1 point)

      A building that has in place at the time of selection other quantifiable environmental benefits.

      Option 1

      Select a LEED certified building (5 points).

      OR

      Option 2

      Locate the tenant space in a building that has in place 1 or more of the following characteristics at time of submittal (1 – 5 points). Each of the following options may also be met by satisfying the requirements of the corresponding LEED 2009 for New Construction credit.

      Path 1. Brownfield Redevelopment (1 point)

      A building developed on a site documented as contaminated by an ASTM E1903-97 Phase II Environmental Site Assessment or a local voluntary cleanup program. Projects outside the U.S. may use a local equivalent to ASTM E1903-97 Phase II Environmental Site Assessment.
      OR
      A building on a site classified as a brownfield by a local, state, tribal or national government agency, whichever is most stringent.

      Effective remediation of site contamination must have been completed.

      Path 2. Stormwater design - quantity control (1 point)

      A building that prior to its development had less than or equal to 50% imperviousness and has implemented a stormwater management plan that is equal to or is less than the predevelopment 1-1/2 year 24-hour rate and quantity discharge.

      OR

      A building that prior to its development had more than 50% imperviousness and has implemented a stormwater management plan that reduced predevelopment 1-1/2 year 24-hour rate and quantity discharge by 25% of the annual on-site stormwater load. This mitigation can be achieved through a variety of measures such as perviousness of site, stormwater retention ponds, and harvesting of rainwater for reuse.

      Stormwater values are based on actual local rainfall unless the actual exceeds the 10-year annual average local rainfall, in which case the 10-year annual average should be used.

      Path 3. Stormwater design - quality control (1 point)

      A building that has in place site stormwater treatment systems designed to remove at least 80% of the average annual site area’s total suspended solids (TSS) and 40% of the average annual site area’s total phosphorus (TP).

      These values are based on the average annual loadings from all storms less than or equal to the 2-year, 24-hour storm. The building must implement and maintain best management practices (BMPs) outlined in Chapter 4, Part 2, Urban Runoff, of the EPA Guidance Specifying Management Measures for Sources of Nonpoint Pollution in Coastal Waters, January 1993 (EPA 840-B-92-002) or the local government’s BMP document, whichever is more stringent.

      Path 5. Heat island effect - roof (1 point)

      A building whose roofing has a solar reflectance index (SRI) of the following minimum values for at least 75% of the roof surface:

      Roof Type Slope SRI
      Low-sloped roof ≤ 2:12 78
      Steep-sloped roof > 2:12 29

      OR
      A building that has installed a vegetated roof for at least 50% of the roof area.
      OR
      A building that has both high-SRI roofs and vegetated roofs that satisfy the following area requirement:

      Total Roof Area [ ( Area of SRI Roof x 1.33 ) + ( Area of Vegetated Roof x 2 ) ]

      Path 6. Light pollution reduction (1 point)

      A building whose nonemergency interior luminaires with a direct line of sight to any openings in the envelope (translucent or transparent) must have their input power reduced (by automatic device) by at least 50% during nonbusiness hours. After-hours override may be provided by a manual or occupant-sensing device, provided the override lasts no more than 60 minutes.
      OR
      A building whose openings in the envelope (translucent or transparent) with a direct line of sight to any nonemergency luminaires must have shielding (with transmittance of less than 10%) that is controlled or closed by automatic device during nonbusiness hours.

      Path 7. Water-efficient landscaping - reduce by 50% (2 points)

      A building that employs high-efficiency irrigation technology OR uses harvested rainwater or recycled site water to reduce potable water consumption for irrigation by
      at least 50% over conventional means.

      Path 8. Water efficient landscaping - no potable water use or no irrigation (2 points in addition to Path 7)

      A building that uses only harvested rainwater or recycled site water to eliminate all potable water use for site irrigation (except for initial watering to establish plants), OR does not have permanent landscaping irrigation systems.

      Path 9. Innovative Wastewater Technologies (2 points)

      A building that reduces the use of municipally provided potable water for building sewage conveyance by at least 50%, OR treats 100% of wastewater on-site to tertiary standards.

      Path 10. Water use reduction - 30% reduction (1 point)

      A building that meets the 30% reduction in water use requirement for the entire building and has an ongoing plan to require future occupants to comply.

      Path 11. On-site Renewable Energy (1–2 points)

      A building that supplies at least 2.5% (1 point) or 5% (2 points) of the building’s total energy use (expressed as a fraction of annual energy cost) from on-site renewable energy systems.

      Path 12. Other Quantifiable Environmental Performance (1 point)

      A building that has in place at the time of selection other quantifiable environmental benefits.

      1 Heat islands are defined as thermal gradient differences between developed and underdeveloped areas.
      2 The solar reflectance index (SRI) is a measure of the constructed surface's ability to reflect solar heat, as shown by a small temperature rise. It is defined so that a standardblack surface (reflectance 0.05, emittance 0.90) is 0 and a standard white surface (reflectance 0.80, emittance 0.90) is 100. to calculate the SRI for a given material, obtain the reflectance value and emittance value for the material. SRI is calculated according to ASTM E 1980. Reflectance is measured according to ASTM E 903, ASTM E 1918, or ASTM C 1549. Emittance is measured according to ASTM E408 or ASTM C 1371.
      3 For the purposes of this credit, under cover parking is defined as parking underground, under desk, under roof, or under a building.

      Do not develop buildings, hardscape, roads or parking areas on portions of sites that meet any one of the following criteria:

      • Prime farmland as defined by the United States Department of Agriculture in the United States Code of Federal Regulations, Title 7, Volume 6, Parts 400 to 699, Section 657.5 (citation 7CFR657.5)
      • Previously undeveloped land whose elevation is lower than 5 feet above the elevation of the 100-year flood as defined by FEMA (Federal Emergency Management Agency)
      • Land that is specifically identified as habitat for any species on Federal or State threatened or endangered lists
      • Within 100 feet of any wetlands as defined by United States Code of Federal Regulations 40 CFR, Parts 230-233 and Part 22, and isolated wetlands or areas of special concern identified by state or local rule, OR within setback distances from wetlands prescribed in state or local regulations, as defined by local or state rule or law, whichever is more stringent
      • Previously undeveloped land that is within 50 feet of a water body, defined as seas, lakes, rivers, streams and tributaries which support or could support fish, recreation or industrial use, consistent with the terminology of the Clean Water Act
      • Land which prior to acquisition for the project was public parkland, unless land of equal or greater value as parkland is accepted in trade by the public landowner (Park Authority projects are exempt)
      • Select a LEED Certified Building
      • OR

      • Locate the tenant space in a building that has in place two or more of the following characteristics at time of submittal:
        Option A. Brownfield Redevelopment: (½ point)

        A building developed on a site that has been documented (by means of an ASTM E1903-97 Phase II Environmental Site Assessment)
        OR
        A building on a site that has been classified as a brownfield by a local, state or federal government agency. Effective remediation of site contamination must have been completed.

        Option B. Stormwater Management: Rate and Quantity: (½ point)

        A building that prior to its development had:

        Less than or equal to 50% imperviousness and has implemented a stormwater management plan that equals or is less than the pre-developed 1.5 year, 24 hour rate and quantity discharge.
        OR
        If greater than 50% imperviousness, has implemented a stormwater management plan that reduced pre-developed 1.5 year, 24 hour rate and quantity discharge by 25% of the annual stormwater load falling on the site. (This is based on actual local rainfall unless the actual exceeds the 10-year annual average local rainfall—then use the 10-year annual average.) This mitigation can be through a variety of measures including perviousness of site, stormwater retention ponds, capture of rainwater for reuse or other measures.

        Option C. Stormwater Management: Treatment: (½ point)

        A building that has in place site stormwater treatment systems designed to remove 80% of the average annual site area total suspended solids (TSS) and 40% of the average annual site area total phosphorous (TP).

        These values are based on the average annual loadings from all storms less than or equal to the 2-year/24-hour storm. The building must implement and maintain Best Management Practices (BMPs) outlined in Chapter 4, Part 2 (Urban Runoff), of the United States Environmental Protection Agency’s Guidance Specifying Management Measures for Sources of Nonpoint Pollution in Coastal Waters, January 1993 (Document No. EPA 840B92002) or the local government’s BMP document, whichever is more stringent.

        Option D. Heat Island Reduction, Non-Roof: (½ point)

        A building that provides shade (or will have within 5 years of landscape installation) and/or uses light-colored/high-albedo materials with a Solar Reflectance Index (SRI) of at least 30, and/or open grid pavement, that individually or in total equals at least 30% of the site’s non-roof impervious surfaces, which include parking areas, walkways, plazas, fire lanes, etc.,
        OR
        Has placed a minimum of 50% of parking spaces underground or covered by structured parking,
        OR
        Used an open-grid pavement system (less than 50% impervious) for 50% of the parking lot area.

        Option E. Heat Island Reduction, Roof: (½ point)

        A building with roofing having a Solar Reflectance Index (SRI) greater than or equal to the value in Table 1 for a minimum of 75% of the roof surface;
        [INSERT TABLE HERE]
        OR
        A building that has installed a “green” (vegetated) roof for at least 50% of the roof area.
        OR
        A building having in combination high SRI roofs and vegetated roofs that satisfy the following area requirement:
        Total Roof Area ≤ [(Area of SRI Roof x 1.33) + (Area of vegetated roof x 2)]

        Option F. Light Pollution Reduction: (½ point)

        A building that meets or provides lower light levels and uniformity ratios than those recommended by the Illuminating Engineering Society of North America (IESNA) Recommended Practice Manual: Lighting for Exterior Environments (RP-33-99). The building must have designed the exterior lighting such that all exterior luminaires with more than 1,000 initial lamp lumens are shielded and all luminaires with more than 3,500 initial lamp lumens meet the Full Cutoff IESNA Classification. The maximum candela value of all interior lighting shall fall within the property. Any luminaire within a distance of 2.5 times its mounting height from the property boundary shall have shielding such that no light from that luminaire crosses the property boundary.

        Option G. Water Efficient Irrigation: Reduced Potable Water Consumption: (½ point)

        A building that employs high-efficiency irrigation technology, OR uses captured rain or recycled site water to reduce potable water consumption for irrigation by 50% over conventional means.

        Option H. Water Efficient Irrigation: No Potable Use or No Irrigation: (½ point in addition to prior requirement)

        A building that uses only captured rain or recycled site water to eliminate all potable water use for site irrigation (except for initial watering to establish plants), OR does not have permanent landscaping irrigation systems.

        Option I. Innovative Wastewater Technologies: (½ point)

        A building that reduces the use of municipally provided potable water for building sewage conveyance by a minimum of 50%, OR treats 100% of wastewater on-site to tertiary standards.

        Option J. Water Use Reduction: 20% Reduction: (½ point)

        A building that meets the 20% reduction in water use requirement for the entire building and has an ongoing plan to require future occupants to comply.

        Option K. Onsite Renewable Energy: (up to 1 point)

        A building that supplies at least 5% of the building’s total energy use (expressed as a fraction of annual energy cost) through the use of on-site renewable energy systems.
        [INSERT TABLE HERE]

        Option L. Other Quantifiable Environmental Performance: (½ point)

        A building that had in place at time of selection other quantifiable environmental performance, for which the requirements may be found in other LEED rating systems.

      Do not develop buildings, hardscape, roads or parking areas on portions of sites that meet any one of the following criteria:

      • Prime farmland as defined by the United States Department of Agriculture in the United States Code of Federal Regulations, Title 7, Volume 6, Parts 400 to 699, Section 657.5 (citation 7CFR657.5)
      • Previously undeveloped land whose elevation is lower than 5 feet above the elevation of the 100-year flood as defined by FEMA (Federal Emergency Management Agency)
      • Land that is specifically identified as habitat for any species on Federal or State threatened or endangered lists
      • Within 100 feet of any wetlands as defined by United States Code of Federal Regulations 40 CFR, Parts 230-233 and Part 22, and isolated wetlands or areas of special concern identified by state or local rule, OR within setback distances from wetlands prescribed in state or local regulations, as defined by local or state rule or law, whichever is more stringent
      • Previously undeveloped land that is within 50 feet of a water body, defined as seas, lakes, rivers, streams and tributaries which support or could support fish, recreation or industrial use, consistent with the terminology of the Clean Water Act
      • Land which prior to acquisition for the project was public parkland, unless land of equal or greater value as parkland is accepted in trade by the public landowner (Park Authority projects are exempt)

      Do not develop buildings, hardscape, roads or parking areas on portions of sites that meet any one of the following criteria:

      • Prime farmland as defined by the United States Department of Agriculture in the United States Code of Federal Regulations, Title 7, Volume 6, Parts 400 to 699, Section 657.5 (citation 7CFR657.5)
      • Previously undeveloped land whose elevation is lower than 5 feet above the elevation of the 100-year flood as defined by FEMA (Federal Emergency Management Agency)
      • Land that is specifically identified as habitat for any species on Federal or State threatened or endangered lists
      • Within 100 feet of any wetlands as defined by United States Code of Federal Regulations 40 CFR, Parts 230-233 and Part 22, and isolated wetlands or areas of special concern identified by state or local rule, OR within setback distances from wetlands prescribed in state or local regulations, as defined by local or state rule or law, whichever is more stringent
      • Previously undeveloped land that is within 50 feet of a water body, defined as seas, lakes, rivers, streams and tributaries which support or could support fish, recreation or industrial use, consistent with the terminology of the Clean Water Act
      • Land which prior to acquisition for the project was public parkland, unless land of equal or greater value as parkland is accepted in trade by the public landowner (Park Authority projects are exempt)

      Do not develop buildings, roads or parking areas on portions of sites that meet any one of the following criteria:

      • Prime farmland as defined by the United States Department of Agriculture in the United States Code of Federal Regulations, Title 7, Volume 6, Parts 400 to 699, Section 657.5 (citation 7CFR657.5).
      • Land whose elevation is lower than 5 feet above the elevation of the 100-year flood as defined by FEMA.
      • Land which is specifically identified as habitat for any species on Federal or State threatened or endangered lists.
      • Within 100 feet of any water including wetlands as defined by United States Code of Federal Regulations 40 CFR, Parts 230-233 and Part 22, and isolated wetlands or areas of special concern identified by state or local rule, OR greater than distances given in state or local regulations as defined by local or state rule or law, whichever is more stringent.
      • Land which prior to acquisition for the project was public parkland, unless land of equal or greater value as parkland is accepted in trade by the public landowner (Park Authority projects are exempt).

      Do not develop buildings on portions of sites that meet any one of the following criteria:

      • Prime farmland as defined by the American Farmland Trust
      • Land whose elevation is lower than 5 feet above the elevation of the 100-year flood as defined by FEMA
      • Land which provides habitat for any species on the Federal or State threatened or endangered list
      • Within 100 feet of any wetland as defined by 40 CFR, Parts 230-233 and Part 22, OR as defined by local or state rule or law, whichever is more stringent
      • Land which prior to acquisition for the project was public parkland, unless land of equal or greater value as parkland is accepted in trade by the public landowner (Park Authority projects are exempt).
      Option 1. Infill sites

      Locate the project on an infill site.

      Consult with the state Natural Heritage Program and state fish and wildlife agencies (or local equivalent agency outside the United States) to determine whether species listed as threatened or endangered under the U.S. Endangered Species Act, the state’s endangered species act, or species or ecological communities classified by NatureServe as GH (possibly extinct), G1 (critically imperiled), or G2 (imperiled) have been or are likely to be found on the project site because of the presence of suitable habitat and nearby occurrences. (Local equivalent standards for threatened and endangered species may be used in countries outside the United States not covered by NatureServe data.) If the consultations are inconclusive and site conditions indicate that imperiled species or ecological communities could be present, perform biological surveys using accepted methodologies during appropriate seasons to determine whether such species or communities occur or are likely to occur on the site. Comply with the appropriate case or option below.

      Option 3. Development rights receiving area

      Locate the project within a designated receiving area for development rights under a publicly administered farmland protection program that provides for the transfer of development rights from lands designated for conservation to lands designated for development.

      Locate the project on a site that is not within a state or locally designated agricultural preservation district (or local equivalent for projects outside the U.S.), unless any changes made to the site conform to the requirements for development within the district (as used in this requirement, “district” does not equate to land-use zoning).

      Meet the requirements of one of the following five options.

      Option 4. Sites without affected soils

      Locate the project’s development footprint such that it does not disturb prime farmland, unique farmland, or farmland of statewide or local importance as defined by the U.S. Code of Federal Regulations, Title 7, Volume 6, Parts 400 to 699, Section 657.5 and identified in a state Natural Resources Conservation Service soil survey (or local equivalent for projects outside the U.S.).

      Option 2. Sites Served by Transit

      Comply with SLLp1, Option 3, Transit Corridor.

      Option 5. Sites with affected soils

      If development footprint affects land with prime farmland, unique farmland, or farmland of statewide or local importance as as defined by the U.S. Code of Federal Regulations, Title 7, Volume 6, Parts 400 to 699, Section 657.5 and identified in a state Natural Resources Conservation Service soil survey (or local equivalent for projects outside the U.S.), mitigate the loss through the purchase or donation of easements providing permanent protection from development on land with comparable soils in accordance with the ratios based on densities per acre of buildable land listed in Tables 1 and 2.

      Table 1. Mitigation ratios for projects in large metropolitan or micropolitan statistical areas (pop. 250,000 or more)

      Residential density Nonresidential density (FAR of buildable land available for nonresidential use) Mitigation ratio (area of easement : area of project on prime, unique, or significantfarmland)
      DU per acre of buildable land available for residential use DU per hectare of buildable land available for residential use
      > 7 and ≤ 8.5 > 17.5 and ≤ 21 > 0.50 and ≤ 0.67 2 to 1
      > 8.5 and ≤ 10 > 21 and ≤ 25 > 0.67 and ≤ 0.75 1.5 to 1
      > 10 and ≤ 11.5 > 25 and ≤ 28.5 > 0.75 and ≤ 0.87 1 to 1
      > 11.5 and ≤ 13 > 28.5 and ≤ 32 > 0.87 and ≤ 1.0 .5 to 1
      > 13 > 32 > 1.0 No mitigation

      Table 2. Mitigation ratios for projects in small metropolitan or micropolitan statistical areas (pop. less than 250,000)

      Residential density Nonresidential density (FAR of buildable land available for nonresidential use) Mitigation ratio (area of easement : area of project on prime, unique, or significantfarmland)
       DU/acre of buildable land available for residential use DU/hectare of buildable land available for residential use
      > 7 and ≤ 8 > 17.5 and ≤ 20 > 0.50 and ≤ 0.58 2 to 1
      > 8 and ≤ 9 > 20 and ≤ 22 > 0.58 and ≤ 0.67 1 to 1
      > 9 and ≤ 10 > 22 and ≤ 25 > 0.67 and ≤ 0.75 0.5 to 1
      > 10 > 25 > 0.75 No mitigation

      DU = dwelling unit; FAR = floor-area ratio.

      All off-site mitigation must be located within 100 miles (160 kilometers) of the project.

      Up to 15% of the affected farmland area may be subtracted from the mitigation acreage required of the project in Tables 1 and 2 if it is permanently dedicated for community gardens. Portions of parking structures devoted exclusively to parking must be excluded from the numerator when calculating the floor-area ratio (FAR).

      The mitigation ratio for a mixed-use project is calculated as follows:

      1. Determine the total floor area of all residential and nonresidential uses.
      2. Calculate the percentage residential and percentage nonresidential of the total floor area.
      3. Determine the density of the residential and nonresidential components as measured in dwelling units per acre and FAR, respectively.
      4. Referring to Tables 1 and 2, find the appropriate mitigation ratios for the residential and nonresidential components.
      5. If the mitigation ratios are different, multiply the mitigation ratio of the residential component by its percentage of the total floor area, and multiply the mitigation ratio of the nonresidential component by its percentage.
      6. Add the two numbers produced by step 5. The result is the mitigation ratio.
      7. Locate the development footprint only on previously developed portions of the site.

        Either (1) locate the project on a site served by existing water and wastewater infrastructure or (2) locate the project within a legally adopted, publicly owned, planned water and wastewater service area, and provide new water and wastewater infrastructure for the project.

        The site should also meet the requirements of one of the following four options.

        Consult with the state Natural Heritage Program and state fish and wildlife agencies (or local equivalent for projects outside the U.S.) to determine if any of the following have been or are likely to be found on the project site because of the presence of suitable habitat and nearby occurrences:

        • species listed as threatened or endangered under the U.S. Endangered Species Act or the state’s endangered species act, or
        • species or ecological communities classified by NatureServe as GH (possibly extinct), G1 (critically imperiled), or G2 (imperiled), or
        • species listed as threatened or endangered specified under local equivalent standards (in areas outside the U.S.) that are not covered by NatureServe data.

        If the consultations are inconclusive and site conditions indicate that imperiled species or ecological communities could be present, perform biological surveys using accepted methodologies during appropriate seasons to determine whether such species or communities occur or are likely to occur on the site. Comply with the appropriate case or option below.

        Case 1. Sites without Affected Species or Ecological Community

        The prerequisite is satisfied if the consultation and any necessary biological surveys determine that no such imperiled species or ecological communities have been found or have a high likelihood of occurring.

        Case 2. Sites with Affected Species or Ecological Community

        If the site has any affected species or ecological communities, meet either of the following two options.

        Option 1. Habitat Conservation Plan

        Comply with an approved habitat conservation plan under the U.S. Endangered Species Act (or local equivalent for projects outside the U.S.) for each identified species or ecological community.

        Option 2. Habitat Conservation Plan Equivalent
        Work with a qualified biologist or ecologist, a conservation organization, or the appropriate national, state, or local agency to create and implement a conservation plan that includes the following actions:

        • Identify and map the extent of the habitat and the appropriate buffer, not less than 100 feet (30 meters), according to best available scientific information.
        • If on-site protection can be accomplished, analyze threats from development and develop a monitoring and management plan that eliminates or significantly reduces the threats.
        • Protect the identified habitat and buffer in perpetuity by donating or selling the land or a conservation easement on the land to an accredited land trust, conservation organization, or relevant government agency.
        • If any portion of the identified habitat and buffer cannot be protected in perpetuity, quantify the effects by acres (hectares) or number of plants and/or animals affected, and protect from development in perpetuity habitat of similar or better quality, on-site or off-site, by donating or selling a conservation easement on it to an accredited land trust, conservation organization, or relevant government agency. The donation or easement must cover an amount of land equal to or larger than the area that cannot be protected.

        Consult with the state Natural Heritage Program and state fish and wildlife agencies (or local equivalent for projects outside the U.S.) to determine if any of the following have been or are likely to be found on the project site because of the presence of suitable habitat and nearby occurrences:

        • species listed as threatened or endangered under the U.S. Endangered Species Act or the state’s endangered species act, or
        • species or ecological communities classified by NatureServe as GH (possibly extinct), G1 (critically imperiled), or G2 (imperiled), or
        • species listed as threatened or endangered specified under local equivalent standards (in areas outside the U.S.) that are not covered by NatureServe data.

        If the consultations are inconclusive and site conditions indicate that imperiled species or ecological communities could be present, perform biological surveys using accepted methodologies during appropriate seasons to determine whether such species or communities occur or are likely to occur on the site. Comply with the appropriate case or option below.

        Case 1. Sites without Affected Species or Ecological Community

        The prerequisite is satisfied if the consultation and any necessary biological surveys determine that no such imperiled species or ecological communities have been found or have a high likelihood of occurring.

        OR

        Case 2. Sites with Affected Species or Ecological Community

        If the site has any affected species or ecological communities, meet either of the following two options.

        Option 1. Habitat Conservation Plan

        Comply with an approved habitat conservation plan under the U.S. Endangered Species Act (or local equivalent for projects outside the U.S.) for each identified species or ecological community.

        Option 2. Habitat Conservation Plan Equivalent
        Work with a qualified biologist or ecologist, a conservation organization, or the appropriate national, state, or local agency to create and implement a conservation plan that includes the following actions:

        • Identify and map the extent of the habitat and the appropriate buffer, not less than 100 feet (30 meters), according to best available scientific information.
        • If on-site protection can be accomplished, analyze threats from development and develop a monitoring and management plan that eliminates or significantly reduces the threats.
        • Protect the identified habitat and buffer in perpetuity by donating or selling the land or a conservation easement on the land to an accredited land trust, conservation organization, or relevant government agency.
        • If any portion of the identified habitat and buffer cannot be protected in perpetuity, quantify the effects by acres (hectares) or number of plants and/or animals affected, and protect from development in perpetuity habitat of similar or better quality, on-site or off-site, by donating or selling a conservation easement on it to an accredited land trust, conservation organization, or relevant government agency. The donation or easement must cover an amount of land equal to or larger than the area that cannot be protected.

        Limit development effects on wetlands, water bodies, and surrounding buffer land according to the requirements below. In all cases, the project may not contain any land that has been reclaimed within 20 years of submission for LEED-ND certification.

        Case 1. Sites without sensitive areas

        Locate the project on a site that includes no preproject wetlands, water bodies, land within 50 feet (15 meters) of wetlands, and land within 100 feet (30 meters) of water bodies.

        Case 2. Sites with sensitive areas

        If the site has preproject wetlands, water bodies, land within 50 feet (15 meters) of wetlands, or land within 100 feet (30 meters) of water bodies, select one of the following two options:

        Option 1. No development on wetlands and water bodies

        Locate the project such that preproject wetlands, water bodies, land within 50 feet (15 meters) of wetlands, and land within 100 feet (30 meters) of water bodies are not affected by new development, unless the development is minor improvements or is on previously developed land.

        Option 2. Rainwater management and protected buffers

        Earn at least 1 point under GIBc8 Rainwater Management, and limit any development beyond minor improvements to less than the percentage of buffer land listed in Table 1.

        Table 1. Maximum allowable area of development within buffer zone, by project density

        Residential density Nonresidential density (FAR)* Percentage of buffer land** where development beyond minor improvements is allowed
         DU/acre*  DU/hectare*
        > 25 > 62 > 1.75 ≤ 20%
        > 18 and ≤ 25 > 45 and ≤ 62 > 1.25 to ≤ 1.75 ≤ 15%
        > 10 and ≤ 18 > 25 and ≤ 45 > .75 to ≤ 1.25 ≤ 10%
        ≤ 10 ≤ 25 ≤ .75 ≤ 5%

        * For this option, a mixed-use project may use either its residential or its nonresidential density to determine the percentage of allowable development, regardless of which is higher.
        ** Buffer width may vary as long as the total buffer area is equal to the area within 50 feet (15 meters) of wetlands and/or within 100 feet (30 meters) of water bodies, minus excluded features (see list of minor improvements, below). In no case may the buffer width be less than 25 feet (7.5 meters) for wetlands and 50 feet (15 meters) for water bodies, measured from the edge. Inside this minimum buffer, only minor improvements and/or improvements that result in no ecological impairment of the wetland or water body, as determined by a qualified biologist, are allowed.

        For all projects

        Comply with all local, state, and federal regulations pertaining to wetland and water body conservation.

        The following features are not considered wetlands, water bodies, or buffer land that must be protected for the purposes of this prerequisite:

        • previously developed land;
        • man-made water bodies (such as industrial mining pits, concrete-lined canals, or stormwater retention ponds) that lack natural edges and floors or native ecological communities in the water and along the edge;
        • man-made linear wetlands that result from the interruption of natural drainages by existing rights-of-way; and
        • wetlands that were man-made incidentally and have been rated “poor” for all measured wetland functions, as assessed by a qualified biologist using a method that is accepted by state or regional permitting agencies (or a local equivalent for projects outside the U.S.).
        • Minor improvements within the buffer may be undertaken to enhance appreciation for the wetland or water body, provided such facilities are open to public access. Only the following improvements are considered minor:

          • Bicycle and pedestrian pathways no more than 12 feet wide (3.5 meters), of which no more than 8 feet (2.5 meters) may be impervious;
          • Activities to maintain or restore native natural communities and/or natural hydrology;
          • One single-story structure not exceeding 500 square feet (45 square meters) per 300 linear feet (90 linear meters) of buffer, on average;
          • Grade changes necessary to ensure public access;
          • Clearings, limited to one per 300 linear feet (90 linear meters) of buffer on average, not exceeding 500 square feet (45 square meters) each, for tables, benches, and access for nonmotorized recreational watercraft;
          • Removal of the following tree types:
            • Hazardous trees, up to 75% of dead trees
            • Trees less than 6 inches (150 millimeters) diameter at breast height
            • Up to 20% of trees more than 6 inches (150 millimeters) diameter at breast height with a condition rating of 40% or higher.
            • Trees under 40% condition rating
            • The condition rating must be based on an assessment by an arborist certified by the International Society of Arboriculture (ISA) using ISA standard measures or for projects outside the U.S.an equivalent certified professional utilizing equivalent methodology; and
          • brownfield remediation activities.

          Off-street parking is not considered a minor improvement.

          Direct development of wetlands and water bodies is prohibited, except for minimal-impact structures, such as an elevated boardwalk, that allow access to the water for educational and recreational purposes. Structures that protrude into wetlands or water bodies may be replaced, provided the replacement structure has the same or smaller footprint and a similar height.

          Limit development effects on wetlands, water bodies, and surrounding buffer land according to the requirements below.

          Case 1. Sites without sensitive areas

          Locate the project on a site that includes no preproject wetlands, water bodies, land within 50 feet (15 meters) of wetlands, and land within 100 feet (30 meters) of water bodies.

          Case 2. Sites with sensitive areas

          If the site has preproject wetlands, water bodies, land within 50 feet (15 meters) of wetlands, or land within 100 feet (30 meters) of water bodies, select one of the following two options:

          Option 1. No development on wetlands and water bodies

          Locate the project such that preproject wetlands, water bodies, land within 50 feet (15 meters) of wetlands, and land within 100 feet (30 meters) of water bodies are not affected by new development, unless the development is minor improvements or is on previously developed land.

          OR

          Option 2. Rainwater management and protected buffers

          Earn at least 1 point under GIBc8 Rainwater Management, and limit any development beyond minor improvements to less than the percentage of buffer land listed in Table 1.

          Table 1. Maximum allowable area of development within buffer zone, by project density

          Residential density Nonresidential density (FAR)* Percentage of buffer land** where development beyond minor improvements is allowed
           DU/acre*  DU/hectare*
          > 25 > 62 > 1.75 ≤ 20%
          > 18 and ≤ 25 > 45 and ≤ 62 > 1.25 to ≤ 1.75 ≤ 15%
          > 10 and ≤ 18 > 25 and ≤ 45 > .75 to ≤ 1.25 ≤ 10%
          ≤ 10 ≤ 25 ≤ .75 ≤ 5%

          * For this option, a mixed-use project may use either its residential or its nonresidential density to determine the percentage of allowable development, regardless of which is higher.
          ** Buffer width may vary as long as the total buffer area is equal to the area within 50 feet (15 meters) of wetlands and/or within 100 feet (30 meters) of water bodies, minus excluded features (see list of minor improvements, below). In no case may the buffer width be less than 25 feet (7.5 meters) for wetlands and 50 feet (15 meters) for water bodies, measured from the edge. Inside this minimum buffer, only minor improvements and/or improvements that result in no ecological impairment of the wetland or water body, as determined by a qualified biologist, are allowed.

          For all projects

          Comply with all local, state, and federal regulations pertaining to wetland and water body conservation.

          The following features are not considered wetlands, water bodies, or buffer land that must be protected for the purposes of this prerequisite:

          • previously developed land;
          • man-made water bodies (such as industrial mining pits, concrete-lined canals, or stormwater retention ponds) that lack natural edges and floors or native ecological communities in the water and along the edge;
          • man-made linear wetlands that result from the interruption of natural drainages by existing rights-of-way; and
          • wetlands that were man-made incidentally and have been rated “poor” for all measured wetland functions, as assessed by a qualified biologist using a method that is accepted by state or regional permitting agencies (or a local equivalent for projects outside the U.S.).
          • Minor improvements within the buffer may be undertaken to enhance appreciation for the wetland or water body, provided such facilities are open to public access. Only the following improvements are considered minor:

            • Bicycle and pedestrian pathways no more than 12 feet wide (3.5 meters), of which no more than 8 feet (2.5 meters) may be impervious;
            • Activities to maintain or restore native natural communities and/or natural hydrology;
            • One single-story structure not exceeding 500 square feet (45 square meters) per 300 linear feet (90 linear meters) of buffer, on average;
            • Grade changes necessary to ensure public access;
            • Clearings, limited to one per 300 linear feet (90 linear meters) of buffer on average, not exceeding 500 square feet (45 square meters) each, for tables, benches, and access for nonmotorized recreational watercraft;
            • Removal of the following tree types:
              • Hazardous trees, up to 75% of dead trees
              • Trees less than 6 inches (150 millimeters) diameter at breast height
              • Up to 20% of trees more than 6 inches (150 millimeters) diameter at breast height with a condition rating of 40% or higher.
              • Trees under 40% condition rating
              • The condition rating must be based on an assessment by an arborist certified by the International Society of Arboriculture (ISA) using ISA standard measures or for projects outside the U.S.an equivalent certified professional utilizing equivalent methodology; and
            • brownfield remediation activities.

            Off-street parking is not considered a minor improvement.

            Direct development of wetlands and water bodies is prohibited, except for minimal-impact structures, such as an elevated boardwalk, that allow access to the water for educational and recreational purposes. Structures that protrude into wetlands or water bodies may be replaced, provided the replacement structure has the same or smaller footprint and a similar height.

            Locate the project on a site that is not within a state or locally designated agricultural preservation district (or local equivalent for projects outside the U.S.), unless any changes made to the site conform to the requirements for development within the district (as used in this requirement, “district” does not equate to land-use zoning).

            Meet the requirements of one of the following five options.

            Option 1. Infill sites

            Locate the project on an infill site

            OR

            Option 2. Sites Served by Transit

            Comply with SLLp1, Option 3, Transit Corridor.

            Option 3. Development rights receiving area

            Locate the project within a designated receiving area for development rights under a publicly administered farmland protection program that provides for the transfer of development rights from lands designated for conservation to lands designated for development.

            Option 4. Sites without affected soils

            Locate the project’s development footprint such that it does not disturb prime farmland, unique farmland, or farmland of statewide or local importance as defined by the U.S. Code of Federal Regulations, Title 7, Volume 6, Parts 400 to 699, Section 657.5 and identified in a state Natural Resources Conservation Service soil survey (or local equivalent for projects outside the U.S.).

            Option 5. Sites with affected soils

            If development footprint affects land with prime farmland, unique farmland, or farmland of statewide or local importance as as defined by the U.S. Code of Federal Regulations, Title 7, Volume 6, Parts 400 to 699, Section 657.5 and identified in a state Natural Resources Conservation Service soil survey (or local equivalent for projects outside the U.S.), mitigate the loss through the purchase or donation of easements providing permanent protection from development on land with comparable soils in accordance with the ratios based on densities per acre of buildable land listed in Tables 1 and 2.

            Table 1. Mitigation ratios for projects in large metropolitan or micropolitan statistical areas (pop. 250,000 or more)

            Residential density Nonresidential density (FAR of buildable land available for nonresidential use) Mitigation ratio (area of easement : area of project on prime, unique, or significantfarmland)
            DU per acre of buildable land available for residential use DU per hectare of buildable land available for residential use
            > 7 and ≤ 8.5 > 17.5 and ≤ 21 > 0.50 and ≤ 0.67 2 to 1
            > 8.5 and ≤ 10 > 21 and ≤ 25 > 0.67 and ≤ 0.75 1.5 to 1
            > 10 and ≤ 11.5 > 25 and ≤ 28.5 > 0.75 and ≤ 0.87 1 to 1
            > 11.5 and ≤ 13 > 28.5 and ≤ 32 > 0.87 and ≤ 1.0 .5 to 1
            > 13 > 32 > 1.0 No mitigation

            Table 2. Mitigation ratios for projects in small metropolitan or micropolitan statistical areas (pop. less than 250,000)

            Residential density Nonresidential density (FAR of buildable land available for nonresidential use) Mitigation ratio (area of easement : area of project on prime, unique, or significantfarmland)
             DU/acre of buildable land available for residential use DU/hectare of buildable land available for residential use
            > 7 and ≤ 8 > 17.5 and ≤ 20 > 0.50 and ≤ 0.58 2 to 1
            > 8 and ≤ 9 > 20 and ≤ 22 > 0.58 and ≤ 0.67 1 to 1
            > 9 and ≤ 10 > 22 and ≤ 25 > 0.67 and ≤ 0.75 0.5 to 1
            > 10 > 25 > 0.75 No mitigation

            DU = dwelling unit; FAR = floor-area ratio.

            All off-site mitigation must be located within 100 miles (160 kilometers) of the project.

            Up to 15% of the affected farmland area may be subtracted from the mitigation acreage required of the project in Tables 1 and 2 if it is permanently dedicated for community gardens. Portions of parking structures devoted exclusively to parking must be excluded from the numerator when calculating the floor-area ratio (FAR).

            The mitigation ratio for a mixed-use project is calculated as follows:

            1. Determine the total floor area of all residential and nonresidential uses.
            2. Calculate the percentage residential and percentage nonresidential of the total floor area.
            3. Determine the density of the residential and nonresidential components as measured in dwelling units per acre and FAR, respectively.
            4. Referring to Tables 1 and 2, find the appropriate mitigation ratios for the residential and nonresidential components.
            5. If the mitigation ratios are different, multiply the mitigation ratio of the residential component by its percentage of the total floor area, and multiply the mitigation ratio of the nonresidential component by its percentage.
            6. Add the two numbers produced by step 5. The result is the mitigation ratio.
            7. Case 1. Sites without flood hazard areas

              Locate on a site that is entirely outside any flood hazard area shown on a legally adopted flood hazard map or otherwise legally designated by the local jurisdiction or the state. For projects in places without legally adopted flood hazard maps or legal designations, locate on a site that is entirely outside any floodplain subject to a 1% or greater chance of flooding in any given year.

              Case 2. Infill or previously developed sites with flood hazard areas

              Locate the project on an infill site or a previously developed site and select one of the following two options.

              Option 1. American Society of Civil Engineers standard

              For any portion of the site within the flood hazard area, design buildings in accordance with American Society of Civil Engineers Standard 24-05 (ASCE 24).

              If the project includes construction of a critical facility that is intended to remain operational in the event of a flood, or whose function is critical for postflood recovery, design the facility to be protected and operable at the floodwater levels specified in ASCE 24, or at the water levels represented by a 0.2% annual chance (500-year) flood, whichever is higher. For the purpose of this requirement, critical facilities include, but are not limited to, hospitals, emergency operations centers, building or portions of buildings designated as emergency shelters, water and sewage treatment facilities, and fire and police stations.

              Option 2. National Flood Insurance Program

              For any portion of the site within the flood hazard area, design buildings in accordance with National Flood Insurance Program (NFIP) requirements. Projects outside the U.S. may use a local equivalent to NFIP as long the program is equal to or more stringent than NFIP and is administered at the national level.

              If the project involves a critical facility that is intended to remain operational in the event of a flood, or whose function is critical for postflood recovery, design the facility to be protected and operable at the water levels represented by a 0.2% annual chance (500-year) flood. For the purpose of this requirement, critical facilities include, but are not limited to, hospitals, emergency operations centers, building or portions of buildings designated as emergency shelters, water and sewage treatment facilities, and fire and police stations.

              Case 3. All other sites with flood hazard areas

              Meet the requirements of one of the following two options.

              Option 1. American Society of Civil Engineers standard

              Previously developed portions of the site
              On portions of the site that are previously developed and in the flood hazard area, design buildings in accordance with American Society of Civil Engineers Standard 24-05 (ASCE 24).

              Nonpreviously developed portions of the site
              On portions of the site that are not previously developed and in the flood hazard area, do not develop on land that is within either a regulatory floodway or a coastal high hazard area (Zone V), as shown on the flood hazard map.

              On all other portions of the site that are not previously developed and in the flood hazard area, design buildings in accordance with ASCE 24.

              Critical facilities in the flood hazard area
              If the project involves a critical facility that is intended to remain operational in the event of a flood, or whose function is critical for postflood recovery, design the facility to be protected and operable at the floodwater levels specified in ASCE 24 or at the water levels represented by a 0.2% annual chance (500-year) flood, whichever is higher. For the purpose of this requirement, critical facilities include, but are not limited to, hospitals, emergency operations centers, building or portions of buildings designated as emergency shelters, water and sewage treatment facilities, and fire and police stations.

              Option 2. National Flood Insurance Program

              Previously developed portions of the site
              On portions of the site that are previously developed and in the flood hazard area, design buildings in accordance with National Flood Insurance Program (NFIP) requirements. Project outside of the U.S. may use a local equivalent program to NFIP if the program is equal to or more stringent than NFIP and is administered at the national level.

              Nonpreviously developed portions of the site
              On portions of the site that are not previously developed and in the flood hazard area, do not develop on land that is within either a regulatory floodway or a coastal high hazard area (Zone V), as shown on the flood hazard map.

              On all other portions of the site that are not previously developed and in the flood hazard area, design buildings in accordance with NFIP.

              Critical facilities in the flood hazard area
              If the project involves a critical facility that is intended to remain operational in the event of a flood, or whose function is critical for postflood recovery, design the facility to be protected and operable at the water levels represented by a 0.2% annual chance (500-year) flood. For the purpose of this requirement, critical facilities include, but are not limited to, hospitals, emergency operations centers, building or portions of buildings designated as emergency shelters, water and sewage treatment facilities, and fire and police stations.

              To protect life and property, promote open space and habitat conservation, and enhance water quality and natural hydrological systems.

              Case 1. Sites without flood hazard areas

              Locate on a site that is entirely outside any flood hazard area shown on a legally adopted flood hazard map or otherwise legally designated by the local jurisdiction or the state. For projects in places without legally adopted flood hazard maps or legal designations, locate on a site that is entirely outside any floodplain subject to a 1% or greater chance of flooding in any given year.

              Case 2. Infill or previously developed sites with flood hazard areas

              Locate the project on an infill site or a previously developed site and select one of the following two options.

              Option 1. American Society of Civil Engineers standard

              For any portion of the site within the flood hazard area, design buildings in accordance with American Society of Civil Engineers Standard 24-05 (ASCE 24).

              If the project includes construction of a critical facility that is intended to remain operational in the event of a flood, or whose function is critical for postflood recovery, design the facility to be protected and operable at the floodwater levels specified in ASCE 24, or at the water levels represented by a 0.2% annual chance (500-year) flood, whichever is higher. For the purpose of this requirement, critical facilities include, but are not limited to, hospitals, emergency operations centers, building or portions of buildings designated as emergency shelters, water and sewage treatment facilities, and fire and police stations.

              OR

              Option 2. National Flood Insurance Program

              For any portion of the site within the flood hazard area, design buildings in accordance with National Flood Insurance Program (NFIP) requirements. Projects outside the U.S. may use a local equivalent to NFIP as long the program is equal to or more stringent than NFIP and is administered at the national level.

              If the project involves a critical facility that is intended to remain operational in the event of a flood, or whose function is critical for postflood recovery, design the facility to be protected and operable at the water levels represented by a 0.2% annual chance (500-year) flood. For the purpose of this requirement, critical facilities include, but are not limited to, hospitals, emergency operations centers, building or portions of buildings designated as emergency shelters, water and sewage treatment facilities, and fire and police stations.

              Case 3. All other sites with flood hazard areas

              Meet the requirements of one of the following two options.

              Option 1. American Society of Civil Engineers standard

              Previously developed portions of the site
              On portions of the site that are previously developed and in the flood hazard area, design buildings in accordance with American Society of Civil Engineers Standard 24-05 (ASCE 24).

              Nonpreviously developed portions of the site
              On portions of the site that are not previously developed and in the flood hazard area, do not develop on land that is within either a regulatory floodway or a coastal high hazard area (Zone V), as shown on the flood hazard map.

              On all other portions of the site that are not previously developed and in the flood hazard area, design buildings in accordance with ASCE 24.

              Critical facilities in the flood hazard area
              If the project involves a critical facility that is intended to remain operational in the event of a flood, or whose function is critical for postflood recovery, design the facility to be protected and operable at the floodwater levels specified in ASCE 24 or at the water levels represented by a 0.2% annual chance (500-year) flood, whichever is higher. For the purpose of this requirement, critical facilities include, but are not limited to, hospitals, emergency operations centers, building or portions of buildings designated as emergency shelters, water and sewage treatment facilities, and fire and police stations.

              Option 2. National Flood Insurance Program

              Previously developed portions of the site
              On portions of the site that are previously developed and in the flood hazard area, design buildings in accordance with National Flood Insurance Program (NFIP) requirements. Project outside of the U.S. may use a local equivalent program to NFIP if the program is equal to or more stringent than NFIP and is administered at the national level.

              Nonpreviously developed portions of the site
              On portions of the site that are not previously developed and in the flood hazard area, do not develop on land that is within either a regulatory floodway or a coastal high hazard area (Zone V), as shown on the flood hazard map.

              On all other portions of the site that are not previously developed and in the flood hazard area, design buildings in accordance with NFIP.

              Critical facilities in the flood hazard area
              If the project involves a critical facility that is intended to remain operational in the event of a flood, or whose function is critical for postflood recovery, design the facility to be protected and operable at the water levels represented by a 0.2% annual chance (500-year) flood. For the purpose of this requirement, critical facilities include, but are not limited to, hospitals, emergency operations centers, building or portions of buildings designated as emergency shelters, water and sewage treatment facilities, and fire and police stations.

              Option 1.

              Locate the development footprint on land that has been previously developed.

              OR

              Option 2.

              Locate the development footprint on land that has been previously developed or that does not meet the following criteria for sensitive land:

              • Prime farmland. prime farmland, unique farmland, or farmland of statewide or local importance as defined by the U.S. Code of Federal Regulations, Title 7, Volume 6, Parts 400 to 699, Section 657.5 (or local equivalent for projects outside the U.S.) and identified in a state Natural Resources Conservation Service soil survey (or local equivalent for projects outside the U.S.).
              • Floodplains: a flood hazard area shown on a legally adopted flood hazard map or otherwise legally designated by the local jurisdiction or the state. For projects in places without legally adopted flood hazard maps or legal designations, locate on a site that is entirely outside any floodplain subject to a 1% or greater chance of flooding in any given year.
              • Habitat: Land that is identified as habitat for the following:
                • species listed as threatened or endangered under the U.S. Endangered Species Act or the state’s endangered species act, or
                • species or ecological communities classified by NatureServe as GH (possibly extinct), G1 (critically imperiled), or G2 (imperiled), or
                • species listed as threatened or endangered specifies under local equivalent standards (for projects outside the U.S.) that are not covered by NatureServe data.
              • Water bodies: Areas on or within 100 feet (30 meters) of a water body, except for minor improvements.
              • Wetlands: Areas on or within 50 feet (15 meters) of a wetland, except for minor improvements.

              Minor improvements within the wetland and water body buffers may be undertaken to enhance appreciation of them, provided such facilities are open to all building users. Only the following improvements are considered minor:

              • Bicycle and pedestrian pathways no more than 12 feet wide (3.5 meters), of which no more than 8 feet (2.5 meters) may be impervious;
              • Activities to maintain or restore native natural communities and/or natural hydrology;
              • One single-story structure per 300 linear feet (90 linear meters) on average, not exceeding 500 square feet (45 square meters);
              • Grade changes necessary to ensure public access;
              • Clearings, limited to one per 300 linear feet (90 linear meters) on average, not exceeding 500 square feet (45 square meters) each;
              • Removal of the following tree types:
                • Hazardous trees, up to 75% of dead trees
                • Trees less than 6 inches (150 millimeters) diameter at breast height
                • Up to 20% of trees more than 6 inches (150 millimeters) diameter at breast height with a condition rating of 40% or higher.
                • Trees under 40% condition rating
                  The condition rating must be based on an assessment by an arborist certified by the International Society of Arboriculture (ISA) using ISA standard measures, or local equivalent for projects outside the U.S.
              • Brownfield remediation activities.

              Achieve any combination of requirements in the following three options:

              Option 1. Location type (1-5 points)

              Locate the project in one of the following locations:

              AND/OR

              Option 2. Connectivity

              Locate the project in an area that has existing connectivity, as listed in Table 1. Measure connectivity one of two ways:

              • within 1/2 mile (800 meters) of the project boundary; or
              • within the project and within ½ mile (800 meters) of the project boundary.
              • Intersections within the site may be counted if the intersections were not constructed or funded by the developer within the past ten years.

                Intersections per square mile Points
                ≥ 200 and < 250 1
                ≥ 250 and < 300 2
                ≥ 300 and < 350 3
                ≥ 350 and < 400 4
                ≥ 400 5

                Option 3. Designated high-priority locations (3 points)

                Earn at least 2 points under NPDc4 Housing Types and Affordable Housing, Option 2, Affordable Housing.
                AND
                Locate the project on one of the following:

                • a site listed by the EPA National Priorities List;
                • a Federal Empowerment Zone site;
                • a Federal Enterprise Community site;
                • a Federal Renewal Community site;
                • a Department of the Treasury Community Development Financial Institutions Fund Qualified Low-Income Community (a subset of the New Markets Tax Credit Program);
                • a site in a U.S. Department of Housing and Urban Development’s Qualified Census Tract (QCT) or Difficult Development Area (DDA); or
                • a local equivalent program administered at a national level for projects outside the U.S.
                • Option 1.

                  Locate the development footprint on land that has been previously developed.

                  OR

                  Option 2.

                  Locate the development footprint on land that has been previously developed or that does not meet the following criteria for sensitive land:

                  OR

                  • Prime farmland. prime farmland, unique farmland, or farmland of statewide or local importance as defined by the U.S. Code of Federal Regulations, Title 7, Volume 6, Parts 400 to 699, Section 657.5 (or local equivalent for projects outside the U.S.) and identified in a state Natural Resources Conservation Service soil survey (or local equivalent for projects outside the U.S.).
                  • Floodplains: a flood hazard area shown on a legally adopted flood hazard map or otherwise legally designated by the local jurisdiction or the state. For projects in places without legally adopted flood hazard maps or legal designations, locate on a site that is entirely outside any floodplain subject to a 1% or greater chance of flooding in any given year.
                  • Habitat: Land that is identified as habitat for the following:
                    • species listed as threatened or endangered under the U.S. Endangered Species Act or the state’s endangered species act, or
                    • species or ecological communities classified by NatureServe as GH (possibly extinct), G1 (critically imperiled), or G2 (imperiled), or
                    • species listed as threatened or endangered specifies under local equivalent standards (for projects outside the U.S.) that are not covered by NatureServe data.
                  • Water bodies: Areas on or within 100 feet (30 meters) of a water body, except for minor improvements.
                  • Wetlands: Areas on or within 50 feet (15 meters) of a wetland, except for minor improvements.

                  Minor improvements within the wetland and water body buffers may be undertaken to enhance appreciation of them, provided such facilities are open to all building users. Only the following improvements are considered minor:

                  • Bicycle and pedestrian pathways no more than 12 feet wide (3.5 meters), of which no more than 8 feet (2.5 meters) may be impervious;
                  • Activities to maintain or restore native natural communities and/or natural hydrology;
                  • One single-story structure per 300 linear feet (90 linear meters) on average, not exceeding 500 square feet (45 square meters);
                  • Grade changes necessary to ensure public access;
                  • Clearings, limited to one per 300 linear feet (90 linear meters) on average, not exceeding 500 square feet (45 square meters) each;
                  • Removal of the following tree types:
                    • Hazardous trees, up to 75% of dead trees
                    • Trees less than 6 inches (150 millimeters) diameter at breast height
                    • Up to 20% of trees more than 6 inches (150 millimeters) diameter at breast height with a condition rating of 40% or higher.
                    • Trees under 40% condition rating
                      The condition rating must be based on an assessment by an arborist certified by the International Society of Arboriculture (ISA) using ISA standard measures, or local equivalent for projects outside the U.S.
                  • Brownfield remediation activities.
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