Uncertainty is a key issue for landowners who plan to put their land to specific uses in the future, but who face the risk that land use restrictions, like those involving the Endangered Species Act (ESA), will block them. To protect habitat while at the same time reducing uncertainty for landowners, habitat conservation plans (HCPs) were devised. HCPs are legal agreements whereby the landowners agree to take certain actions to protect species and habitats, and in exchange the government assures the landowners that no new regulations will be imposed on them in the future. Some arrangements of this kind have been controversial, with interest groups on both sides claiming they got the bad end of the bargain. But the principle of asking landowners to make land use concessions in exchange for future reductions in uncertainty would appear to have merit as a mutually beneficial exchange: trading habitat protection for reduced uncertainty.

References and Links:
U.S. Fish and Wildlife Service Endangered Species Habitat Conservation Planning   Provides a history of HCP legislation, information on the legal components of HCPs, and information about the permitting process for HCPs and incidental take permits. This website also includes a link to the Habitat Conservation Planning Handbook, which provides information for parties wishing to establish an HCP.

Audubon: A Citizen's Guide to Habitat Conservation Plans   Explains how to understand an HCP.

Defenders of Wildlife Habitat Conservation Fact Sheet   Provides an overview of HCPs and an assessment of their positives and negatives.