http://www.foxnews.com/us/2017/04/25/gophers-vs-landowners-i
n-washington-property-rights-battle-furry-rodents-win.html
Gophers vs. landowners: In Washington property rights battle, furry rodents
win

By Dan Springer
<http://www.foxnews.com/on-air/personalities/dan-springer/bio>

Published April 25, 2017



It would appear to be a David and Goliath fight over property rights, but a
furry little rodent is currently whipping the landowners of Thurston
County, Washington.

In 2014, three sub-species of the Mazama pocket gopher were listed as
threatened in the county under the Endangered Species Act. Since then,
property owners have lived in fear that a gopher hole might show up and
derail any plans to develop their land.

Steve and Deborah McLain have been trying unsuccessfully for over a year to
get a permit to build a home on the 8 acres they own near the city of
Tumwater. The problem started when inspectors found a single mound of dirt
indicating a pocket gopher lived there.

“The gopher has been able to enjoy our property the entire time,” said a
frustrated Deborah McLain, “and they have more rights to our property than
we do.”

The McLains have offered to give up one of their acres as protected habitat
for the gopher, but Thurston County still won’t issue a building permit.
The county requires landowners who want to build anything on their property
to determine if their soils are conducive for gopher tunneling. If they
are, inspectors must make three site reviews 30 days apart. The reviews
must be done between June 1st and October 31st – because that’s when
gophers are the most active.

Larry Weaver is a homebuilder. He says the gopher issue is driving most
contractors out of the county.

“In one instance I had to give up 64 percent of my property where we built
the house,” said Weaver. “It was a little over an acre and 64 percent had
to be fenced off as gopher habitat.”

The U.S. Fish and Wildlife Service, which listed the gopher as threatened,
can’t even give a rough guess as to how many pocket gophers are living in
Thurston County.

“It’s not based on number, it’s based on area and threats,” said Eric
Rickerson, the Washington state USFWS Supervisor.

The Mazama pocket gopher thrives in loose, well-drained prairie soils. The
government estimates 95 percent of the gopher’s habitat has been lost due
to development. Since it is cost-prohibitive to actually count gophers,
which live underground and rarely surface, the aim of the conservation plan
is to prevent building on the remaining land that is good for gophers.

Glen Morgan from Citizens Alliance for Property Rights doesn’t think the
gopher is endangered at all. He points to the fact that gophers have been
thriving in the most dangerous place in Thurston County, the artillery
firing range on the Army’s Joint Base Lewis-McChord.

“This all starts basically with environmental groups that push a species,
whether they’re endangered or not, to force U.S. Fish and Wildlife to start
down this road, to list them whether or not there’s any good science,” said
Morgan.

Thurston County officials are working on a conservation plan that would
create a $42,000 gopher tax for new homeowners who build on gopher habitat.
That money would be used to purchase land in another part of the county
where it would be managed as protected space for gophers.

A sort of cap-and-trade gopher tax has already been started by a large
developer. Kaufman Real Estate owns prime land near a small regional
airport. It also happens to be prime gopher soil. In exchange for obtaining
building permits, Kaufman bought 77 acres for gopher habitat. The process
has taken several years and cost the company $3 million.

Thurston County Commissioner Gary Edwards said the county is trying to
avoid getting sued by environmental groups, but he also opposes the gopher
tax.

“The rich can continue to function and live anywhere they want,” said
Edwards, “but the poorer folks, the people out there working for a living
can’t.”

The Center for Natural Lands Management defends the gopher protections.
Patrick Dunn says gophers turn over soil as they dig their tunnels creating
places for wildflowers to germinate. They also help other rodents and even
reptiles like snakes.

“Gophers are fantastic animals,” says Dunn, “They’re really critical in
these ecosystems.”

*Dan Springer joined Fox News Channel (FNC) in August 2001 as a
Seattle-based correspondent.*




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