720 Government Legislation and Regulations in the United States State Laws All of the international and national laws and regulations outlined previously in this article have their impacts at local levels Primary responsibility for stewardship of biological resources is reserved to states by the 10th Amendment to the US Constitution, which states that all powers not given to the federal government by the Constitution are retained by the states Federal laws usually define minimum standards for the states to follow States can, and sometimes do, pass laws that are more restrictive than federal laws in protecting plant and animal species, wetlands, forests, and other ecosystems States are responsible for managing the wildlife resources within their borders Historically, most states have focused their wildlife conservation activities on a relatively small number of hunted or fished species States retain authority to regulate and legislate many issues related directly to conservation of biodiversity; for example, managing the natural and biological resources on state-owned lands, setting hunting limits on deer and other resident, nonmigratory species, and approving permits for development and other projects that affect many habitats and species on privately owned land State environmental law related to air and water quality and waste management can help to protect biodiversity indirectly Perhaps the largest impact of state laws and local ordinances on biodiversity relates to how well the laws regulate the approval of land development plans so as to protect natural habitats and mitigate the impacts of development on habitat fragmentation and degradation State planning laws related to growth management and to land use planning can contribute to conservation Thirteen US states have adopted growth management laws that require state plans to consider conservation of natural resources, wildlife, forests, and critical natural areas (Environmental Law Institute and Defenders of Wildlife, 2003) Many states also require that municipalities develop comprehensive plans, which might address conservation of biological resources along with land use and development issues A number of state land use planning laws include mandatory elements such as natural resources, open space, wildlife habitat, and critical and sensitive areas (Environmental Law Institute and Defenders of Wildlife, 2003) Only a small number of states have passed laws and regulations specifically addressing conservation of genes, species, and ecosystems, although the number is increasing In 1992, the state of Michigan passed a Biological Diversity Conservation Act that required creation of a state biodiversity conservation strategy A 1993 statute in New York State established a Biodiversity Research Institute with a mandate to coordinate state and private efforts to collect information about the state’s biodiversity The law also directed the New York Department of Environmental Conservation to implement programs to conserve rare and endangered species on state lands In 1996, the state of Wisconsin passed a bill that revised the state’s forest statute to ensure that management of state forests is consistent with maintaining native biodiversity and sustainable ecosystems Many states have statutes that authorize creation of conservation easements on private lands Hawaii created a statutory tax incentive that provides owners of forest or water reserve lands with relief from all property taxes in exchange for allowing the state to manage their lands Hawaii also has strong statutes to control the introduction of exotic species Many states, including California and Tennessee, have created executive orders and memoranda of understanding regarding conserving biodiversity, but these not have the force of law Many other states have policies aimed at conserving biodiversity by creating land acquisition programs for areas with important biodiversity, prohibiting introduction of exotic plant and animal species, and requiring environmental impact assessments in order to minimize and mitigate the impacts of development projects on biodiversity Many states are involved in legislatively mandated, regional initiatives to conserve ecosystems that cross state boundaries The 1987 Chesapeake Bay Agreement was signed by Virginia, Pennsylvania, Delaware, Maryland, the District of Columbia, the Chesapeake Bay Commission, and the US Environmental Protection Agency The signatories agreed to work on a program to conserve the biological resources and water quality of the Chesapeake Bay system Local Ordinances Local laws can be enacted by municipalities, towns, cities, counties, townships, or boroughs, depending on their regulatory authority and on what local government units are called in different parts of the US Although ultimately all biodiversity is conserved or lost at a local level, rarely are local laws primarily concerned with biodiversity per se; rather, they tend to focus on biological resources that indirectly influence public health, safety, or welfare (e.g., protecting wetlands or wooded slopes to control floods or regulating hunting for safety or to maintain economic benefits) Increasingly, however, concerned citizens have been working to ensure that local laws consider conservation at some scale Local governments can address biodiversity through broad municipal comprehensive planning and through municipal ordinances that address specific human activities that affect biodiversity on a more site-specific level Whether required by state law or not, many municipalities create comprehensive plans that address future land uses in the context of economic growth and quality of life, including conservation of biological resources Many comprehensive plans include sections on natural or environmental resources Some municipalities are beginning to prepare separate plans for ‘‘open space’’ – undeveloped land that often contains natural habitats Most open space plans identify specific environmentally important habitats and recommend specific conservation strategies for those habitats Municipalities have adopted a variety of ordinances intended to minimize impacts on species and natural habitats; often, these ordinances support the resource conservation goals established through comprehensive or open space plans An increasing number of municipalities are enacting ordinances that offer stronger protection to stream and wetland ecosystems than the requirements of state and federal law Some municipal ordinances focus on integrating protection and restoration of habitats with land development project approvals For example, some local ordinances have required that development projects maintain or create natural vegetated