MAP files legal complaint against TRPA over Phase 2 housing amendments

LAKE TAHOE, Calif./Nev. - The Mountain Area Preservation (MAP) has announced they are legally challenging what they say is the Tahoe Regional Planning Agency’s (TRPA) violation of the bi-state compact, TRPA regulations, and the approval of the Phase 2 Housing Code Amendments. MAP says the approval of the amendments could negatively impact Tahoe’s natural environment and public safety for present and future generations.

In a press release, MAP says this legal move was necessary to ensure TRPA fulfills its duties outlined in the Compact, a congressionally approved agreement between California and Nevada. Under the Compact, TRPA must ensure that new development will not exceed or impede environmental threshold-carrying capacities adopted to protect water quality, air quality, scenic views, and other extraordinary Tahoe resources.

To promote the building of affordable housing, TRPA added amendments to the code that will increase height, density, and coverage limits for those types of projects in town centers around Lake Tahoe.

MAP said these were done without fully considering the impacts of intensified land uses, including evacuation safety in the event of a major wildfire. By failing to prepare an EIS, the agency deprived the public of critical information about impacts on environmental resources and mitigation and alternatives to reduce these impacts, as well as skirting procedural safeguards for public review. Moreover, while TRPA promoted the
new amendments as necessary to achieve affordable housing goals, TRPA actually eliminated existing affordable housing requirements without any public process at the 11th hour, said MAP.

Even though they have not been served by the court, TRPA had a response on Friday.

“The Tahoe Regional Planning Agency has been made aware of legal action by the Mountain Area Preservation Foundation asking the courts to overturn policy changes approved by the TRPA Governing Board last December. The policies are intended to encourage more affordable and workforce housing in limited areas of the Lake Tahoe Region consistent with TRPA’s strict development caps and environmental standards," said TRPA Executive Director Julie Regan.

MAP said that, under the Compact, TRPA must prepare and consider a detailed environmental impact statement (EIS) before deciding to approve or carry out any project that may have a “significant effect on the environment.” An EIS from TRPA is required to use “a systematic, interdisciplinary approach,” and TRPA must consult with relevant public agencies and provide a minimum 60-day public comment period on an EIS.

MAP stated that since the Regional Plan update, last done in 2012, the lake’s health has deteriorated from, among other things, record amounts of microplastics and new invasive species.

“Apart from not adhering to its own regulations, TRPA has ignored and downplayed the greater public’s consistent plea to take into account modern-day threats not envisioned in the 2012 Regional Plan Update and environmental analysis, such as wildfire threats and public safety concerns tied to evacuation in Tahoe’s constrained area. Our mission has always been to preserve our natural environment for present and future generations while advocating for responsible development,” said MAP Executive Director Alexis Ollar.

"In addition, local conditions have been negatively impacted by substantial increases in visitation, the proliferation of short-term vacation rentals, and escalating populations in adjacent cities," said MAP in the press release. "Changes to Tahoe’s current environmental and public safety conditions, together with other planned regional development, will increase vehicle miles traveled (VMTs) in the Lake Tahoe Basin, contributing to
potentially hazardous air and water pollution for one of our nation’s most treasured watersheds.

"The current affordable housing crisis is impacting Lake Tahoe’s environment and communities," said Regan. "Creating more affordable housing while protecting our incredible environment is a high priority of the TRPA Governing Board, partner agencies, community members, and the agency itself."

TRPA said its regular monitoring of environmental conditions in the Tahoe Basin shows that although the demand for outdoor recreation is changing, the number of cars, visitors, and residents has changed very little over the last decade. Transportation improvements are needed in our busiest recreation corridors to address changing recreation travel patterns. They said the full-time population has dropped 12 percent around the Basin over the last 20 years.

The legal complaint can be seen HERE.