Wetlands Once Covered Area Where 138 Nesting Birds Were Slaughtered, Maimed

Last weekend, a contractor killed or maimed 138 nesting egrets and herons in the Cypress Towne Lake Area while clearing land. Little surprise the birds were nesting there. That area was once pockmarked with wetlands that are rapidly being developed.

Wetlands provide free stormwater retention. They also provide valuable habitat that supports a remarkable level of biodiversity. In terms of the number and variety of species supported, wetlands rival rainforests and coral reefs. Trouble is, they also provide cheap land for developers. That brings people into direct conflict with wildlife.

Great Egret preening on nest while waiting for eggs to hatch. File photo not taken in Cypress. Copyright © Bob Rehak 2022.

Nesting waterfowl make a pretty good biologic indicator of wetlands.

Property Rights vs. Right to Life and Right to Information

By law, it’s illegal to disturb migratory birds such as herons and egrets while they are nesting. But the contractors in question did not respect that law even though they could have waited a month or two.

Don’t get me wrong. I’m all for property rights. And I support responsible development. But that means finding balance. Balance sustains life. It also provides beauty that supports property values. Would you rather raise your kids in biological barrens? Or in close to nature in a place teeming with life?

Finally I believe in the right to information that helps people make informed decisions and markets self-regulate. For instance, if people fully knew the flood risk on a piece of property before buying it, that knowledge could reduce demand, perhaps moderate prices, and discourage future development of wetlands.

But sadly, flood potential is often the last thing buyers look at. At closing, they’re probably provided with a survey that shows they’re above the base-flood elevation (aka the 100-year or 1%-annual-chance floodplain). Then it’s “Where do I sign?” And, “When can I move in?”

That the home might have been built on wetlands is the farthest thing from their minds…until the foundation settles, the walls crack, and doors and windows start to stick.

Where to Learn about Property Built on Wetlands

But a little investigation with free apps or on public websites, might help buyers drive harder bargains that would pay for the foundation leveling they will probably need eventually.

From U.S. Fish and Wildlife Service National Wetlands Mapper. This shows the wetlands that used to exist in the area where the birds were killed and maimed.
1944 Aerial Photo of same area from Google Earth Pro. Cherrywood Bend Drive is where contractors were clearing land when they encountered the nesting egrets and herons.

Cypress Towne Lakes is a miracle of engineering that created livable space out of areas that once were wetlands. But the developer’s website shows only impressive homes and amenities, including a chain of lakes. It mentions none of the area’s natural history.

“You Can’t Outsmart Nature”

A wise banker once told me, “You can’t outsmart nature. Nature always wins. We need to give Mother Nature her room.” Perhaps that’s why his bank has almost a billion dollars in assets.

Posted by Bob Rehak on 5/19/22

1724 Days since Hurricane Harvey

The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.

Grand Parkway Extension Opens Tomorrow

According to an article in the Bluebonnet News, two new segments of the Grand Parkway (aka State Highway 99) will open Thursday, May 19. They will connect US 59 in New Caney to I-10 in Baytown. And they will invite development of thousands of acres in Harris, Chambers and Liberty Counties.

About the Grand Parkway

The new segments will add 52.8 miles to the largest loop around Houston. That will make the Grand Parkway the largest city loop in the United States.

According to the Bluebonnet article, TxDoT will offer a two-day grace period for tolls. Tolls will begin at midnight on Saturday, May 21.

The first segment of the Grand Parkway opened in 1994 in Fort Bend County. Almost 30 years and $855 million later, Houston will have another 184 miles of tollway.

Colony Ridge, upper right by Plum Grove, is approximately as large as Kingwood, yet is unincorporated. For scale, Lake Houston Wilderness park in center is 5,000 acres.
Expansion area on east side of Colony Ridge. Photo taken on March 3, 2021.
Photo taken on January 1, 2021, looking NW where Grand Parkway turns from N/S to E/W. Colony Ridge is in upper right of frame.

Changing Demographics and Politics of Liberty County

According to the 2020 census, the largest (incorporated) cities in Liberty County are:

  • Dayton at 8,777
  • Liberty at 8,279
  • Cleveland at 7,471

The Census Bureau shows the county’s entire population in 2020 as 91,628.

In anticipation of the Grand Parkway, Colony Ridge has already attracted tens of thousands of residents, many undocumented. It now is rumored to be the largest settlement in Liberty County. In fact, it has grown so quickly, that it forced Liberty County to redistrict its precincts.

Tracking Future Development and Offsetting Drainage Changes

To avoid the flooding that often attends new developments, existing residents must monitor new plats and construction closely. Here are some tips on how to do that.

The City of Houston hosts a website called Plat Tracker Plats. It shows development applications and their current status.

Screen capture from Houston Plat Tracker Plats as of 5/17/22. Clicking on highlighted areas will give you more information about the project. Check this site often.

Note the huge developments planned or in progress to the east and north of Lake Houston near the new Grand Parkway. All of this development will have an impact on drainage. If past developments are any guide, the new developments will likely increase both the volume and speed of runoff. This area is also dotted with wetlands, especially near rivers, streams and bayous.

To offset these factors, counties usually require developers to install detention ponds. You can request plans from city or county engineers’ offices. Check to make sure they include floodwater detention basins. Then watch construction to ensure developers comply with those plans.

Remember the motto “Retain your rain.” If everyone retained enough stormwater so that post-development runoff did not exceed pre-development runoff, then people downstream would not flood.

State of Grand Parkway construction in February 2022. Looking N across FM1960. The farmlands surrounding the Grand Parkway could soon become new developments.

So, hold developers and your local elected representatives accountable. You have one chance to get this right.

Posted by Bob Rehak on 5/17/22

1723 Days since Hurricane Harvey

The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.

Contractor Kills, Maims 138 Egrets, Herons While Clearing Land

Multiple Houston-based news outlets reported a story recently about a contractor that killed or maimed 138 egrets and herons protected under the Migratory Species Act. The birds were nesting on a site being cleared by the contractor.

It’s not clear from news coverage whether the contractor was working for a homebuilder or homeowner. While I have done dozens of stories over the years about the environmental impacts of land clearing, i.e., loss of wetlands and wildlife habitat, I can’t remember any this callous.

Summaries of Local News Coverage

KPRC Channel 2

Channel 2 reported that “An investigation has been launched after dozens of migratory birds were discovered injured or dead in an area being used as a breeding ground by the protected species.”

The incident occurred last Friday in the 19700 block of Cherrywood Bend Lane in the Town Lake neighborhood in Cypress. A tree trimming company cut down trees where the birds had built nests. The surviving birds suffered broken wings, mangled legs, and internal injuries.

Texas Parks and Wildlife said the property owner and tree trimming company will be held accountable. “Their fines could add up thousands of dollars, multiple Class C violations, plus the civil restitution,” said Texas Game Warden Jaime Hill.

Egrets and herons are migratory birds protected by state law, in addition to being federally protected under the Migratory Bird Treaty Act (MBTA). The MBTA protects 1,000 species. Under the MBTA, it is illegal to kill, injure, or capture protected birds.

Houston Chronicle

Houston Chronicle reported that 67 birds were discovered dead and another 71 were rescued by the SPCA’s Wildlife Center of Texas. The story said the non-profit had to euthanize 17 of the injured birds due to the extent their injuries.

A game warden cited the contractor and property owner for violating a statute which protects these non-game birds from being injured or killed, and their nests disturbed or destroyed.

“The issue here is the nests,” said Hill, the game warden. “Before nesting season begins residents can harass the birds so they don’t return.” They can use noise-making devices, fake owls, balloons with eyes on them and even pyrotechnics to try to ward them off, the warden added. “But any harassment must end when the first egg is laid,” she added.

“The birds might be a nuisance,” she said, “but at the end of the day when it comes to their nests and their young, they are protected.”

TPWD conferred with the US Fish and Wildlife Service and agreed to handle the incident at the state level.

KHOU Channel 11

KHOU 11 reported that “Several of the blue herons and great egrets were found alive inside trash bags that also contained dozens of dead birds.”

The Houston SPCA will care for the surviving birds until they can be released back to the wild.

TPWD’s investigation is ongoing.

Personal Commentary

Few waterbirds are more beautiful or graceful than herons and egrets. I have photographed them in the wild for years. My favorite shot is this one, taken years ago, not at the site in question.

I took it moments after the chick hatched out of its egg, as both parents looked on proudly.

Great Egrets and hatchling. I call this photo Proud Parents. © Bob Rehak 2022.

The chicks look gawky and gangly in their nests. As they mature and grow feathers, they walk out on branches and flap their wings to gain strength. Then one day, they release their grip on the branches and take wing to repeat the cycle of life as young adults.

It isn’t until you follow these birds from egg to air, that you can appreciate them as individuals. At moments like the one in the photo above, I see the same emotion that parents of every species feel. Love. Pride. And protectiveness.

But sadly, the egrets are no match for chain saws.

Posted by Bob Rehak on 5/17/22

1722 Days after Hurricane Harvey