Date
Inquiry

Our project is a 33-story mixed use tower located on a 20,000-sf block within a dense downtown setting. The project replaces an existing low-rise structure which will include residential, retail and office space to serve the city. The project is under no requirements from the city to provide open space as part of the site development. The context and limited availability of site area to provide habitat-supportive vegetated area make SSc5.1 very challenging. However, the owner\'s goal is to fulfill the intent of this credit and to achieve LEED Platinum certification. The intent of this CIR is to propose an alternative compliance path for SSc5.1 Protect and Restore Habitat. The project owner owns approximately 4 acres of ecologically-functional wetlands approximately 10 miles from the site and just outside of the downtown area. The wetland area represents one increment in a greater connected ecosystem that provides habit to local wildlife and critical flood storage capacity for the district. A popular pedestrian path passes by this area as well. The wetland is zoned to allow development in the future but the local regulating body has expressed an interest in preserving this land for its public benefit. The project team would like to propose that by fulfilling the requirements of Existing Buildings: Operations and Maintenance SSc5 Reduced Site Disturbance, the project may take credit for SSc5.1 Protect and Restore Habitat. The project team will document alignment with SSc5 requirements through the donation of the off-site wetland to the regulating body, through signed contract, to be protected in perpetuity and maintained only with native vegetation. Additionally, the project team will provide a scaled drawing of the proposed wetland site indicating that it is at least 25% of the project site area, excluding the building (every 2 feet off-site is to be equal to every 1 square foot on-site in accordance with the credit requirement). We feel that this approach adequately addresses the intent of SSc5.1, "Conserve existing natural areas and restore damaged areas to provide habitat and promote biodiversity." The habitat value gained by protecting this land and avoiding fragmentation of existing functional landscapes is significantly greater than the value gained by allocating the required area in this urban setting. The team evaluated a green roof options but a combination of subsurface soil structural conditions, cost and program issues disabled this option. We will be able to provide an aerial map of the site indicating the size and location of the proposed site as well as documentation of the binding agreement with the regulating body. The extremely small footprint available to this tall building and structural implications preclude achievement of this credit through the prescribe method within the LEED NC reference guide. In the interest of alignment, we feel that this approach is valid.

Ruling

The project team is proposing to pursue LEED-NC v2.2 SSc5.1 through an alternative compliance pathway. The alternative compliance path proposed follows the guidelines for LEED EB:OM SSc5-Option 3, Off-site protection or restoration of open space. This approach does not meet the intent of LEED-NC v2.2 SSc5.1. New construction projects have a unique design opportunity to preserve open space & biodiversity; existing buildings do not necessarily have this opportunity to preserve on-site open space and are therefore given an opportunity to do so off-site. EB:OM compliance is thus not appropriate in this context. Not all credits are appropriate for all projects. Applicable Internationally.
**Update 4/2/2014: Note that the offsite land compliance path established in Correction #100000737 on 11/3/2010 is applicable to 2009 NC, Schools, CS, and HC projects. The LEED Interpretation above is not applicable to 2009 projects

Internationally Applicable
On
Campus Applicable
On