SACRAMENTO, Calif. – An environmental non-profit has filed a lawsuit against the Tahoe Regional Planning Agency Friday, Feb. 9, in a Sacramento U.S. district court over changes the agency made to its Regional Plan and code in December.

The changes increase height, density and coverage limits to projects in town centers and provide options for duplexes, triplexes, and accessory dwelling units in residential zones.

The decisions also modify the achievable, affordable and moderate housing allocations of the estimated 946 deed restricted bonus housing units left in Tahoe’s housing pool.

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The Mountain Area Preservation Foundation that goes by the acronym MAP accuses the TRPA of violating the Tahoe Regional Planning Bi-State Compact, the area’s Regional Plan and the agency’s own regulations with these changes.

The group alleges in its Complaint for Declaratory and Injunctive Relief that the changes could contribute to potentially hazardous air and water pollution to Lake Tahoe by increasing vehicles miles traveled within the basin. And by not preparing an new Environmental Impact Statement, they say the agency is skirting procedural safeguards and depriving the public of critical information regarding environmental impacts the changes could cause.

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The last Environmental Impact Statement was done in 2012 for the Regional Plan Update and MAP says Tahoe’s health has gone down hill since, citing record amounts of microplastics and new invasive species, among other things.

MAP Executive Director Alexis Ollar says, “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.”

TRPA explains it regularly monitors environmental conditions in the Tahoe Basin and have found that although the demand for outdoor recreation is changing, the number of cars, visitors, and residents has changed very little over the last decade, citing a presentation on demographics provided to their board in October. The TRPA adds, transportation improvements are needed in the region’s busiest recreation corridors to address changing recreation travel patterns.

TRPA says the changes at the December meeting are meant to encourage affordable and workforce housing consistent with their strict development caps and environmental standards.

But MAP claims the agency promoted the changes as achieving affordable housing goals, but actually eliminated existing affordable housing requirements without any public process. They say the agency did so by designating 25% of the deed restricted bonus units to achievable housing, which has no income cap, and lumped affordable and moderate housing in the remaining 75% at the Dec. 13 meeting, which could potentially allow more moderate housing than affordable.

Ollar says they’re “undermining their own code,” that said 50% has to go towards affordable housing.

The complaint requests the court issue an order prohibiting the amendments and any developments based on the amendments until the TRPA can show it has complied with the Compact, the Regional Plan, and TRPA regulations, including preparation of appropriate environmental review.

Julie Regan with the TRPA says although they have not been formally served with the lawsuit, they’ve been made aware of it. The agency plans on responding to the lawsuit.

Regan says, “The current affordable housing crisis is impacting Lake Tahoe’s environment and communities. 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.”