ER Review Template Language
Template Language for Endangered Resource (ER) Reviews
Instructions – read prior to using
You will notice words highlighted in yellow throughout the document. This is language that needs to be changed to reflect the specific species and project activities.
This document is intended to help streamline recommendations and requirements made in Endangered Resource (ER) Reviews. The language contained in this document by no means encompasses all development scenarios, species, habitats, or project types.
It is the responsibility of the Reviewer to develop follow-up actions appropriate for the project based on the proposed project activities, timing, and current habitat. This language is for the most part general and should be tailored for the specific project.
Note: Hyperlinks are not active in the finalized PDF review letter in the portal. If you would like your project partner or applicant to see the full link, then copy and paste it in parenthesis so it is visible.
Last revised January 23, 2024
Wisconsin Department of Natural Resources, ER Review Program
Index
This index is hyperlinked. Hit CTRL and click on the taxa group.
Contents
General & No Impact Language 3
Aquatic Resources (erosion control measures, fish, mussels, aquatic invertebrates, ephemeral ponds, drawdowns, dewatering, streambank stabilization) 3
Terrestrial Invertebrates 5
Amphibians and Reptiles 8
Turtle Crossings 14
Birds 16
Invasive Species 17
Mammals 18
Mammals – Bats 18
Natural Communities 19
Plants & Lichens 20
State Natural Areas 20
Appendix A: Certified Reviewer email template 22
General & No Impact Language
For projects that will impact a specific species:
Since suitable habitat for the may be present within the project site, one of the following options shall be implemented to avoid take of the species:
Alter the project to avoid take that would result from the project as originally proposed. (e.g., time of year restrictions, avoidance of habitat, exclusion fencing).
Conduct surveys at the site to determine species presence/absence (please contact the Endangered Resources Review Program (DNRERReview@) for survey guidelines. If the is not found on site, there will be no project restrictions related to the . However, if surveys are conducted and are recorded on site, all impacts to the species must be avoided; if impacts cannot be avoided an incidental take permit/authorization shall be applied for. Survey results should be submitted to the Endangered Resources Review Program.
For projects that will not impact a specific species:
Choose ‘No Impact’ drop down option. In the comments section, explain why you do not believe this species will be impacted. (lack of suitable habitat, timing of project)
Small project example: Suitable habitat (describe) for the is not present within the project area.
Large or long, linear project example: Suitable habitat (describe) for the is not present within a one/two-mile buffer of the project area.
For non-federal nexus projects with required actions for an E/T species and it is also federally listed:
While it is not required for your state endangered resources review, we suggest that you contact the U.S. Fish and Wildlife Service for information on Federally listed species that may be present. Consultation guidance can be found on the U.S. Fish and Wildlife Service’s Information for Planning and Consultation website and the Midwest Region's Section 7(a)(2) Technical Assistance Website. If you determine that further consultation is required with the Service (i.e., your project “May Affect” listed species or critical habitat), please contact the Minnesota/Wisconsin Field Office for further assistance. If your agency has a designated point of contact (POC) in the Minnesota/Wisconsin Field Office, you may send your inquiry directly to the POC. If you do not have a designated POC, or are unable to determine the appropriate POC, please contact Assistant Field Supervisor Shauna Marquardt (shauna_marquardt@) to be directed to the appropriate staff lead.
Aquatic Resources (erosion control measures, fish, mussels, aquatic invertebrates, ephemeral ponds, drawdowns, dewatering, streambank stabilization)
Erosion control measures for projects that are within 300ft of a wetland or waterbody with a T/E species present:
Because this project has the potential to impact the , erosion and runoff prevention measures must be implemented during the course of the project to avoid take of the .
Please note that plastic or polypropylene netting associated with erosion matting (also known as an erosion control blankets or erosion mesh netting) without independent movement of strands can easily entrap snakes and other wildlife moving through the area, and cause dehydration, desiccation, and eventually mortality. Biodegradable jute/twine netting with the “leno” or “gauze” weave (contains strands that are able to move independently) has the least impact on snakes.
If erosion matting will be used for this project, use the following matting (or something similar): American Excelsior “FibreNet” or “NetFree” products; East Coast Erosion biodegradable jute products; Erosion Tech biodegradable jute products; biodegradable leno weave products; North American Green S75BN, S150BN, SC150BN or C125BN; or Western Excelsior “All Natural” products.
For projects that need to contain sediment through a turbidity barrier such as rip rap placement, bridge construction, utility work, streambank restoration, boat launches and dredging.
Because this project has the potential to impact the and/or the is present, a silt curtain needs to be installed per the DNR’s Silt Curtain (1070) Conservation Practice Standards
For projects involving drawdowns (as well as dredging, rip rap repairs/installation, sea wall repairs/installation, ditch filling) and associated impacts to herp species, refer to this document for guidance.
For projects involving dewatering that may impact rare fish/aquatic invertebrates:
This project involves [coffer dams, bypass pumping, drawdowns, dewatering] and rare fish are known to be present. A habitat assessment will need to be conducted to determine if the may be present. If suitable habitat for the is present, then please contact the Endangered Resources Review Program (DNRERReview@) before proceeding to determine what next steps may be necessary.
For projects involving streambank stabilization or rip rap:
For streambank stabilization/rip rap projects, it is recommended that all voids in exposed rock above the Ordinary High Water Mark be filled with soil and seeded with a native seed mix appropriate for the habitat. It is recommended that any riprap not able to be top-dressed with soil and seeded will have the interstitial voids filled with 0.5 to 2.0 inch gravel to ensure that hatchling turtles or other small animals cannot become entrapped in large voids between rocks.
T/E/SC mussels:
• For projects occurring adjacent to a suitable waterway: use the erosion control language above.
• For projects that will directly impact the waterway: A habitat assessment should be conducted to determine if suitable habitat for the mussel occurs in the project area. If suitable habitat is present, presence/absence surveys and/or mussel relocations must be conducted to ensure listed mussel impacts are avoided or minimized. Any listed mussels (and other species if possible) present must be relocated following the Mussel Relocation BITP/A () prior to the start of any instream disturbance.
Rare fish: Reference the fish spawning calendar for avoidance dates.
Suitable habitat for the may be present within the . Therefore, when working within the , one of the following options shall be implemented to avoid take of the species:
1) Assume that the is present and avoid impacts to the species by conducting work outside of the spawning season, which is .
2) Do not assume the is present. A habitat assessment for spawning habitat will need to be conducted to determine if the species is present. If the suitable spawning habitat for the is not found on site, there will not be any restrictions related to this species for this project. If a habitat assessment is conducted and the suitable spawning habitat for the is present, then work must be conducted outside of the spawning period (see option 1). Habitat assessment results should be submitted to the Endangered Resources Review Program.
If neither of these are possible or if any drawdowns or dewatering is taking place, please contact me to discuss further options.
Special concern fish: Reference the fish spawning calendar.
Suitable habitat for the may be present within the . Although not protected under the state endangered species law, it is recommended that work be conducted outside of the spawning season, which is to avoid impacting this species.
Ephemeral pond:
An ephemeral pond occurs within or adjacent to the project site. Ephemeral ponds are animal assemblages that may contain rare or declining species and their protection should be incorporated into the project design as much as possible. We recommend incorporating the voluntary avoidance dates of March 1 – May 30 and a buffer of 300 meters to protect the amphibians and other aquatic species using the pond during this time. The project can also minimize impacts by reducing soil compaction within the buffered area, promoting woody debris, implementing invasive species BMPs, and/or conducting work under frozen or dry ground conditions when working within or adjacent to an ephemeral pond.
Prairie Crayfish
Suitable habitat (banks of ponds, roadside ditches, small creeks, marshes, swamps, and wet pastures and prairies) for the Prairie Crayfish may be present within the project area. Therefore, it is recommended that work be minimized to the extent practicable, especially from spring through summer when the crayfish is most active and avoid areas where chimney mud tunnels are present.
T/E Aquatic Invertebrates
Suitable habitat (describe habitat) for the in the project area. For any impacts to this habitat, please contact me/Endangered Resources Review Program to discuss further options or to apply for an Incidental Take Permit/Authorization before proceeding.
SC Aquatic Invertebrates
The project site is located near (waterboy) where the has been found, and we strongly recommend implementing erosion and runoff prevention measures during the course of the project to prevent impacts to this species.
Terrestrial Invertebrates
T/E terrestrial invert species:
Suitable habitat (describe habitat) for the may occur at the project site. The is the host plant for this species. Therefore, the following actions are required:
surveys will need to be conducted by a qualified botanist during the optimal identification period of and prior to any ground disturbance at the site. If is not present on or near (within 15-20 feet) of the site, then no further action for the invertebrate is necessary.
If the is identified at the project site, additional surveys may be required to determine the presence of the . These surveys must be conducted by a qualified biologist by following department protocols. If are not present on site, then no further action is necessary. Both survey results should be submitted to the Endangered Resources Review Program.
If the is present on or near the site or if assuming presence based on the presence of host plants, please coordinate with the ER Review Program on measures to avoid impacts to the invertebrate. If avoidance of all occupied habitat is not possible and the project may result in take of the , the applicant can apply for an Incidental Take Permit.
Special concern terrestrial invert species:
Suitable habitat (describe habitat) for the may occur at the project site. The is the host plant for this species. Although not protected under the state endangered species law, it is recommended that a host plant survey be conducted and if found, impacts to those plants should be minimized or avoided. It is also recommended that the host plant species be included in the restoration seed mix.
T/E terrestrial snails:
The simplest and preferred method to avoid take of the is to avoid suitable habitat. Suitable habitat for this species includes [insert suitable habitat].
Include one or more of the following avoidance measures, as applicable, depending on the project activities and the snail species included in the EO Summary:
• Broadcast spraying of herbicides should be avoided in suitable habitat.
• Incorporate a 50 foot buffer around suitable habitat.
• For the Wing Snaggletooth snail, follow the species-specific Grassland and Savanna Protocols.
If suitable snail habitat cannot be buffered and avoided, please contact the ER Review Program (DNRERReview@) to discuss possible project-specific avoidance measures or to apply for an Incidental Take Permit/Authorization.
For projects that overlap the Karner Blue Butterfly High Potential Range: (pick required radio button)
Refer to the Screening Guidance for the Karner Blue Butterfly
The project is located within the Karner Blue Butterfly (KBB) High Potential Range. The wild lupine (Lupinus perennis) is the host plant for this species and suitable habitat may be present at the project site. Therefore, the following surveys need to be conducted:
1. Wild lupine surveys will need to be conducted by a certified surveyor, () from green-up to July 31 and prior to any ground disturbance at the site. If lupine is not present on the site, then no further action for the butterfly is necessary. Lupine survey forms can be found at the WDNR KBB HCP website ().
2. If lupine is identified at the project site, additional surveys will be required to determine the presence of the Karner Blue Butterfly. These surveys must be conducted by a certified surveyor () during the two peak flight periods (roughly late May - late June and mid July - late August). If KBBs are not present on site, then no further action for the butterfly is necessary. Both wild lupine and KBB survey results should be submitted to the Endangered Resources Review Program.
If the Karner Blue Butterfly is present on or near the site, please coordinate with the U.S. Fish and Wildlife Service (952-252-0092) or the WDNR HCP Coordinator (Rebecca.Roth@) on measures to avoid impacts to the butterfly. If avoidance of all occupied habitat is not possible and the project may result in take of the butterfly, the applicant can become a partner to the Wisconsin Statewide KBB Habitat Conservation Plan (HCP).
If the applicant is an HCP Partner or the project has a Federal Nexus (funding, permitting, land):
• If the project is a partner to the Wisconsin Statewide KBB HCP ask the applicant to follow their specific management protocols developed for HCP partners.
• If your project has a federal nexus along with required or recommended actions then please notify Dawn Marsh, dawn_marsh@.
For projects located within a Rusty Patched Bumble Bee (RPBB) High Potential Zone or when a RPBB EO is within 1 mile of the project (regardless of HPZ location or date of EO)
Refer to the Screening Guidance for the Rusty Patched Bumble Bee (RPBB) for a description of suitable habitat.
1) If suitable habitat is NOT present (language goes in the No Impact section).
This project overlaps the Rusty Patched Bumble Bee High Potential Zone, but the project area does not contain suitable habitat for the bee. The current habitat on site is [describe habitat]. As a result, the bee is unlikely to be present and the project can move forward without restrictions.
2) No federal nexus - If suitable habitat is present. Language goes in the recommended section if within the RPBB HPZ and/or an EO is within 1 mile of the project.
This project [overlaps the Rusty Patched Bumble Bee (RPBB) High Potential Zone] and/or [occurs within 1 mile of a RPBB EO] and contains suitable habitat, describe habitat, for the bee. While take of the bee is prohibited per the federal Endangered Species Act, this project has no federal nexus. Therefore, recommended (voluntary) follow-up actions for the Rusty patched bumble bee may include:
Assuming presence and following one or more of the USFWS’ recommended conservation measures below (as applicable)
For prescribed fire, mowing/haying, grazing, pesticide use and tree clearing/thinning, follow the voluntary conservation measures outlined in the Conservation Management Guidelines for the Rusty Patched Bumble Bee (Bombus affinis) document. ()
For all other projects:
• use native trees, shrubs and flowering plants in landscaping,
• provide plants that bloom from spring through fall (Wisconsin Native Plant Species List: ),
• remove and control invasive plants in any habitat used for foraging, nesting, or overwintering
If suitable habitat is present and none of the above conservation measures can be followed then contact the USFWS Bloomington Field Office at (952) 252-0092 or TwinCities@ for further consultation.
3) Federal nexus - If suitable habitat is present. Language goes in the required section if within the RPBB HPZ.
This project overlaps the Rusty Patched Bumble Bee (RPBB) High Potential Zone and contains suitable habitat for the bee. Project proponents should follow the U.S. Fish and Wildlife Service S7 Guidance: . Follow-up actions may include (as applicable):
• use native trees, shrubs and flowering plants in landscaping,
• provide plants that bloom from spring through fall (Wisconsin Native Plant Species List),
• remove and control invasive plants in any habitat used for foraging, nesting, or overwintering
If suitable habitat is present and will be affected by the project, please contact the USFWS Bloomington Field Office at (952) 252-0092 or TwinCities@ for further consultation. For WisDOT projects, make sure to change the contact to Darin Simpkins at darin_simpkins@ or 920-866-1739.
SC Bumble Bee:
The project has suitable habitat for the Yellow Bumble Bee. Consider implementing the following actions to help maintain and create suitable habitat.
• use native trees, shrubs and flowering plants in landscaping,
• provide plants that bloom from spring through fall (Wisconsin Native Plant Species List: ),
• remove and control invasive plants in any habitat used for foraging, nesting, or overwintering
SC Beetle/grasshopper:
Suitable habitat (describe habitat) for the beetle/grasshopper may be present within the project area. Therefore, it is recommended that work be minimized to the extent practicable, especially from May - June and August – September when the beetle is most active.
SC Snail:
Suitable woodland/prairie habitat for the SC Snail may be present within the project area. Therefore, it is recommended that work take place during frozen ground conditions. In other times of the year, project activities should be minimized to the extent practicable.
Amphibians and Reptiles
See Herp Activity Calendar for more guidance
For projects that will not impact Blanchard’s cricket frogs because the project occurs outside of the extant range (Grant, Iowa, Lafayette, or Vernon counties) and has a last observation date prior to 1990 (reference the Screening Procedures flow chart in the Blanchard’s Cricket Frog Species Guidance Document). Language goes under no impact.
The Blanchard’s cricket frog has been in decline over the past several decades throughout most of Wisconsin. Per the Blanchard’s Cricket Frog Species Guidance Document, we do not believe cricket frogs are still present in this area, and the project does not need to be altered to avoid impacts to this species. However, if Blanchard’s cricket frogs are observed on site during the course of the project, please contact the Endangered Resources Review Program (dnrerreview@) immediately.
Blanchard’s cricket frogs.
Since suitable habitat for the Blanchard’s cricket frog is present within the project site, one of the following options shall be implemented to avoid take of the species:
a) Avoid work within 75ft of waterways and standing water in wetlands from March 5 – November 30 and within 50ft of standing water from December 1 – March 4. Please note, active dates are updated frequently in the spring, starting in early March, and can be checked here: .
b) Conduct cricket frog breeding call surveys at the site to determine presence/absence (surveys must be conducted according to the Blanchard’s Cricket Frog Species Guidance document). If cricket frogs are not found on site, there will be no project restrictions related to this species. However, if surveys are conducted and cricket frogs are recorded on site, all impacts to the species must be avoided. If impacts cannot be avoided, then an incidental take permit/authorization shall be applied for. Survey results should be submitted to the Endangered Resources Review Program.
If take of the Blanchard’s cricket frog can’t be avoided, one of the following options must be followed in order to ensure compliance with the state endangered species law (s. 29.604, Wis. Stats.).
a) For streambank stabilization, stream crossings, or grassland/savanna management projects, refer to the available Broad Incidental Take Permits/Authorizations (BITP/A). If the project meets the criteria for any of these permits/authorizations, the BITP/A can be utilized for the project. All criteria within the BITP/A, including reporting requirements, must be satisfied for take to be legally covered.
b) Apply for an Individual Incidental Take Permit/Authorization.
Pickerel frog:
The pickerel frog has been recorded within the vicinity of the project area and suitable habitat may be present on site. Although not required, we recommend that you avoid or minimize take of the pickerel frog. Recommended avoidance and minimization efforts include 1) conducting work when the pickerel frog is active and not breeding (September 1 - October 31), 2) conducting site surveys to confirm presence/absence of the species or 3) avoiding/minimizing impacts to areas of suitable habitat.
Slender glass lizard, Ornate Box Turtle, Queensnake or Western Ribbonsnake:
Suitable habitat for the Slender glass lizard/Ornate Box Turtle/Queensnake/Western Ribbonsnake appears to be present within the project boundary, therefore one of the following options should be implemented to avoid take of the species.
1. Avoid work and access within areas of suitable habitat to avoid take of the lizard/turtle/snake.
2. Have a qualified biologist (someone with experience with the slender glass lizard/ornate box turtle/queensnake/Western ribbonsnake and its habitat) conduct a habitat assessment of the area to confirm suitable habitat will or will not be impacted and/or how the project can be altered to avoid suitable habitat. Submit results for concurrence to the Endangered Resources Review Program (DNRERReview@) before proceeding.
3. Apply for an Incidental Take Permit ().
Please note, active dates are updated frequently in the spring, starting in early March, and can be checked here:
For projects impacting water and herp species are present (e.g., drawdowns, dredging, rip rap repairs/installation, sea wall repairs/installation, ditch filling):
Conduct all work during the minimum active period for Wisconsin’s amphibian/reptile species: May 1 – September 30. This means that the entire drawdown must be conducted during this time period (e.g., drawdowns must begin within this period and the lowest water level must be reached within this period).
If the above dates are not feasible for dredging, rip rap installation, sea wall installation or ditch filling, these dates can be extended later into the fall and earlier in the spring, as long as water temperatures remain at 55° F or warmer (temperature is typically measured 1 meter from shore and 1 meter deep).
If the above dates are not feasible for drawdowns, rip rap repairs or sea wall repairs, these dates can be extended later into the fall and earlier in the spring, as long as water temperatures remain at 60° F or warmer (temperature is typically measured 1 meter from shore and 1 meter deep).
Blanding’s Turtle:
Since suitable habitat for the Blanding’s Turtle is present within the project site, the following measures can voluntarily be implemented to avoid impacts:
Overwintering areas – Blanding’s turtles typically overwinter in wetlands or water bodies with standing water at least three feet deep. Because this species can be found in these wetlands and water bodies throughout the year, impacts to these wetlands and water bodies should be minimized at all times.
Non-overwintering areas – For wetlands / water bodies shallower than three feet at the deepest point, conduct work outside of the Blanding’s turtle’s active season (March 5 – November 15). The installation and maintenance of exclusion fencing using the WDNR Amphibian and Reptile Exclusion Fencing Protocol is an avoidance option that can be used during this period as long as the exclusion fencing is installed between November 16 and March 4. Work can then be conducted within the fenced area at any time of year as long as the fencing is maintained.
Upland nesting habitat – Avoid work in suitable upland nesting habitat (sandy and/or well-drained soils) within 275 m (900 ft) of a wetland or water body during the Blanding’s turtle’s nesting period (May 20 – October 15). The installation and maintenance of exclusion fencing using the WDNR Amphibian and Reptile Exclusion Fencing Protocol is an avoidance option that can be used during this period as long as the exclusion fencing is installed between October 16 and May 19. Work can then be conducted within the fenced area at any time of year as long as the fencing is maintained.
If avoidance dates and fencing cannot be implemented, it is recommended to walk through or gently disturb the project area immediately prior to disturbance. While this will not protect nests, it may allow turtles to move out of the area and avoid take. If a turtle is found, please carefully move it to suitable habitat outside the project area.
Please note, inactive dates are updated frequently in the Fall, and can be checked here:
Wood Turtle. The Wood Turtle screening guidance can also assist.
For projects that can be covered by the General Wood Turtle BITP. Wording goes into the required section.
Suitable habitat for the Wood Turtle appears to be present within 300m of the [project location]. Therefore, to follow the General Wood Turtle BITP/A, the measures below must be followed:
- No ground disturbance, heavy equipment operation or supply/equipment storage within nesting habitat (exposed sand or gravel areas within 200 ft of a suitable stream/river) during the nesting season (May 20 – September 18) unless herp exclusion fencing has been installed or the habitat has been made unsuitable outside of these dates.
- Instream work and drawdowns during the maximum overwintering period (October 1 – April 30) is not allowed. In stream work includes, but is not limited to, streambank/rip rap installation, ford installations, open cut trenching, and dredging.
- Project personnel (individuals on site for project purposes rather than for the purpose of looking for turtles) must move any turtles observed on site out of harm’s way.
- Land conversion activities (e.g., new development, road expansion, etc.) that permanently alter or reduce habitat are not allowed unless avoidance measures are put into place.
Please contact me to discuss further options if these actions cannot be followed.
Please note, active dates are updated frequently in the spring, starting in early March, and can be checked here:
For projects that can be covered by the Streambank Wood Turtle BITP (less than 1000ft of rip rap). Choose required radio button.
Suitable shoreline habitat for the Wood Turtle appears to be present within the [project location]. Therefore, the Streambank Wood Turtle BITP/A must be followed: .
Please contact me to discuss further options if these actions cannot be followed.
For all other Projects that cannot be covered by the Wood Turtle BITPs listed above when permanent habitat loss is expected: (only use wording that applies to the project habitat being affected)
*Suitable waterway definition: Wood turtles overwinter in streams, creeks, rivers or moving flowages, that are greater than 5 feet across during normal flow conditions.
Since suitable habitat for the Wood Turtle is present within the project site, the following measures are required:
• No instream work and/or drawdowns can occur during the maximum overwintering period of October 1 – April 30. In stream work includes, but is not limited to, streambank/rip rap installation, ford installations, open cut trenching, and dredging.
• No ground disturbance, heavy equipment operation or supply/equipment storage can occur within nesting habitat (exposed sand or gravel areas) within 200 ft of a suitable waterway during the nesting season (May 20 – September 18) unless exclusion fencing following WDNR’s Amphibian and Reptile Exclusion Fencing Protocol has been installed outside of these dates. Work can then be conducted within the fenced area at any time of year as long as the fencing is maintained.
• Uplands within 0-75 meters of suitable stream edge – avoid ground disturbing activities within 0-75 m (0-246 ft) of a suitable stream edge from March 15 - October 31 unless exclusion fencing following WDNR’s Amphibian and Reptile Exclusion Fencing Protocol has been installed outside of these dates. Work can then be conducted within the fenced area at any time of year as long as the fencing is maintained.
• Uplands within 75-300 meters of suitable stream edge – avoid ground disturbing activities within 75-300 m (246-984 ft) of a suitable stream edge from May 15 - September 15 unless exclusion fencing following WDNR’s Amphibian and Reptile Exclusion Fencing Protocol has been installed outside of these dates. Work can then be conducted within the fenced area at any time of year as long as the fencing is maintained.
If suitable habitat cannot be avoided, please contact the Incidental Take Coordinator (Rori.Paloski@) to discuss possible project-specific avoidance measures. If take cannot be avoided, an Incidental Take Permit will be necessary.
Please note, active dates are updated frequently in the spring and fall, and can be checked here:
Timber Rattlesnake:
As a species of Special Concern and a Protected Wild Animal, the Timber Rattlesnake is legally protected from intentional killing. If you’d like to completely avoid impacts to the snake, one of the two following avoidance measures can be implemented. Otherwise, please be aware that Timber Rattlesnakes may be present on site and exercise caution if one is found.
Perform work between October 16 – March 31 in non-hibernation habitat to avoid the active season of the Timber Rattlesnake.
OR
Install exclusion fencing prior to April 1 to allow for construction to take place from April 1 – October 15.
Please note, active dates are updated frequently in the spring and fall, and can be checked here:
Please note, these dates can be affected by annual weather conditions, contact the Endangered Resources Review Program (DNRERReview@) with questions.
Eastern Ribbonsnake:
Since suitable habitat for the Eastern Ribbonsnake is present within the project site, the following measures shall be implemented to avoid take:
Conduct work activities a minimum of 10 m (33 ft) from the shoreline of a water source during the snake’s summer active period (June 1 – August 31), or a minimum of 175 m (574 ft) from the shoreline of a water source during the snake’s traveling and overwintering period (September 1 – May 31).
The installation and maintenance of exclusion fencing using the WDNR Amphibian and Reptile Exclusion Fencing Protocol is an avoidance option that can be used as long as the exclusion fencing is installed at least 33 feet from the shoreline of a water source during the snake’s summer period (June 1 – August 31). Work can then be conducted within the fenced area at any time of year as long as the fencing is maintained. If the Project cannot completely avoid suitable snake habitat by implementing the appropriate time-of-year avoidance buffers and/or implement the exclusion fencing protocol, please contact the BNHC Incidental Take Coordinator to discuss possible project-specific avoidance measures. If take cannot be avoided, an Incidental Take Permit will be necessary.
Please note, active dates are updated frequently in the spring, starting in early March, and can be checked here:
Butler’s Gartersnake/Plains Gartersnake:
Since suitable habitat for the Butler’s Gartersnake/Plains Gartersnake is present within the project site, the following measures can voluntarily be implemented to avoid take:
Wetlands – Butler’s/Plains Gartersnakes are typically present in open to semi-open canopy wetlands year-round. Because this species can be found in this habitat throughout the year, impacts to these wetlands should be minimized at all times. Having the work take place during the active or inactive season can also be recommended depending on the activities taking place.
Uplands – For semi-open canopy uplands within 300 ft (91 m) of a wetland, conduct work outside of the Butler’s/Plains Gartersnake active season (March 5 – November 15). The installation and maintenance of exclusion fencing using the WDNR Amphibian and Reptile Exclusion Fencing Protocol is an avoidance option that can be used during this period as long as the exclusion fencing is installed between November 16 and March 4. Work can then be conducted within the fenced area at any time of year as long as the fencing is maintained.
Otherwise, if a snake is found, please carefully move it to suitable habitat outside the project area and photodocument if possible, for verification.
Please note, active dates are updated frequently in the spring, starting in early March, and can be checked here:
Mink Frog
Suitable habitat (rivers and lakes with bog shoreline habitats) for the mink frog may be present within the project area. Recommended avoidance and minimization efforts include 1) conducting non-aquatic work when the mink frog is hibernating (November - March), 2) conducting site surveys to confirm presence/absence of the species, 3) avoiding/minimizing impacts to areas of suitable habitat, and/or 4) carefully moving any frogs found out of the project area.
Gophersnake/North American Racer/Gray Ratsnake/Prairie Ring-necked Snake/Lined Snake
Suitable upland habitat for the Gophersnake/North American Racer/Gray Ratsnake/Prairie Ring-necked Snake/Lined Snake appears to be present within the project area. Caution should be used if work is completed during the active season (mid March – October). If a snake is found, please carefully move it out of harm’s way or wait for it to move on its own. Otherwise, it's preferred that work take place during their inactive season (November – mid March).
Smooth Softshell
Since suitable habitat for the Smooth Softshell is present within the project site, the following measures can voluntarily be implemented to avoid impacts:
Smooth Softshells can be found within the Wisconsin River year-round although are most vulnerable during the winter months. Therefore, impacts should be minimized at all times.
Upland nesting habitat – Avoid work in suitable upland nesting habitat (sandy and/or well-drained soils) within 100 m of the Wisconsin River during the turtle’s nesting period (June - September). The installation and maintenance of exclusion fencing using the WDNR Amphibian and Reptile Exclusion Fencing Protocol is an avoidance option that can be used during this period as long as the exclusion fencing is installed between October and May. Work can then be conducted within the fenced area at any time of year as long as the fencing is maintained.
Otherwise, if a turtle is found, please carefully move it to suitable habitat outside the project area.
Four-toed Salamander
Suitable habitat (hardwood forests and wooded wetlands) for the Four-toed Salamander appears to be present within the project area. Recommended minimization efforts include:
Conducting above-ground work in uplands when the Four-toed Salamander is active (April 1 - October 31) or in wetlands under frozen ground conditions.
OR
Avoiding/minimizing impacts to areas of suitable habitat.
Otherwise, if a salamander is found, carefully move it to suitable habitat outside the project area.
Prairie Skink/Six-lined Racerunner
Suitable habitat (prairie or barrens with sandy or loose soils) for the Prairie Skink/Six-lined Racerunner may be present within the project area. Recommended avoidance and minimization efforts include:
1) conducting above-ground work when the lizard is active (May 1 - September 30) or under frozen ground conditions, or
2) avoiding/minimizing impacts to areas of suitable habitat.
Turtle Crossings
For projects that are adjacent to or within a turtle crossing corridor:
Use the summary paragraph below as well as all other options that apply to the project.
This project is known to occur within a low/medium/high recorded usage turtle crossing corridor. Turtles often use these corridors to migrate to and from overwintering, foraging, and upland nesting sites which can lead to long-term population declines of both rare and common species. Therefore, it is recommended that the project look into one or more of the following minimization options to reduce the likelihood of turtle mortality. To learn more about the Wisconsin Turtle Conservation Program (WTCP) or to submit a turtle sighting, please visit the WTCP site: .
Carefully move all turtles found within the project area to areas of suitable habitat immediately outside the project area.
Exclusion Fencing – Exclusion fencing is used to keep turtles out of active project areas, although used alone it will not fully protect turtles from road crossings. This fencing type can be utilized throughout the timeframe of the project or permanently installed in areas to keep turtles out of an area indefinitely. Wisconsin Department of Natural Resources’ Amphibian and Reptile Exclusion Fencing Protocols can be found at
Wildlife Underpass – When utilized with fencing, wildlife underpasses, are the most effective method for minimizing direct road mortality.
a. Culverts – The most successful culverts for use as wildlife underpasses are flat bottomed or arched culverts that feature high openness ratios (i.e., high light levels). To increase natural light levels, utilize larger culvert diameters (3 feet diameter minimum) and attempt to make the culvert as short as feasible. For projects where achieving appropriate natural light levels are insufficient, consider utilizing artificial lighting in culverts (solar panel powered). Other projects have built in grates on the road to allow light penetration into the middle of the culvert. In addition, soil and gravel lining the bottom of the culvert promotes high passage levels.
b. Bridges – Bridges are natural funnels for aquatic herptiles; however, if not completed correctly, can serve as mortality areas for turtles. Large boulders are typically used near bridge abutments; however, they can easily trap hatchling turtles if not filled with interstitial fill (1-2 inch rock). Turtle walkways (flat walkways of 1-2 inch rock) are also beneficial at stream/river banks (as opposed to large boulders lining the stream/river banks). Walkways also promote increased turtle mobility and passage.
c. Fencing – Successful underpasses typically incorporate fencing or a similar barrier in their designs to keep turtles from accessing roads by funneling them under the road and also to prevent nesting female turtles from laying eggs on gravel road shoulders. A variety of fencing or similar barrier can be used, including chain link fences and cement barriers. Determining the proper chain link fencing size should always be sized to prevent the passage of the smallest turtle that is documented crossing there. Fencing should be 2-3 feet high, dug into the ground at least 1 foot, and capped (on top) with smooth plastic. Such specifications will prevent turtles from climbing over the fence and limit/prevent turtles (and mammals) from burrowing under the fence (allowing access to roads). Turnarounds at the ends of fenced in areas are an effective and important tool used to direct turtles back to the wildlife underpass. Maintenance of fencing and adjacent woody vegetation (if vegetation gets too high or close, turtles can use it to climb over the top of the fencing/barrier) is best done during non-critical times of the year for turtles, such as fall and winter.
Curbing – Standard high curbing prevents small turtles from easily exiting roads, therefore leading to increased levels of road mortality. Cape Cod curbing, D-curbing, or something similar that allows for turtles to easily exit roads is recommended.
Habitat/Nest Site Restoration – Management and restoration of turtle habitat can often be a successful tactic to direct species away from transportation infrastructure, and therefore lessen mortality. For example, creating or restoring existing nest sites for gravid female turtles near wetlands and waterbodies but away from roads is a reliable method to lessen female mortality and to increase hatchling success rates (high nest predation rates typically occur along road shoulders). It is also worthwhile to minimize the attractiveness and accessibility of road shoulders to turtles that are drawn to these habitats.
Turtle Bridges (Railroad Crossings) – Railroads can cause mortality in areas where tracks parallel rivers and wetlands. Turtles often get trapped inside tracks while attempting to cross from one habitat to another. Many lack the ability to climb over the tracks and eventually overheat/die. In such mortality areas, the creation of turtle bridges, where gravel/rocks are dug out between two railroad ties, offers turtles a chance to walk under the tracks to wetlands/uplands. Turtle bridges are best placed 50-100 feet apart in known mortality areas, and do not serve as inconveniences to passing trains.
Road Right-of-Way Management
a. Avoid or minimize mowing road shoulders from mid-May to mid-July to increase the chance of successful hatches among turtles.
b. Use spot treatment methods to spray or mow invasive species along roadsides.
c. Remove roadside brush from fall to early spring.
Road Crossing Signs/Stencils – Road signs and stencils are often utilized in areas where the duration of turtle crossings occurs over longer time periods in the spring, summer, and fall. Signs and stencils are used to promote public awareness to the crossing area, in addition to warning motorists to slow down when passing. Local roads and/or WDOT approval(s) may be necessary.
Birds
See the WI Bird nesting Calendar for information on avoidance dates
Bald Eagles
For projects that intersect with a bald eagle nest. Actions are required.
An eagle nest has been recorded in the vicinity of the project area. Eagles are very sensitive to human disturbance, especially during the breeding and nesting seasons. Per Fish and Wildlife Service guidelines, human activity should be avoided from January 15 – July 30 within 660 feet of an active bald eagle nest.
Please note, that the bald eagle is federally protected by the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act. Visit the USFWS Bald Eagle Management website () to determine specific guidelines and conservation measures for your specific project activity.
For projects within 1 mile of a bald eagle nest that do NOT intersect, and suitable habitat is present. Actions are recommended.
This project is within 1 mile of a bald eagle nest and suitable habitat for the eagle is present in the project area. If an eagle nest is present and active, then human activity should be avoided from January 15 – July 30 within 660ft of the nest.
Please note, that the bald eagle is federally protected by the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act. Visit the USFWS Bald Eagle Management website () for detailed guidelines and conservation measures for your specific project activity.
For projects that do NOT intersect with a bald eagle nest and no suitable habitat is present.
This project is within 1 mile of a bald eagle nest. However, based on the distance to a known nest location and the absence of suitable nesting habitat in the project area, we do not anticipate any impacts.
T/E birds:
Suitable habitat (describe habitat) for the may be present within or immediately adjacent to the project area. The birds and their nests and eggs are also protected under the federal Migratory Bird Treaty Act (MBTA). To avoid impacts to this listed species, the project shall follow one of the two options below:
i) Assume the birds are present on the site, and avoid all disturbances to the project site from . If the project cannot completely avoid all areas of suitable habitat during this time frame, please contact me to discuss other options.
ii) Not assume the birds are present on the site and have a qualified biologist conduct surveys to determine if they are present (see list of pre-qualified surveyors, ).
If the is not found on the site as a result of the surveys, there will be no project restrictions related to these species. If surveys show the species is recorded, option (i) must be followed above. Survey results should be submitted to the Endangered Resources Review Program.
Special concern birds:
Suitable habitat (describe habitat) for the may be present within or immediately adjacent to the project area. Although not protected under the state endangered species law, it is recommended that disturbances to the project site be avoided from to avoid impacting this species.
Bird rookeries (intersects or within 300m)
A bird rookery is known to be present at the project site or within 300m of the site. While these birds may not be protected by Endangered Species laws, the birds and their nests and eggs are protected under the federal Migratory Bird Treaty Act (MBTA). Communal nesting birds are sensitive to human disturbance near and around rookeries, particularly during the nesting season. The best management practice would be to avoid project activities from mid-March through July. In addition, it’s recommended to maintain a 300m buffer, containing vertical or standing vegetation, around the perimeter of the rookery and keep disturbance to a minimum.
Migratory Bird Concentration Sites (only if project intersects)
A migratory bird concentration site is known to be present within the project area. Sites are used by many different species, both rare and non-rare, and while these birds may not be protected under endangered species laws, they are protected under the federal Migratory Bird Treaty Act (MBTA). It is recommended that disturbance be kept to a minimum during the spring and fall migration seasons (March 15 – May 31 and August 1 – October 31).
Invasive Species
For projects with the potential to spread or introduce invasive species (e.g., roads, trail construction, equipment). Use appropriate paragraphs for the project:
One of the most significant potential impacts to the threatened, endangered, and special concern species in proximity to the project site is invasive species. Additional information on invasive/exotic plant and animal species is available at .
Roads and trails are well documented vectors for the spread of invasive species, particularly plants. Invasive species can be spread during the construction of the trail by materials or equipment or during its use upon completion of the trail. All surfaces of construction equipment should be thoroughly cleaned of mud and debris from previous work sites to prevent the spread of invasive species.
When reseeding impacted areas, be sure to use native local seed mix that does not contain invasive species. If you need contact information for local distributors we can provide you with some suggestions. Further, when deciding on what species you will use for your prairie, wildlife garden, and other landscaping, be sure not to include invasive species like buckthorn, honeysuckle, or any of the species listed on the DNR non-native plant list.
We recommend the use of certified noxious-weed-free forage and mulch as a preventive measure to limit the spread of noxious weeds. This voluntary certification program, operated by the Wisconsin Crop Improvement Association, is designed to assure that certified mulch meets minimum standards designed to limit the spread of noxious weeds.
The applicant, contractor, and all sub-contractors shall ensure that all equipment used for the project has been adequately cleaned of aquatic and terrestrial invasive species prior to being used in waters or wetlands of the state. Equipment shall be cleaned when invasive species are present in one area of the project before working in an area where invasive species are not present.
For projects in or adjacent to wetlands or waterways, inspection for and removal of all plant materials and draining of all waters from equipment should be done routinely after every project, regardless of whether the site is currently infested. All equipment that comes in contact with infested waters or wetlands including, but not limited to, tracked vehicles, tires, boats and motors, sheet piling, pumps and hoses, sandbags, and boots must be thoroughly cleaned. Turbidity barriers and curtains used on sites in infested waters shall not be re-used on future projects. The contractor or sub-contractor shall use the following inspection and removal procedures:
1) Inspect boat hulls, propellers, trailers, tires, boots, and other surfaces and remove any aquatic plants (fragments, stems, leaves, or roots), animals, or mud and dispose of debris in a garbage can prior to leaving the water access area;
2) Drain all water from boats, trailers, bilges, live wells, coolers, buckets, engine compartments, pumps/hoses and any other areas where water may be trapped;
3) Wash all equipment, including boats (inside and outside) with high-pressure or hot water (greater than 104° F).
4) OR, allow all equipment, including boats to thoroughly air dry for 5 days prior to use.
Small Mammals
American marten:
Suitable habitat for the American marten will be impacted by this project. Projects that pose the highest threat to American martens are those that cause permanent fragmenting of forest cover. To avoid potential take of dependent kits, do not cut trees between March 15 and May 31.
Prairie Vole/Franklin’s Ground Squirrel/Prairie Deer Mouse:
Suitable grassland/open to semi-open habitat for the prairie vole/Franklin’s ground squirrel/prairie deer mouse may be present within the project area. Therefore, it is recommended that work be minimized to the extent practicable, especially during the summer and winter months when the vole/squirrel/mouse is most vulnerable.
Woodland Jumping Mouse/American Water Shrew
Suitable habitat (forested or brushy areas near water, wet bogs, or stream borders) for the Woodland Jumping Mouse/American Water Shrew appears to be present within the project area. Therefore, it is recommended to minimize impacts when working in these areas to the extent practicable. Leaving habitat such as brush piles or downed woody debris is also recommended.
Northern Flying Squirrel
Suitable woodland habitat for the Northern Flying Squirrel may be present within the project area. Therefore, it is recommended that work (especially tree clearing) be minimized from May – September when kits are present. Additionally, avoid harvest of snags, trees with cavities, witches’ brooms, and visible dreys, which may contain natal nests.
Mammals – Bats
For every review you must determine if the EO is a hibernaculum or maternity roost tree. To find this out, click ‘Download detailed EO data’ on the EO Summary results page to open the Detailed EO data report. Then walk through the Northern Long-eared Bat (NLEB) Screening Guidance
For projects with a Federal Nexus (federal funding, land, or permit) and your EO Summary has a Northern Long-eared Bat (NLEB).
FWS is using larger buffers in iPaC than those included in the NHI Portal. If your project involves a federal nexus the federal action agency will need to complete the federal review process through iPaC to satisfy federal requirements.
If your project involves timber harvest, prescribed fire, or forestry road and recreational trail construction and maintenance follow the requirements of the Bat HCP (DNR Staff Only). Non-DNR staff can contact Heather Kaarakka.
Guidance for projects with the potential to impact a NLEB hibernaculum (no federal involvement).
If your proposed project intersects a NLEB hibernaculum EO on the map then your project is within a .25 mile. There can be no impacts to the entrance or hibernacula, including no tree clearing within a .25 mile at any time of year. Please consult with the ER Review Program (DNRERReview@) prior to proceeding and completing the review so we can help you create follow-up actions. Make sure that the project is saved so you can come back at a later time to the ‘projects’ tab and finish the review letter using the guidance provided to you during the consultation process.
Guidance for projects with the potential to impact a NLEB maternity roost tree (no federal involvement).
If your proposed project intersects a NLEB maternity roost EO on the map then your project is within the 100 meter mapped buffer and therefore within the 150 feet restriction distance of no tree clearing from June 1 to August 15. Please consult with the ER Review Program (DNRERReview@) prior to proceeding and completing the review so we can help you create follow-up actions.
If your project does not overlap and does not involve tree clearing then no further action is needed.
For projects that do not have a NLEB EO within the EO Summary.
No further action is necessary for your ER Review. If your project has a federal nexus then the federal action agency or their authorized representative will need to complete the federal review process through iPaC to satisfy federal requirements. Add wording into the Additional Recommendations section at the end of the review referencing the need to go to iPaC.
For building demolition and other miscellaneous building projects (roofing, painting, siding), tree cutting, bridge projects, and wind energy development that could impact bats.
Refer to the Cave Bat Broad Incidental Take Permit and Authorization (BITP/A) for restrictions. Projects not covered under this BITP/A shall consult with the ER Review Program or DNR Bat Ecologist J. Paul White at 608-267-0813, John.White@ for further information on avoiding impacts to bats.
For projects involving tree clearing that have the Big Brown, Little Brown, or Tricolored bat.
The bat has been recorded in the vicinity of the project area. Tree removal occurring as part of this project is covered for take by the Cave Bat Broad Incidental Take Permit and there are no required actions for this species. However, it is recommended that special consideration be given to protecting snags or dying trees (if present), particularly from June 1 – August 15.
Natural Communities
Natural community (intersect or immediately adjacent):
The may occur within the project site. Natural communities may contain rare or declining species and their protection should be incorporated into the project design as much as possible. We recommend minimizing impacts to, implementing invasive species BMPs, and/or conducting work under frozen ground conditions when working within or adjacent to this natural community.
For projects that do not overlap or are not immediately adjacent to the natural community:
The mapped is not within or adjacent to the project area. Therefore, no impacts are expected.
Plants & Lichens
T/E plants on public lands (project is not an agriculture, forestry, utility, or bulk sampling project). Include the Rare Plant Survey Guidelines document as an attachment to the finalized review letter.
Suitable habitat (describe habitat) for the on public land may be impacted by this project. To avoid take of this species, one of the following options shall be implemented:
1. Avoid work within areas of suitable habitat to avoid take of this species.
2. Conduct plant surveys at the site to determine species presence/absence (see list of pre-qualified surveyors). If the is/are not found on site, there will be no project restrictions related to this/these species. However, if surveys are conducted and this/these is/are recorded on site, all impacts to the species must be avoided; if take cannot be avoided an incidental take permit/authorization shall be applied for. Survey results should be submitted to the Endangered Resources Review Program.
Special concern plants or listed plants on private lands or on public lands and the activity is exempted (agriculture, forestry, utility, or bulk sampling project):
Suitable habitat for the may be impacted by this project. Although not required because , we recommend that you avoid or minimize take. Avoidance and minimization efforts may include:
• site surveys to confirm presence/absence of species and fencing off areas of occupied habitat, or
• conducting work above ground (avoiding impacts to the root system) during the plant’s dormant season (XX – XX).
Survey results should be submitted to the Endangered Resources Review Program.
Lichen:
Suitable habitat (describe habitat) for the may be present within the project area. Therefore, it is recommended that tree clearing be minimized and that work take place during frozen ground conditions. In other times of the year, project activities should be minimized to the extent practicable. In addition, leaving trees and downed woody debris onsite or moving offsite is also recommended.
State Natural Areas
For projects located within a State Natural Area:
The proposed project is located within the . State Natural Areas (SNAs) protect outstanding examples of Wisconsin's native landscape of natural communities, significant geological formations and archeological sites. Wisconsin's SNAs are valuable for research and educational use, the preservation of genetic and biological diversity, and for providing benchmarks for determining the impact of use on managed lands. They also provide some of the last refuges for rare plants and animals. State Natural Areas are protected by law from any use that is inconsistent with or injurious to their natural values (s. 23.28, Wis. Stats.) and you will need to contact the State Natural Areas Program if you are unable to avoid impacts to the .
For projects located near a State Natural Area:
The is located . State Natural Areas (SNAs) protect outstanding examples of Wisconsin's native landscape of natural communities, significant geological formations and archeological sites. Wisconsin's SNAs are valuable for research and educational use, the preservation of genetic and biological diversity, and for providing benchmarks for determining the impact of use on managed lands. They also provide some of the last refuges for rare plants and animals. Because will not be directly impacted by the proposed project, I do not expect any impacts to the SNA as a result of project related disturbance. However, a SNA within close proximity may indicate increased biodiversity within the project site and special attention should be given to protecting the local biodiversity.
Appendix A: Certified Reviewer email template
For use by Certified ER Reviewers only. Use this language when submitting a proposed ER Review to the Certification Program.
Don’t forget to include the following documents in your email:
✓ Map(s) delineating the project area, preferably a digital orthophoto and/or topographic map.
✓ If possible, ground photographs that show the vegetation and habitat present on site.
✓ For long linear projects you will need to also send in the excel sheet along with the Proposed ER Review Letter Template.
Submitting a project for the first time
Hi Stacy and Angela,
I just submitted a proposed ER Review via the Portal for the “XXX”. Please see attached supporting material.
Clarification/Questions/Comments on Determinations Made: XXX or none
Submitting a Renewal
Hi Stacy and Angela,
I just submitted a renewed ER Review via the Portal for the “XXX”. Please see attached supporting material.
What factors, if any, of the project prompted renewing the review (timing, location)? XXX
Did species information change? Yes/No If yes, what changed? XXX or n/a
Clarification/Questions/Comments on Determinations Made: XXX or none
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