Are bats haunting your upcoming development project? Here’s what you need to know to comply with threatened bat species guidelines and avoid costly delays to your project.
How Bats Impact Your Development Project
Millions of bats throughout North America have been ravaged by white-nose syndrome (WNS); a rapidly spreading disease caused by a fungus that attacks bats during hibernation.
The Wisconsin Department of Natural Resources (WDNR) classifies the eastern pipistrelle, the big brown bat, the little brown bat, and the northern long-eared bat (NLEB) as threatened species on the state level. If your project has the potential to impact these bats or their habitat, you may need to obtain certain permits and/or authorizations from the WDNR to avoid costly delays.
Northern Long-Eared Bat; pc: U.S. Fish and Wildlife Service
The Northern Long-Eared Bat and 4(d) Rules
The NLEB is most widely impacted by WNS throughout the United States and is listed as a threatened species on the federal level by the U.S. Fish and Wildlife Service (USFWS). Requirements to avoid negatively impacting the NLEB are specified by the Endangered Species Act (ESA) Section 4(d) (known as 4(d) rules).
4(d) rules designate specific regulations to protect and conserve threatened species. The 4(d) rule for the NLEB affords protections during the most vulnerable periods in the bat’s life, especially in areas heavily impacted by WNS.
pc: U.S. Fish and Wildlife Service
Inside a designated WNS Zone, the 4(d) rule states:
All take within known NLEB hibernacula (caves and mines where bats hibernate) is prohibited.
Incidental take caused by tree removal is prohibited without a permit if tree removal occurs within .25 miles of a known hibernaculum.
Incidental take caused by tree removal that destroys a known occupied maternity roost tree or any other trees within a 150-foot radius of a maternity roost tree from June 1 – July 31st (pup season) is prohibited.
*Take is defined as: to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.
Unsure if your project will be impacted?
As a general guideline, the USFWS and the WDNR recommend that any tree clearing be limited to the November 1 through March 31. However, exact location information for hibernacula and maternity roost trees is not readily available in the state of Wisconsin, therefore it can be difficult to know whether or not your development project will require state or federal permits without the help of an expert. Our Environmental Services team can work with you to demonstrate state/federal regulatory compliance and avoid costly project delays.
For more information, contact our team today!
ABOUT THE AUTHOR
Nicholas P. Connor, MS
Senior Biologist
Senior Biologist Nick Connor, MS, has a focus on urban river systems and Environmental Risk Assessment. His technical experience is in critical issues and feasibility studies, ecological restoration, stream restoration, and slope stabilization for water quality and habitat improvement to help achieve both development and watershed management goals. He is a key project coordinator for site constraints analysis, wetland delineations, threatened and endangered species assessments, and permitting evaluations for both municipal and private sector clients, including solar developers.