Any project that has the potential to impact threatened or endangered resources or their habitat should be reviewed. Generally, a review should take place for all on-the-ground projects (land and water management, development, restoration, utility, etc.).  Even if a project is not state or federally conducted, funded, or approved, it is still subject to state and federal endangered species laws.

Timing

When it comes to timing, the earlier the better! Often there can be timing restrictions (e.g., to avoid breeding or growing seasons) or field survey requirements that can affect your project schedule. Ideally, the review should be finished well ahead of when the project is scheduled to begin (about a year beforehand is recommended).  

The Process

Endangered species are regulated differently at the State and Federal Levels. Follow this quick hit guide documenting the processes to meet compliance requirements. Both the State and Federal reviews follow the same general process:

  1. Using an online tool, screen the project area and a conservative boundary around the project area for potential habitats/known species presence.

  2. Review the potential habitats/known species presence vs. the actual impacts proposed by the project.

  3. If potential habitats or species are present, work through ‘avoidance measures’ to avoid impacting species during designated times or through specific construction methods.

  4. Work through a Broad Incidental Take Permit, which is used for authorizing common activities. Not all projects will be covered under this permit.

  5. Perform a site visit to verify the actual presence of species.

  6. If required, work through an Individual Take Permit.

State

What is an Endangered Resource (ER) Review?

Rusty Patched Bumblebee

In the State of Wisconsin, any project that has the potential to impact threatened and endangered species must be assessed to ensure compliance with Wisconsin’s Endangered Species Laws.  This process begins with completing an ER Preliminary Assessment through Wisconsin’s Natural Heritage Inventory (NHI) database which will help guide your next steps.   

If your project’s ER Preliminary Assessment results in “An ER Review is Required” that is when you request an ER Review. An ER Review consists of screening a proposed project area for potential impacts to threatened and endangered species.  These reviews comply with Wisconsin’s Endangered and Threatened Species Law (s. 29.604, Wis. Stats), the Federal Endangered Species Act, and other laws and regulations protecting endangered resources. Once an ER Review is submitted, a letter is submitted to WDNR for review and consultation compliance.

Federal

The policy set forth by Congress under the Endangered Species Act (ESA) requires all federal departments and agencies to conserve endangered species and threatened species. Further, federal agencies are required to cooperate with the WDNR to resolve water resource issues (i.e., through permits) to meet the conservation objectives for endangered species. 

Section 7 (formal consultation) of the Act is necessary if a federal permit or grant/loan funding is applicable for a specific project.  If you have a potential project that could require an Army Corps permit, funding under a grant (from EPA, for example), or a loan (USDA construction loan, for example), you will need formal consultation. 

Monarch Butterfly Caterpillar

what is the information for planning and consultation tool?

The online tool named, Information for Planning and Consultation (IPaC), is a planning tool through the U.S Fish & Wildlife Service (USFWS) that streamlines the environmental review process. This tool is available to anyone who needs information to assist in determining potential impacts to natural resources for proposed activities.

Using IPaC, you will receive an ‘official species list’ for your project. This species list will include an effect determination. Possible effect determinations may include:

  • No effect

  • Not likely to adversely affect

  • May affect

If your project results in a “May Affect” determination, generally additional information is needed to fully evaluate the potential effects of covered listed species, and additional documentation or coordination is likely needed.

Lupine. Home of the Karner Blue Butterfly.

Typical Outcomes of Threatened and Endangered Species Reviews

Some common outcomes of threatened or endangered species reviews include:

  • No further action/No effect determination

  • Coverage under the Broad Incidental Take Permit/Authorization (BITP/A) for no/low impact activities

  • Avoidance measures, examples include:

    • Required timing restrictions

    • Stringent erosion control measures

    • Bat box installation

  • Field surveys

  • Recommended voluntary conservation measures

What if my Project Changes?

Modifications to your project should be evaluated for potential impacts if:

  • More than one year passes from when the project was initially reviewed with the state, and if more than 90 days pass with the Federal government

  • Changes to the project timing that result in clearing or grading activities starting during a different season

  • The disturbance footprint changes and could affect the habitat

  • New information comes to light that is indicative of the presence of a protected species or the discovery of a critical habitat that could be directly impacted

We can help!

If you are unsure whether your project should be evaluated again, contact our team to assist in ensuring your project is meeting threatened and endangered species requirements.

At R/M, we have three WDNR Certified ER Reviewers on our team: Kaley Simonis, Nick Connor, and Tiffany Wagner. Our team of experts are trained to conduct thorough reviews and secure concurrence from WDNR, ensuring that proposed projects adhere to the latest regulations and best practices for protecting endangered resources and their habitats. Additionally, our team has extensive experience working through USFWS Section 7 compliance. By incorporating threatened and endangered species reviews early in the planning and development process, we can help identify potential risks and recommend mitigation measures, while maintaining compliance with regulatory requirements. Let our Experts guide your project toward success, while ensuring the protection of our threatened and endangered resources!

About the Author

TIFFANY M. WAGNER 
ENVIRONMENTAL SCIENTIST 

Tiffany serves as a key member of the Environmental Services Team where she actively supports biological field work, and contributes to wetland, waterway, and habitat evaluations. She conducts assessments of environmental impacts on natural and cultural resources, including threatened and endangered species. Tiffany also collaborates with multiple communities, providing assistance in MS4 permit compliance, stormwater management, and TMDL implementation.