Endangered Resources Review Process for Potential Development Projects

The Wisconsin Department of Natural Resources (DNR or Department) evaluates each proposed project in relation to the Butler’s gartersnake to determine which, if any, of the three conservation tiers a site falls within and recommends or requires appropriate conservation measures per the Butler’s Gartersnake Conservation Strategy. In many cases, the classification system evaluates suitable habitat for the Butler’s gartersnake because the actual presence or absence of the snake is not yet known. Project proponents are required to conduct surveys to confirm presence/absence for all Tier 3 sites to ensure that protected sites do have confirmed snake records.

Note: A site’s conservation value can change as habitat quality and quantity improves or declines.

The evaluation of a site according to the Butler’s Gartersnake Conservation Strategy occurs within existing DNR review processes to ensure appropriate consideration for potential impacts to all rare species and natural communities within the Natural Heritage Inventory (NHI) Database, including the Butler's gartersnake. The two processes highlighted here are specifically for the development community (residential and commercial development) within the Butler’s range to ensure that project applicants have a clear understanding of how to proceed with proposed projects in light of the Conservation Strategy.

I. All proposed development projects that require a DNR permit are screened for NHI issues by the regional permit staff as part of the permitting process. For example, projects that require a stormwater permit or water quality certification are reviewed by the appropriate permitting staff person. The Department staff person will work directly with the applicant to resolve any issues that arise regarding endangered resources. However, permits are sometimes applied for late in the planning/design process. In other cases, projects are not required to obtain a DNR permit.

II. If state permits are not required for a project or a project applicant wishes to get an early reading on endangered resource issues (i.e. prior to permit application), they may submit projects directly to the Endangered Resources (ER) Program for review. This will allow rare species concerns, including the Butler’s gartersnake, to be incorporated into their plans efficiently and for the greatest benefit for the project proponent and the rare species. It also ensures the project proponent is consistent with state and federal laws. A review request must be submitted to ER by the landowner(s) or with landowner(s) consent and carries a required fee.

The ER Program's Review Process outlined below reviews existing NHI records for all rare species, including the Butler’s gartersnake.

Endangered Resources Review Process

1) Applicant fills out Environmental Review Request Form - Form 1700-047 [PDF] indicating location and nature of the project. The form should be accompanied by an aerial photograph depicting the project boundary, a topographic map, wetland delineation report (if one has been completed), digital photos that depict all existing site conditions, a preliminary development plan that depicts the construction footprint, and any other information that will assist staff in completing the review.

2) ER staff reviews the proposed project area and identifies any threatened, endangered, or special concern species or unique or sensitive natural communities that occur or could occur in the project area, including the Butler’s gartersnake.

3) An ER Review letter is provided to the project proponent indicating if there are any rare resources that would be impacted by the proposed project and recommendations on how to proceed with regards to those resources. This letter addresses all rare resource concerns in the project area and should be provided as part of any subsequent permit application so DNR Southeast Region permit staff know an ER review has already been completed.

a. If there is potential for the Butler’s gartersnake to occur in the project area, DNR staff will evaluate the site according to the Butler's Gartersnake Conservation Strategy and classify the site into one of three Tiers. The results of the Conservation Strategy determination are included within the review letter from ER. If a project impacts a Tier 3 site the following requirements will apply:

• If a project falls within the Indeterminate Zone, surveys will be required for all projects, regardless of whether or not snake presence has already been confirmed. The Indeterminate Zone is a small area at the southern edge of the Butler’s gartersnake range where additional sampling is required to determine whether true Butler’s or hybrid gartersnakes are present. Surveys within the Indeterminate Zone will include a morphological analysis of snakes captured. It is anticipated that the DNR will conduct the surveys and morphological analyses with no cost to the project applicant.
• If a projects falls within the Butler’s gartersnake range, but outside of the Indeterminate Zone, Conservation Measures, including snake surveys to verify the presence or absence of snakes, will be required or recommended according to the Conservation Strategy. This determination will be based on known or likely Butler’s gartersnake occurrences and suitability of habitat in the project area.

b. If snake surveys are conducted, permission from the landowner(s) is required in writing prior to surveys being conducted.

c. DNR Staff will continue to work with the applicant to address Butler’s Gartersnake issues or other endangered resource concerns as appropriate, including incidental take authorization if necessary.

4) The letter from ER only addresses endangered resource issues. It does not constitute Department of Natural Resources authorization of the project and does not exempt the applicant from securing necessary permits or additional approvals from the Department.