Incidental Take Public Notice:

Proposed Biltmore Estates Development

The Department of Natural Resources proposes to authorize the "incidental takings" of the State-Threatened Butler’s gartersnake (Thamnophis butleri) resulting from the Biltmore Estates residential development proposed by D & K Builders. The 75-acre site is located at the intersection of Lawnsdale Road and Racine Avenue, in the southwest quarter of Section 29, Township 6 North, Range 20 East in City of New Berlin, Waukesha County.

The proposed residential development includes 13 lots and each lot will be a minimum of 5 acres. The existing habitat on-site was analyzed by the Department and it was determined that the site includes 2.08 acres of suitable snake habitat. Snake surveys were not conducted. The Department has classified the site according to the draft Butler’s Conservation Strategy as a Tier 1 site, meaning that the site offers only minimal conservation value to the long-term protection of the snake due to the habitat’s size and quality.

As a result of classifying the site as providing only minimal conservation value, the Department has determined that no conservation measures are required. In addition, the project is not likely to jeopardize the continued existence and recovery of the state population of these snakes or the whole plant-animal community of which they are a part and has benefit to the public health, safety or welfare that justifies the actions.

Copies of the jeopardy assessment and conservation measures are available below or upon request from:

Information & Supporting Materials:
Jeopardy Assessment and Background Information [PDF 73KB]