Tree clearing timing requirements
By: Dale Gade, Project Development Engineer
MnDOT has released Tech Memo No 24-02-ENV-01 (PDF), which addresses when tree clearing is appropriate as it relates to several existing protections and one new protection. The Migratory Bird Treaty Act of 1918 covers clearings conducting between April 15th to August 31th. The Bald and Golden Eagle Protection Act of 1940 covers some situations from takes during November 15th to March 31st. The newly listed Federally Endangered Northern Long Eared bat has some protections regarding tree clearing operations during the April 1st to November 14th season.
These various protections make it even more difficult to conduct preconstruction site prep ahead of construction projects and is an imperative reason to clear all activities during the Cultural, Noise, and Threatened and Endangered Species Review Request seeking Cultural Resources Units review. The newly released tech memo identifies guidelines for federal and non-federal undertakings, what clearing activities may proceed with or without environmental review, and what to do during emergency situations.
Under the Federal Undertakings a project must have Endangered Species Act (ESA) clearance through the MnDOT Office of Environmental Stewardship (OES) even if the tree clearing is done under a separate contract from the main project using local funds, done by internal forces, or done by permit. Clearing can proceed after ESA clearance during the winter months, November 15th to March 31st, and outside of those times under certain circumstances when trees are deemed to be non-suitable habitat. Deviations will need to coordinated with OES Wildlife Ecologists.
The MnDOT Tech memo does not obligate Cities and Counties to follow MnDOT’s guidance but does provide guidance to consider when managing those non-State facilities. Any questions please contact Dale Gade at dale.gade@state.mn.us or 651-366-3822.