Get all your fishing information here, including rules and regulations, license info, the weekly fishing report and much more. Use the link above to visit the fishing home page, or go directly to your area of interest below:
Get all your hunting information here, including hunting season dates, rules and regulations, and much more. Use the button above to visit the hunting home page, or go directly to your area of interest below:
Information on DNR shooting and archery ranges, rules and regulations, resources to get started and more. Use the button above to visit the target shooing and archery home page, or go directly to one of the pages below:
Find snowmobile trail permit info, maps, rules and regulations and more. USE THE BUTTON ABOVE TO VISIT THE SNOWMOBILE HOMEPAGE or go directly to you area of interest below:
Find a great trail experience near you - whether you want to hike, bike, snowmobile or ride an ORV. From long, paved linear trails to rugged forest terrain, Michigan offers trail opportunities for all abilities and interests.
Visitor Centers across the state provide education programs, field trips, archery, fishing, trails and much more. Click the box above to see all our locations, or click the individual location below.
We administer grants that enable our local partners to promote the lifestyles we all enjoy by providing recreational opportunities, enhancing wildlife habitat and ensuring public safety. Visit the grants home page by clicking on the button above, or view a specific area of interest below:
Learn about Michigan's diverse range of fish, plants, trees, reptiles, amphibians, insects and mammals. Click the box above to see all species, or click the species group below.
DNR educators across the state provide fun, educational activities, programs and workshops year-round for adults, families and kids. Click the box above to see all our offerings, or click the program below.
DNR educators provide classroom lessons, field trip opportunities, professional development and experiential programs to teachers around the state. Click the box above to see all our offerings, or click the program below.
DNR forest resources professionals maintain healthy forests, manage wildfire, maintain responsible harvesting certifications and improve wildlife habitat. Click the box above to learn more about Michigan's state forests.
The web Browser you are currently using is unsupported, and some features of this site may not work as intended. Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer.
This document is designed to provide guidance on state Threatened and Endangered (T&E) Species Permits for prospective permit applicants for high-speed internet projects. It provides information on the state law, our overall process, and specific information based on project type and land ownership.
The DNR's T&E permit review timeline does not start until we have all the required documentation. Please be aware that our capacity is limited and permit reviews may take between 90-150 days. We highly recommend that you plan for this and submit your application materials early.
Part 365 of the Natural Resources and Environmental Protection Act (Act 451 of 1994) protects plants and wildlife on Michigan's state threatened and endangered species list from take. Take of wildlife is defined as "to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in any such conduct." From the animal's perspective, anything that causes it to change its behavior has an associated energetic cost and could be considered harassment. Take of plants is defined as "to collect, pick, cut, dig up, or destroy in any manner."
The Michigan Department of Natural Resources (DNR) has authority over Part 365 and may permit take of listed species for: 1) human health and safety, 2) to alleviate damage to property, 3) to propagate listed species in captivity, or 4) for scientific, zoological, or educational purposes.
Streamlining T&E Reviews and Permit Processes for High-Speed Internet Projects
The DNR Threatened and Endangered Species Program has created a streamlined review process and developed tools for high-speed internet projects only. Details are below:
For fiber installation projects only, the DNR will accept a reduced project 0.5 mile buffer distance for desktop reviews. The standard buffer distance for T&E reviews for non-fiber installation projects is 1.5 miles; this includes construction of cell towers and related infrastructure.
Fiber installation projects, including vibratory plow, horizontal directional drilling (HDD), and aerial inserts on existing poles, are only responsible for a reduced list of T&E species that are anticipated to experience impacts.
Requirements for applying conservation measures are limited to a smaller area around known T&E occurrences instead of applying them to the full project footprint.
The DNR T&E program has developed conservation measures and avoidance options for many species for high-speed internet projects.
DNR T&E partnered with the Michigan Department of Transportation, Department of Labor and Economic Opportunity Michigan High Speed Internet office (MIHI), U.S. Fish and Wildlife Service (USFWS), Michigan Natural Features Inventory (MNFI), and industry professionals to develop operationally feasible BMPs.
The DNR T&E program has coordinated with USFWS to make sure the state's BMPs are consistent with the guidance provided by the Service as well as consistent with the DNR's federal Endangered Species Act agreements.
For plants and animals that are both federally and state listed, for fiber installation projects only, the DNR will accept a permit or approval from USFWS to satisfy permitting requirements for those species under Michigan state endangered species law.
The DNR T&E program will extend the duration of BEAD-related permits to March 31, 2031 to reduce administrative burden associated with permit renewals.
The DNR has provided trainings through MIHI for Internet Service Providers (ISPs).
The DNR has streamlined the easement process on DNR land across divisions.
All the above BMPs, Conservation Measures, and tools will be available to consultants and project proponents.
If the high-speed internet project is not eligible for, or cannot follow, the No-take BMPs for fiber optic cable installation, a desktop review is required to initiate the Michigan State Threatened and Endangered Species Permit (T&E permit) review process.
People implementing projects will need to obtain a desktop Rare Species Review (desktop review) from the state's Natural Heritage Database Biotics managed by the Michigan Natural Features Inventory (MNFI), which can be conducted by MNFI or a consultant with a subscription to Biotics. A list of DNR-permitted consultants is available on the DNR T&E Permit website. There is a fee for the desktop review. The Michigan DNR cannot provide desktop reviews.
For projects requiring a multi-year development phase, multiple desktop reviews may be needed for planning purposes.
A review of IPaC for federally listed species is not sufficient to review for state-listed species.
For Projects on DNR Lands
The DNR threatened and endangered species permit process is separate from the DNR easement process. A state T&E permit may be required to conduct activities in the Right of Way even if an easement is not required.
To initiate the Michigan State Threatened and Endangered Species Permit (T&E permit) review process, and to satisfy requirements for DNR Easement or Land Use Permit applications, people implementing projects will need to obtain a desktop Rare Species Review (desktop review) from the state's Natural Heritage Database Biotics managed by the Michigan Natural Features Inventory (MNFI). Any segment of a project that intersects with DNR land must have a desktop review conducted by MNFI; this is due to MNFI having access to protected species data on DNR lands. The desktop review from MNFI will be required to complete an Easement application for DNR land. There is a fee for the desktop review. The Michigan DNR cannot provide desktop reviews.
For projects requiring a multi-year development phase, multiple desktop reviews may be needed for planning purposes.
A review of IPaC for federally listed species is not sufficient to review for state-listed species.
A desktop review will indicate whether there will be potential impacts to, or take of, a known occurrence of rare species. If the project will not result in take of listed species, no state T&E permit is needed. The Michigan DNR does not provide concurrence letters for take assessments.
Surveys
Field surveys for suitable habitat and T&E species can inform the take assessment. If habitat for a species exists in the project site, but the project proponent is unsure if the species is present, a field survey for the species may be appropriate or necessary. Field surveys must be conducted by a qualified surveyor in the appropriate time frame as indicated by the Michigan Natural Features Inventory species pages for plants and animals. Surveys that may result in take must be conducted under a State T&E permit. For plants, if a field survey of the project footprint is conducted in the appropriate window by a qualified surveyor and no plants are found, the applicant may assume that project activities will not result in take of the plant, and therefore a state T&E Permit is not needed. If a consultant identifies listed plant species, they may want to physically mark, flag, and/or geolocate all individuals that intersect with a route so take may be avoided in the construction phase.
No work may begin in an area until all plants indicated in the desktop review are appropriately surveyed for and accounted for with conservation measures or avoidance measures; the earliest project start date possible will coincide with the survey window for the last plant requiring surveys.
Please note that failing to conduct surveys for plants as required to obtain a state T&E permit may lead to significant project delays.
Take Avoidance for High-Speed Internet Projects
The following sections can be used to determine whether take of state T&E species may occur and therefore whether an application for a state T&E permit should be submitted.
T&E Permit Procedures for High-Speed Internet Installation on Non-DNR Lands
If the project cannot follow No-Take BMPs for fiber optic cable installation OR if No-Take BMPs are not available for an installation technology, a desktop review is required.
No-Take Avoidance Measures
If the T&E Procedures for High-Speed Internet Infrastructure Installation on Non-DNR Lands cannot be used for the entire project, a desktop review is required. Project proponents can use DNR-approved No-Take Avoidance Measures to avoid take of listed species indicated in the desktop review. If avoidance measures can be followed for all state-listed species in the desktop review, no state T&E permit is needed. If No-Take Avoidance Measures cannot be followed for all state-listed species in the desktop review, project proponents will need to find another way to avoid take or apply for a state Threatened and Endangered Species Permit through the DNR's T&E website.
Fiber Species Review List
For fiber installation projects only, projects may assume that species NOT on the fiber species review list will not experience take, and therefore no state T&E permit is required.
For species that ARE on the fiber species review list, guidance may be available from the DNR to avoid take. Please check the DNR's T&E website for details.
Combinations
Projects may use a combination of approaches to avoid take as indicated above. For instance, a project may be able to use the "Fiber Optic Cable Installation No-Take Best Management Practices" for some segments of the project and No-Take Avoidance Measures for the species indicated in the remaining segments of the project. Use the Compliance Checklist to document how the project is getting to compliance for each species in the desktop review.
Project proponents can use the Compliance Checklist to help conduct the take assessment. The Compliance Checklist can help identify compliance mechanisms for listed species. At least one compliance mechanism must be identified for each species indicated in the desktop review or on-site surveys. If the project can identify compliance mechanisms that avoid take, no state Threatened and Endangered Species Permit will be necessary. If no avoidance strategies are available from the DNR, but applicants make a recommendation for appropriate conservation measures, permit turnaround times can be reduced. If a permit is needed, submit the Compliance Checklist as an excel file separate from other required documentation.
Projects may want to hire a consultant to help fill out the Compliance Checklist. A current list of DNR-permitted consultants can be found on the DNR's T&E website.
The state Threatened and Endangered Species Permit application can be found on the DNR's T&E website. There is no fee to apply. All permit applications will require the Threatened and Endangered Species Permit Application. Please do not include Personal Identifiable Information in your emailed attachments and supporting documents. Email your additional application materials, outlined below, to DNR-StateTEPermit@michigan.gov. Please follow the naming conventions in the table under "Application requirements" below.
Permit review and processing can take 90-150 days after all necessary documentation is received. Applicants are encouraged to apply early to avoid project delays. Projects that may require plant surveys should apply well in advance of appropriate survey windows to avoid project delays.
Application Requirements
Permit information: High-speed internet projects are Development 1 projects. Development permits may be held by consultants, project managers, developers, or other project proponents. Please keep in mind that the individual holding the permit is responsible for compliance, including ensuring the project adheres to conditions of the permit, actions of sub-permittees, and submitting annual reports, sometimes for several years after the development work concludes. Applicants may submit additional project descriptions, information, engineering schematics, or images, but the items in the application requirements checklist below must be included for an application to be considered complete. Duration of Development 1 permits is typically 3 years. BEAD-related permits will extend to March 31, 2031 to align with the grant cycle and reduce administrative burden associated with renewals.
Permit type: Development 1.
Justifications for permit: human health and safety; scientific, zoological or educational.
2-page executive summary of project and impacts to species; please include: potential threatened or endangered species within your project footprint, actions that could impact threatened or endangered species at project site, description of any off-site impacts that can be anticipated (e.g., excessive noise, herbicide drift, downstream affects), description of area and habitat, GPS location. Please name the document: Applicant Name_ExecutiveSummary
Report from desktop review of the State's Natural Heritage Database Biotics. See requirements for DNR land above. Please name the document: Applicant Name_DesktopReview
Aeriel photo or spatial data (one or the other is required). Please name the document: Applicant Name_LocationInfo
Compliance Checklist. Submit the Compliance Checklist as an excel file separate from other required documentation. Filling the checklist with conservation measures or avoidance measures will expedite permit processing. Please name the document: Applicant Name_ComplianceChecklist
For projects involving multiple entities (e.g., consultant, engineer, project manager, developer, etc.), a max 1-page communication plan outlining how and when information will be shared between parties. Please name the document: Applicant Name_CommsPlan
If proposing translocation of plants as a conservation measure, provide methods for translocation and plans for 3-years monitoring. Please name the document: Applicant Name_TranslocationPlan
Your application should include all of the above components for us to process your permit. Please submit items 2-7 in the box above to DNR-StateTEPermit@michigan.gov. Please include "Applicant Name_Fiber Application Requirements" in the subject line of the email.
Department of Natural Resources staff will consult with species experts and other resources to develop Conservation Measures to reduce the level of take for listed species. We highly recommend applicants follow previously developed Conservation Measures where available; this will make the permitting process as efficient as possible. Conservation Measures will become conditions of the permit. Project applicants can also propose Conservation Measures in their permit application, when previously developed ones are not available or feasible. DNR staff will work with applicants wherever possible to find appropriate Conservation Measures for projects.
Your T&E permit will be a formal authorization letter with standard permit conditions and project-specific Conservation Measures. Permits are issued to one individual; the DNR cannot issue a permit to a business or organization. Conservation measures and methods indicated in the application materials become binding upon approval of the permit unless otherwise indicated in the permit letter. Changes to your permit may be approved as amendments, pending additional review from the DNR. Permittees may apply for amendments via the form on the DNR's T&E website.
Annual and/or final reports are required to maintain threatened and endangered species permits and obtain future permits.
Most high-speed internet installation permits will be issued under a Human Health & Safety justification. Under this justification, often no reports are necessary, unless data is collected. Then, digital data (excel, shapefile, csv) that includes reporter, data, species, GPS location must be submitted to DNR-StateTEPermit@michigan.gov OR data must be entered into MNFI's Rare Species Form. Depending on project specifics, you may be asked to report on plant translocation and monitoring or industry innovations to support conservation.
Data collected via annual reports will be added into the state's Natural Heritage Database Biotics, which is managed by Michigan Natural Features Inventory, to inform future conservation efforts.
Q: How do I review my project for species listed under the federal Endangered Species Act?
A: The U.S. Fish and Wildlife Service has authority over the federal Endangered Species Act, and reviewing projects for federally listed species is a separate process. While your desktop review may indicate the potential for federally listed species at your project site, a complete review for federally listed species requires project proponents to enter their project into the Fish and Wildlife Service's Information for Planning and Consultation (IPaC) (https://ipac.ecosphere.fws.gov/) online project planning tool. Start by entering your project location and details into IPAC and request an official species list. Depending on the project, you may be able to use the Determination Keys (DKeys) to determine if the proposed action has the potential to adversely affect threatened or endangered species and designated Critical Habitat.
For additional guidance for High-Speed Internet Installation Projects, please contact the U.S. Fish and Wildlife Service's Michigan Ecological Services Field Office at eastlansing@fws.gov.
Q: What are sub-permittees?
A: One individual must be listed as the permittee on a threatened and endangered species permit, but sub-permittees may also be listed. All sub-permittees must follow the permit conditions but may work independently from the permit holder. The permittee is responsible for training sub-permittees, reporting, and compliance with the permit.
Q: I want to hire a consultant to help me navigate the state's threatened and endangered species permitting process. Does my consultant need to hold a State Threatened and Endangered Species Permit?
A: Consultants will need to hold a State Threatened and Endangered Species Permit if their activities will result in take. Consultants do not need a permit to conduct desktop reviews or for visual-only field surveys, providing animals are not harassed and listed plants are not trampled.
Q: How can I find a DNR-permitted consultant?
A: A current list of DNR-permitted consultants can be found on the DNR's endangered species website.
Appendix: T&E Permit Procedures for High-Speed Internet Infrastructure Installation on Non-DNR Lands: External Guidance
Version: 30 September 2025
Project proponents are required to follow all other applicable state and federal laws, including complying with the Federal Endangered Species Act by reviewing projects through the U.S. Fish and Wildlife Service's online IPaC tool and consulting with the Michigan Field Office, if necessary.
Fiber Optic Cable Installation No-Take Best Management Practices: Vibratory Plow, Horizontal Directional Drilling (HDD), and Aerial Inserts on Existing Poles
These BMPs only apply to installation of fiber optic cable installation via vibratory plow, horizontal directional drilling (HDD), or aerial inserts on existing poles.
If you can follow these Fiber Optic Installation No-Take Best Management Practices, you do not need a state T&E Permit because we do not anticipate take of listed species.
For Companies Working in Local Agency Program Road Rights-of-Way Not on DNR Land
Fiber optic cable may be installed via horizontal hydrological drilling or via vibratory plow within 6 feet of the gravel shoulder or curb of the road or 6 feet of the back slope of the ditch and inside of the mowed safety and visibility area (typically one-to-two mower widths or 10-12 feet, AASHTO Safety Guidelines for Clear Vision). The mowed area must have been mowed for the past 5 years.
Fiber optic cable may be installed via horizontal directional drilling or via vibratory plow within segments of the project that include land that does not have natural habitat available, and currently has buildings or structures, paved or gravel parking lots, row crops, long-term mowed lawn in an urban/suburban landscape, or boat docks. The area must have met these requirements for the past 5 years.
No review of the state's Natural Heritage Database Biotics managed by the Michigan Natural Features Inventory will be required if the fiber optic cable can be installed within the areas described above. Areas of rights of way (ROWs) contain habitat where many listed species thrive and are subject to state threatened and endangered species protections and review. Areas in the Right of Way that have been comprised of mowed turf grass for 5+ years do not require threatened and endangered species review.
Equipment must not leave the areas defined in the first two bullets; this includes parking and staging areas.
Fiber optic may be installed via aerial inserts on existing poles if equipment (such as a bucket truck) does not leave the areas defined in the first two bullets. If equipment leaves the areas defined in the first two bullets, a desktop review of the state's Natural Heritage Database Biotics managed by the Michigan Natural Features Inventory is required.
Survey during drilling operations to ensure observation of any inadvertent releases. Frac-outs, or unintentional release of hydraulic fluid, should be reported to the DNR within 24 hours at DNR-StateTEPermit@michigan.gov.
When installing fiber optic cable under wetlands or flowing water (e.g., streams, rivers), cable must be bored at least 10 feet below the streambed; this is consistent with EGLE regulations.
Use wildlife-safe materials for erosion control and site restoration. Eliminate the use of erosion control products containing plastic mesh netting or other similar materials that could entangle wildlife. For more information on wildlife-friendly erosion control, see guidance from the U.S. Fish and Wildlife Service: Make the Change to Wildlife-Friendly Erosion Control Products! | U.S. Fish & Wildlife Service (fws.gov).
We recommend reseeding with native vegetation, including pollinator-dependent species; do not use turfgrass mixes in habitat for threatened and/or endangered species.
Use BMPs to avoid establishment of invasive species.
Project proponents and their contractors, employees, and volunteers must take steps to minimize the risk of spreading terrestrial or aquatic invasive species.
Follow guidance in "DNR Wildlife Division Terrestrial Invasive Species Decon Methods and Checklist 2025." An equipment list is included in the document.
Visible dirt, mud, debris, and plant material must be removed from all equipment, vehicles, trailers, footwear, clothing, and handheld gear prior to arriving at any project site and between project sites to avoid the spread of invasive plant materials.
Both inside and outside of vehicles should be cleaned.
Any portion of equipment exposed to potential invasive species must be free of weeds, seeds, and soil.
Fiber installation projects are high risk for spread of invasive species due to distances traveled operating in high-disturbance areas, and potential for impacts to endangered species habitat in the ROW.
Known invasive species infestations should be avoided when possible.
Minimize disturbance to sites by using existing trails, staging areas and points of access where possible.
Tree cutting and removal must follow seasonal restrictions provided by the U.S. Fish and Wildlife Service to prevent impacts to bats, if applicable.
If the above BMPs are not acceptable, project proponents will need to obtain a desktop review of the state's Natural Heritage Database, Biotics, managed by the Michigan Natural Features Inventory and consult with the DNR to determine the need for a state threatened and endangered species take permit.
Projects may instead choose to follow the No-Take Avoidance Measures available to all Development Group 1 projects.
For Companies Working in Michigan Department of Transportation State and Interstate Highways/Trunkline Roads Not on DNR Land
Follow ROW Fiber Optic Best Management Practices advisory notice from MDOT. Review projects according to the MDOT Trunkline Fiber Screening Layer.
Vibratory plow, horizontal directional hydrologic drilling (HDD), or aerial inserts on existing poles may be used to install fiber optic cable in MDOT Trunkline ROW with MDOT's written approval. MDOT Environmental Services Section may request surveys to evaluate take of listed species. For HDD, existing drill pads/bore pits (previously excavated soil) must be used whenever possible.
Fiber optic cable that intersects MDOT Plant Protected Areas or Environmentally Sensitive Areas must work with MDOT Environmental Services Section and approval is required in writing before work begins; lines can be installed above or below ground based on MDOT's review.
When installing fiber optic cable under wetlands or flowing water (e.g., streams, rivers), cable must be bored at least 10 feet below the streambed to protect mussel species. This is consistent with EGLE regulations.
Equipment must be used when the ground is dry or frozen to avoid rutting or compacting the soil. Follow the DNR Program for Turtles Impacted by Development Projects.
Tree cutting and removal must follow seasonal restrictions provided by the U.S. Fish and Wildlife Service to prevent impacts to bats, if applicable.
Any fiber installation technology is permissible with a review of the state's Natural Heritage Database, Biotics, managed by the Michigan Natural Features Inventory that indicates no potential take of T&E species.
Survey during drilling operations to ensure observation of any inadvertent releases of hydraulic fluid. Frac-outs, or unintentional release of hydraulic fluid, should be reported to the DNR at DNR-StateTEPermit@michigan.gov within 24 hours.
Fiber Optic Cable Installation: Aerial Inserts on New Poles
No No-Take BMPs developed. Installation of new poles or creation of new Rights of Way require full T&E review and consultation with DNR T&E.
High Speed Internet Installation: Cell Towers
No No-Take BMPs developed. Building new cell towers and related infrastructure requires full T&E review and consultation with DNR T&E.
High Speed Internet Installation: Other Technologies
No No-Take BMPs developed. Installation of satellite infrastructure and other technologies requires full T&E review and consultation with DNR T&E.
Appendix: T&E Permit Procedures for High-Speed Internet on DNR Lands: External Guidance
Version: 30 September 2025
Below is the DNR's process for streamlining permitting and reducing administrative burden for high-speed internet projects occurring on state land.
The DNR threatened and endangered species permit process is separate from the DNR easement process. A state T&E permit may be required to conduct activities in the Right of Way even if an easement is not required.
Easements
Project proponents must follow the DNR's Easement application process. You may apply for an easement here: https://www.michigan.gov/dnr/managing-resources. Project proponents must provide a desktop review from the Michigan Natural Features Inventory to complete the Easement application.
Threatened and Endangered Species Desktop Reviews
Project proponents must obtain a desktop Rare Species Review (desktop review) from the state's Natural Heritage Database Biotics managed by Michigan Natural Features Inventory (MNFI). Any segment of a project that intersects with DNR land must have a desktop review conducted by MNFI; this is due to MNFI having access to protected species data on DNR lands. There is a fee for the desktop review. The Michigan DNR cannot provide desktop reviews.
Reviews on DNR Lands will consider threatened and endangered species on the fiber species review list, include the DNR's dedicated species management areas, and honor the DNR's federal endangered species agreements.
Standard BMPs for T&E on DNR Land
The following BMPs will be required on DNR land and included in Easements where applicable:
Grantee must be in compliance with all local, state, and federal regulations for all maintenance activities. This includes Part 365, Endangered Species Protections, of the Natural Resources and Environmental Protection Act, PA 451, 1994, as amended. The list of species protected under this part is updated periodically. Grantee may contact the Department's representative for additional information. For additional information, visit the DNR's T&E website or email DNR-StateTEPermit@michigan.gov.
When installing fiber optic cable under wetlands or flowing water (e.g., streams, rivers), cable must be bored at least 10 feet below the streambed; this is consistent with EGLE regulations.
Use wildlife-safe materials for erosion control and site restoration. Eliminate the use of erosion control products containing plastic mesh netting or other similar materials that could entangle herps and birds. For more information on wildlife-friendly erosion control, see guidance from the U.S. Fish and Wildlife Service: Make the Change to Wildlife-Friendly Erosion Control Products! | U.S. Fish & Wildlife Service (fws.gov).
We recommend reseeding with native vegetation, including pollinator-dependent species. Do not use turf grass mixes in areas that contain habitat for T&E species.
Use BMPs to avoid establishment of invasive species.
Project proponents and their contractors, employees, and volunteers must take steps to minimize the risk of spreading terrestrial or aquatic invasive species.
Follow guidance in "DNR Wildlife Division Terrestrial Invasive Species Decon Methods and Checklist 2025." An equipment list is included in the document.
Visible dirt, mud, debris, and plant material must be removed from all equipment, vehicles, trailers, footwear, clothing, and handheld gear prior to arriving at any project site and between project sites to avoid the spread of invasive plant materials.
Both inside and outside of vehicles should be cleaned.
Any portion of equipment exposed to potential invasive species must be free of weeds, seeds, and soil.
Fiber installation projects are high risk for spread of invasive species due to distances traveled operating in high-disturbance areas and potential for impacts to endangered species habitat in the Right of Way.
Known invasive species infestations should be avoided when possible.
Minimize disturbance to sites by using existing trails, staging areas and points of access where possible.
Applicants are required to follow all other applicable state and federal laws, including complying with the Federal Endangered Species Act by reviewing projects through the U.S. Fish and Wildlife Service's online IPaC tool and consulting with the Michigan Field Office, if necessary.
Take
The DNR will coordinate with MNFI to streamline permitting and/or identify ways to avoid take of listed species to avoid the need for a permit. If take cannot be avoided, a state T&E permit is needed in addition to the DNR Easement.
Timelines
Please allow 30 days to obtain a desktop review from the Michigan Natural Features Inventory. If a state T&E permit is required, allow 90-150 days after all supporting documentation has been received for issuance of a state T&E permit. The DNR T&E program will make every effort to coordinate with the DNR's Land Use Easement staff to run concurrent processes and reduce timelines overall.
Appendix: No-Take Avoidance Measures by Taxa Group Adapted for High-Speed Internet Projects
Version: 06/03/24; expiration date: 03/30/27
No-Take Avoidance Measures are ways to completely avoid Take for a particular species, which when implemented does not require a T&E species permit for that species; other state and federal permits may be required. These will be added to the conditions of the permit, if a permit is required for other species. The current version of the No-Take Avoidance Measures will be included in your permit.
No-Take Avoidance Measures may not be used for the species in the Sensitive Species List. Please visit the DNR's T&E website for details.
No-Take Avoidance Measures may be updated periodically as new information becomes available or as species status changes and they have an expiration date. Therefore, if your project goes past the expiration date, the measures need to be reevaluated.
All Species
If project is in entirely Developed Land and will not impact anything outside of the existing footprint, we expect no take, and no state T&E species permit is needed. For the purposes of high-speed internet installation, developed Land is defined as:
In Local Agency Program (including County Road Commission) ROWs, areas within 6 feet of the gravel shoulder or curb of the road or 6 feet of the back slope of the ditch and inside of the mowed safety and visibility area (typically one-to-two mower widths or 10-12 feet, AASHTO Safety Guidelines for Clear Vision). The mowed area must have been mowed for the past 5 years.
Land that does not have natural habitat available, and currently has buildings or structures, paved or gravel parking lots, row crops, long-term mowed lawn in an urban/suburban landscape, or boat docks. The area must have met these requirements for the past 5 years.
If project's impact footprint (including downstream impacts, noise and pesticide drift) is outside of species habitat, we expect no take, and no state T&E species permit is needed.
Birds
If a project can meet the following criteria, we expect no take, and no state T&E species permit is needed. These No-Take Avoidance Measures do not apply to wind projects, and projects that have the potential for Ongoing Take (e.g., airports, golf courses, residential projects, new roads, etc.); see DNR guidance for nesting season dates and habitat for each listed species:
Project is conducted outside of nesting season.
Project is conducted outside of nesting habitat during nesting season; species-specific nesting seasons are listed in DNR guidance.
Mammals
If a project can meet the following criteria, we expect no take, and no state T&E permit is needed:
Cougar: Any project that has a cougar occurrence can proceed without a permit; species readily moves.
If a project can meet the following criteria, we expect no take, and no state T&E permit is needed; these avoidance measures may not be used for eastern fox snake, six-line racerunner, and Western lesser siren:
Project is conducted outside of the active season (see DNR guidance), does not include earth moving, will not result in any hydrological alterations, and includes a 50 m buffer around any wetlands.
Insects
If a project can meet the following criteria, we expect no take, and no state T&E permit is needed:
Bees & Butterflies: Project is land or habitat management and activities will occur during the winter with more than 4 inches of snow, there is no earth moving involved, and the project is not in a wetland.
Aquatic insects: Project does not include any hydrologic alterations or pesticides. In-stream work is acceptable.
Snails & Fish
We currently do not have avoidance measures that could result in no take for snails or fish, consequently all projects that may impact state-listed snails or fish require a full review. WLD requires consultation with Fisheries Division on fish reviews.
Mussels
Mussel survey and relocation protocols have been developed and all projects that may impact state-listed mussels are required to go through the protocol and a full review; WLD defers to Fisheries Division on whether surveys are required.
If a project can meet the following criteria, we expect no take, and no state T&E permit is needed:
Project impact footprint does not impact stream, river, pond, or lake, or alter hydrology, or result in runoff that would impact mussel species.
Plants
If a project can meet the following criteria, we expect no take, and no state T&E permit is needed:
Project conducts a survey and avoids the footprint of any listed plants.
Plants that are indicators for rare communities, and hence might harbor additional listed plants and animals, are exempt and will require a full review; refer to DNR guidance.
Some rare plants require disturbance and may not need to be avoided based on the project type; refer to DNR guidance.
Project is conducted outside of species habitat (wetland, forest, grasslands).
Appendix: Program for Turtles Impacted by Development Projects
Version: 27 November 2024
The DNR will not require a state T&E permit for Development projects that may impact individual listed turtles where projects follow the Best Management Practices (BMPs) below. Project proponents must follow all applicable laws, including EGLE wetland regulations and federal requirements, which may require additional permits.
Option 1: Work in the inactive season November 16-March 31 when possible. Work may not result in any hydrological alterations to protect hibernacula (overwintering sites). No in-stream work using heavy equipment may occur.
Option 2: If you cannot use Option 1, and if the project must be conducted in the active season April 1-November 15, fence the project footprint entirely with exclusionary fencing where possible. Have employees, a consultant, or a biomonitor search the area for turtles and place them outside the fence. Any person associated with the project that sees a turtle inside the area of impact during a day's activities may stop what they are doing and physically move that turtle outside the fence. For projects with temporary impacts, the fence must be removed within 15 days of the end of the project.
Option 3: If you cannot use Options 1 or 2, and if the project must be conducted in the active season April 1-November 15, for projects that are prohibitively large to fence; long, linear projects such as roads or utility lines; or projects with a total duration of less than 48 hours, an employee, a consultant, or a biomonitor must search for turtles ahead of heavy equipment and move turtles that may be impacted by construction activities out of the project site, preferably in the direction they were moving. Any person associated with the project that sees a turtle inside the area of impact during a day's activities may stop what they are doing and physically move that turtle outside the area of impact. At a minimum, searching for turtles and removing them from the area of impact must be done at least twice a day during daylight hours on days when work will occur, including prior to beginning work in the morning and again at midday.
If Options 1-3 are not feasible, you may obtain a desktop review of the Biotics database managed by Michigan Natural Features Inventory from MNFI or a consultant with access to Biotics for a fee. If turtle species have been documented to occur in or near the project footprint, contact the Michigan DNR at DNR-StateTEPermit@michigan.gov to determine whether a state T&E permit is needed. If no turtle species have been documented to occur in or near the project footprint, no state T&E permit is needed for turtle species.
Use only wildlife-friendly materials for erosion control and site restoration. Eliminate the use of erosion control products containing plastic mesh netting or other similar materials that could entangle wildlife. For more information on wildlife-friendly erosion control, see guidance from the U.S. Fish and Wildlife Service: Make the Change to Wildlife-Friendly Erosion Control Products! | U.S. Fish & Wildlife Service (fws.gov).
If the project results in mortality of 2 or more turtles in one day, operations must cease for the day.
The following BMPs are recommended:
Ideal turtle exclusion fences are constructed using silt fence a minimum of 3 feet tall, 12 inches of which is buried below ground. Fences should be maintained and kept taught to prevent turtles from breeching the fence. For linear projects, fences should curve away from the exclusion area to discourage turtles from walking around the fence and into the project footprint. Smooth fencing materials are encouraged to prevent turtles and other animals from climbing the fence and entering the project area. Barrier fences should be installed with one-way doors to allow turtles to move out of construction zones.
Avoid rutting caused by heavy equipment. Work when the ground is frozen or dry.
Start work at central point and move outwards to encourage turtles to move out of the construction zone.
Create gradual slopes for easy exit if a turtle does find itself in the construction zone.
Repurpose cleared vegetation as habitat structures such as brush piles out of the way of construction. Habitat structures should not be constructed in a Right of Way.
Protect known nest locations by caging the nest to protect it from predators and disturbance. Nest cages must be designed to allow turtle hatchlings to exit the cage. Alternatively, turtle nests may be excavated and reburied in a safe location. An egg in a turtle nest has a 1% chance of hatching and surviving to age 10; adult females are the most important life stage to protect for turtle conservation.
Where appropriate, create turtle nesting areas and maintain open sandy patches for nesting.
During the active season, speed limits on construction sites, facilities, and access roads (i.e., 2-track and gravel) should be less than 15 mph.
Reseed with native vegetation, including pollinator-dependent species.
Use BMPs to avoid establishment of invasive species.
These BMPs may be used for any species of state-listed or non-listed turtle. Identifying turtles to species is not required.
No report is required. The DNR encourages taking a photo of any Blanding's, spotted, wood, and eastern box turtles encountered and submitting the observations to the Michigan Natural Features Inventory Rare Species Form. The DNR encourages reporting Blanding's, spotted, wood, and eastern box turtles killed by project activities to DNR-StateTEPermit@michigan.gov.
These BMPs may be used as a compliance mechanism in the Compliance Checklist.
These BMPs provide a conservation benefit to both listed and unlisted turtles. Moving state-listed turtles out of the road, where safe, is appropriate and does not require a state T&E permit. This Program will limit administrative and reporting burden for both project proponents and the DNR's T&E program while capturing turtle location data.
