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Turtle best management practices for development projects

Turtle best management practices for development projects

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.  
  • If the project results in mortality of 2 or more turtles in one day, operations should 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.  
  • 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.