Minnesota Department of Transportation

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Project development

Environmental process | Environmental review

Fish and Wildlife

Purpose

The purpose of the fish and wildlife coordination is to ensure that the state conserves, maintains, and manages fisheries and wildlife resources, minimizes effects of development on aquatic and terrestrial wildlife and habitats, and re-establishes aquatic and terrestrial habitats after construction.

Early identification of potential impacts to State and Federally protected fish and wildlife allows MnDOT to coordinate with State (e.g. MNDNR) and Federal (e.g. USFWS) agencies to avoid, minimize, and mitigate potential impacts. These coordination efforts may allow the incorporation of avoidance and minimization measures into project designs and schedules and ensure timeliness of project delivery.

When to use this subject

Whenever a project impacts public waters or public water wetlands, the Minnesota Department of Natural Resources (MNDNR) Public Waters Work Permit Program applies. The permit may include avoidance, minimization, and mitigation for fisheries and wildlife resources.

The state and federal migratory bird protections apply whenever a project impacts protected bird species. Minnesota game and fish statutes and the federal Migratory Bird Treaty Act (MBTA) regulate most birds in Minnesota. A small number of non-native bird species, such as house sparrows, pigeons, and European starlings, are unprotected. A depredation permit from the Minnesota Department of Natural Resources (MnDNR) and the US Fish and Wildlife Service (USFWS) must be obtained to kill birds and/or destroy active nests (i.e., nests with eggs or babies). 

Nesting season varies between species and years, but peak nesting season occurs as follows:

  • Southern Minnesota: April 15 to August 31
  • Northern Minnesota: May 1 to August 15

Many songbirds lay between 1 and 3 clutches of eggs per season. As a result, nest inspections must be conducted just ahead of potential nest removals to ensure empty nests remain empty.

Common transportation-related activities that affect protected birds include but are not limited to:

  • Building structure maintenance and demolition
  • Bridge painting
  • Bridge rehabilitation
  • Bridge construction
  • Mowing and haying
  • Shrub and tree clearing

The Bald and Golden Eagle Protection Act (BGEPA) applies whenever a project may impact bald or golden eagles and their nests. The Act protects both occupied and unoccupied nests. A MnDNR and USFWS permit is needed to destroy or disturb bald or golden eagles, and to remove a tree containing an eagle’s nest at anytime of the year. Construction activities in proximity (about 660 feet) of a nest may require a permit depending on the timing and scope of proposed activities.

Bald Eagle nesting season varies some south-to-north and from year-to-year, but generally nesting occurs from January 15 to August 31 in Minnesota.

Some common transportation-related activities that may impact eagles include:

  • Road and bridge construction within 330 feet of a nest
  • Tree and shrub clearing within 330 feet of nests or known roosts
  • Nest tree clearing at any time of the year (will require a permit)

See the guidance for Threatened and Endangered Species—Federal and Threatened and Endangered Species—State for more information. For specific process information, see the process, other guidance pages and/or contact the individuals on the contacts page.

How this subject fits into the overall project development process

In all cases, initiate MN DNR and MnDOT Protected Species Program review using the Early Notification Memo (ENM) and complete review by the time the environmental document is finished.

Organizations involved