Habitat management and rare species review

MassWildlife’s Natural Heritage and Endangered Species Program reviews habitat management projects and activities to help ensure compliance with certain provisions of the Massachusetts Endangered Species Act (MESA).

Review of habitat management plans

We review habitat management plans when proposed treatment areas coincide with Estimated Habitat and/or Priority Habitat. We review these plans to determine whether the proposed actions will result in harm to state-listed rare species or their habitats, termed a Take under the MESA. We also review these plans to determine whether the proposed actions are exempt from standard project-filing requirements under the MESA’s "Habitat Management Exemption" (321 CMR 10.14(15)) or whether the project requires a full MESA review (321 CMR 10.18). A project that qualifies for the Habitat Management Exemption is one that promotes:

“the active management of State-listed Species habitat, including but not limited to mowing, cutting, burning, or pruning of vegetation, or removing exotic or invasive species, for the purpose of maintaining or enhancing the habitat for the benefit of rare species, provided that the management is carried out in accordance with a habitat management plan approved in writing by the Division;” (321 CMR 10.14(15))

Projects that typically qualify for the Habitat Management Exemption include (but are not limited to):

• Terrestrial invasive species control
• Prescribed fire
• Planting of native species
• Creation/augmentation/restoration of certain habitat types (e.g., early successional forest, wetlands and vernal pools, pitch pine barrens, turtle nesting habitats)

Projects that may qualify for the Habitat Management Exemption, depending on the details of the individual project, include (but are not limited to):

• trail maintenance
• Foot/minor stream/wetland crossings
• gate, fence, bench, or kiosk installation
• dam removal
• manual removal of aquatic invasive plants 

Projects that don’t typically qualify for the Habitat Management Exemption and instead require full MESA review (321 CMR 10.18), include (but are not limited to):

• new trails or trail re-routes
• trail widening or tread conversion (e.g., natural surface to stonedust)
• bridge/culvert replacement or installation
• chemical/mechanical aquatic plant management

In order to qualify for the Habitat Management Exemption, a habitat management plan must be approved in writing by the Division. We recommend contacting us early in the planning process to confirm whether your project qualifies for the Habitat Management Exemption and discuss how to address rare species concerns and opportunities in your habitat management plan prior to submission.

Pre-file consultation

If you are unsure whether your project qualifies for the Habitat Management Exemption, and or to discuss how to address rare species concerns and opportunities in your habitat management plan prior to submission, please request a pre-filing consultation. When inquiring, please submit:

• Description of the project
• Map showing location of the property
• Conceptual site plan (if available)
• Any other pertinent information regarding the proposed project

For more information, see How to request a pre-filing consultation. You can expect to hear back within 2 weeks of submitting your request.

Once you have confirmed that your project qualifies for the Habitat Management Exemption, complete and submit a MESA Project Review Checklist. When filling out the form select "Exemption - Habitat Management Plan" on the Fee tab when using the Heritage Hub to confirm no fee required or submit a paper form and indicate exemption in the fee section.

We will then provide a determination letter confirming that the project is exempt and whether any special conditions are required to avoid impacts to state-listed rare species or their habitats.

Common conditions

Projects that qualify for the Habitat Management Exemption are sometimes required to implement special conditions designed to protect state-listed rare species and their habitats. Common conditions for habitat management projects include (but are not limited to):

• Time of year restrictions
• Turtle protection plans
• Canopy retention requirements
• Management tool limits or requirements
  • Example 1: in some areas invasive plant control may proceed if utilizing hand wiping or injection but not with a backpack sprayer to avoid unintended contact of herbicides with rare plants growing in the same area.
• Management technique limits or requirements
  • Example 1: botanical surveys to identify and avoid rare plants prior to invasive species control.
  • Example 2: mowing may occur if resulting clippings are removed afterwards to avoid developing a thick thatch over time.
  • Example 3: mowing may occur if the mower deck is raised to a set height.
  • Use of seed or plants native to the county, as provided in the The Vascular Plants of Massachusetts: A County Checklist.

Long-term management plans

We also review Forest Management Plans, Forest Stewardship Plans, Agricultural Plans, and other property-wide management plans where habitat management activities are anticipated to occur for many years. For convenience and ease of planning, especially for large properties, we encourage landowners to request a pre-filing consultation to discuss a property-wide review.

As an example, many landowners anticipate conducting invasive species control, timber harvests, and possibly prescribed fire over various portions of their properties over a number of years. We can review all proposed or potential activities up front and provide feedback on how to address rare species concerns and opportunities.

For activities like invasive species control and prescribed fire, we can issue a comprehensive determination, valid for 5 years. For timber harvestings, we are able to review pertinent Forest Management Plans and/or Forest Stewardship Plans and provide feedback on the likely conditions that may be placed on future harvests when reviewing the subsequent Forest Cutting Plans with the Department of Conservation and Recreation’s Service Forestry Program. The approach of early and comprehensive consultation provides landowners with information to support proactive planning as well as a more efficient, streamlined review process.

Rare plant considerations for habitat management

Habitat management projects often benefit rare plants in the long-term by reducing competition with non-native species and restoring important habitat structure and function. However, rare plants are also susceptible to direct harm when habitat management activities are taking place and you may be required to implement protective measures to avoid or minimize this harm.

Therefore, a habitat assessment or botanical survey in advance of or during certain habitat management activities in rare plant habitat may be needed. Some rare plants can only be identified during certain times of the year, which may result in a different review timeline relative to rare wildlife. In these situations, more advanced planning is necessary and early consultation with us is encouraged.

Please see the rare plant protocols for different types of habitat management projects and ways the we typically review them.

Additional Resources

Protocols for Protection of Rare Plant Species

Contact

For questions please contact Alexandra Echandi, Endangered Species Review Biologist, at 508-389-6354 or [e-mail].