On January 22, 2016, the Maryland Department of Natural Resources (MDNR) published a proposed regulation in the Maryland Register. The advertised effective date of this regulation was March 28, 2016. However, based on discussions with MDNR as recently as mid-April, the details of this regulation are still being sorted out and therefore it has not yet been implemented. This regulation proposes to add the northern long-eared bat (Myotis septentrionalis) to the list of threatened species. Additionally, it proposes to designate the little brown myotis (bat) (Myotis lucifugus) and the tricolored bat (Perimyotis subflavus) as "protected".

Currently, the State of Maryland has two listed bat species, the Indiana bat (Myotis sodalis), which is also a Federally-listed species, and the eastern small-footed bat (Myotis leibii), which is only State-listed. For the northern long-eared bat and the Indiana bat, the MDNR will not require any further coordination beyond that required by the U.S. Fish and Wildlife Service (USFWS). For the eastern small-footed bat, consultation with MDNR personnel indicates that they will work to protect only documented hibernacula and roost sites. The good news is that the documented hibernacula and roost sites only occur in western Maryland, so consultation with MDNR or USFWS will most likely not be required for clearing and/or development activities located within central and southern Maryland (Baltimore and Washington Metropolitan areas), as well as the Eastern Shore.

Additionally, the “protected” designation (which includes eight (8) bat species), is not expected to have any effect on the development community. While this designation requires a permit for the take of certain species, Incidental take permits (i.e., take resulting from land clearing and/or development activities) are not required for nongame mammals such as the eight species of bats listed in the regulation.

If USFWS or MDNR require surveys for any of these species, WSSI has staff ready to conduct acoustic surveys. Our parent company, The Davey Tree Expert Company, also has trained staff ready to assist with these surveys to help minimize project delays resulting from the listing of various bat species.

For additional information as to whether or not your project may require consultation with MDNR, please contact Mike Klebasko, Dan Lucey, or Ken Wallis of our Maryland office.