Northern Long Eared Bat Officially Reclassified to Endangered Status

Following a public comment period earlier this year the U.S. Fish and Wildlife Service (USFWS) has, as expected, announced the reclassification of the northern long-eared bat (NLEB) as an endangered species under the Endangered Species Act of 1973.  The new rule is effective January 30, 2023.  The NLEB species is found in all or portions of 37 U.S. States, including Virginia, and the District of Columbia. 

According to the USFWS Northern long-eared bats predominantly are found in forest habitat (outside of hibernation), but when foraging they have also been observed in other habitat, such as over small forest clearings and water and along roads. 

In anticipation of the NLEB reclassification, VTCA notified members that VDOT had introduced new contract language to construction contract proposals beginning June 2022 stating that tree felling during the time of year restriction window (TOYR) would be prohibited.  The window runs from April 1 through mid-November.

The provision in VDOT’s proposals serve as a notice to contractors of the potential restriction and possible schedule delays to the project if clearing is needed during the TOYR. 

VDOT has indicated their recognition of the potential for significant impact to project schedules and has provided direction to the districts to proactively fell trees prior to the TOYR wherever possible. However, VTCA members are encouraged to ask VDOT through the CABB system as to the status of the clearing and whether the Department is taking steps in advance of notice to proceed to fell the trees. 

VTCA continues dialog with VDOT to address industry concerns and emphasizes the need for details of the project’s status to be provided to contractors during the advertisement phase. All projects advertised in June 2022 and afterwards include a new special provision that notifies the contractor of the potential restriction on the project. If you encounter an advertised project whose schedule requires clearing during the TOYR window of April 1 and mid-November and it is not clear if VDOT has made plans to clear prior to execution, please contact Tom Witt (tom@vtca.org).