Northern Long Eared Bat Time of Year Restrictions

 

	Northern Long Eared Bat

Last week VDOT rolled out a new provision placing time of year restrictions (TOYR) on tree clearing. The provision is in response to an ongoing rulemaking by the U.S. Fish and Wildlife Service proposing to elevate the status of the Northern Long Eared Bat (NLEB) to endangered. The rulemaking process is expected to be finalized by the end of this year.

The restrictions that result from the NLEB being changed to endangered status will begin during the 2023 construction season stopping clearing activities from April to November. Although the rulemaking is not final, the Department has decided to put the requirement into contracts beginning with this month’s advertisement to avoid the complications of applying the restrictions after contract execution.

On the surface, the scope and significance of this restriction is arguably unprecedented and will have significantly adverse impacts to our projects if it is applied without consideration.

There are more questions than answers at this point. The rulemaking currently underway only deals with the status of the bat and not how the time of year restrictions will be applied during construction. VTCA has been in direct contact with VDOT’s leadership emphasizing a responsible, measured approach appropriately timed with Federal action. We are also working with ARTBA at a national level. The decision has nationwide implications as the bat is believed to be in as many as 37 states.

VTCA is fully engaged on this issue and will report to members additional details as they become available. If you have any questions in the meantime, please contact VTCA’s Tom Witt.