Landowners: Endangered & Threatened Species on Your Land?

With over 85% of Wisconsin's land in private ownership, landowners and land managers truly are the key to protecting rare species and their habitats. The Wisconsin DNR estimates that approximately 90% of at-risk species have populations on private land, illustrating the significance of Landowners’ and land managers’ control over the fate of rare species and the habitats that support them. Working cooperatively and supporting private landowner efforts to manage and restore habitat for at-risk species is essential to preserving biodiversity in Wisconsin.

Below are answers to common questions private landowners ask about rare species on their property.

The presence of a rare species on your land means that you own a unique part of Wisconsin’s ecological heritage and it offers you an opportunity to play a vital role in protecting our biological diversity. Conserving endangered and threatened species is necessary to preserve our natural heritage for future generations and to maintain our quality of life.

Under the Federal Endangered Species Act of 1973 plants or animals currently facing extinction are classified as “endangered.” Species that are declining and that may become endangered in the near future are classified as “threatened.” Species that may be proposed for Federal listing as threatened or endangered are classified as “candidate” species. In addition, the Wisconsin DNR has a category of species called “Special Concern” for species that are suspected to be in danger, although there is not enough data to know for sure. Both endangered and threatened species are protected by law, however candidate and special concern species have no legal protection. Wisconsin is governed by both federal and state endangered species laws that direct what species are to be listed and what activities may be prohibited or require permitting.

Habitat degradation and destruction are the most serious threats to wildlife and plants worldwide. Habitat loss most commonly occurs through development activities, introduction of invasive species, and conversion of habitat to other uses.

Because more than 2/3 of the species federally-listed as endangered or threatened are found on private land, private property is very important in the management and conservation of habitat for fish, wildlife and plants. Habitat protection and management are the keys to protecting rare species because a species cannot survive without a home. As a private landowner, you may be eligible for a variety of state and federal programs that offer tax advantages and/or cost share for stewardship of lands where rare species occur.

Endangered species law treats animals and plants differently. Because animals usually travel freely from one property to another, they belong to everyone. It is against the law to “take” an endangered or threatened animal without a permit. “Take” includes more than just killing, hunting, trapping and collecting; it can also mean harassing the animal or significantly modifying its habitat.

Just like the trees in your backyard, plants belong to you as the private landowner whether they are rare or common. What becomes of them is therefore in your hands. The endangered species laws only protect plants on public lands, such as National Forests, public parks, military bases, and other lands owned by any national, state, county, or other public agencies, or when federal funds are used. On private lands, plants are not protected by federal or state endangered species laws, unless a plant is destroyed by someone that does not own the land. Of course, the Wisconsin Endangered Resources Program wants to encourage and offer assistance to protect and manage these unique plants and their habitat.

Department of Natural Resources or U.S. Fish and Wildlife Service biologists may be able to assist you in determining if rare species are present on your property. If rare species are found on your property that information is shared with you but otherwise is confidential. The Wisconsin Endangered Resources Program wants to encourage and help landowners protect and manage for these rare species, while still respecting your rights as a private property owner. In addition, the federal government offers several flexible tools that promote the conservation of rare species, while accommodating the land use plans of the private landowner.

You can get more information about the status and distribution of rare species, or learn what species or natural communities are known to exist within a particular area by searching the Natural Heritage Inventory (NHI) County Data.

Results from DNR inventories, data contributed by cooperating scientists and private landowners, and information gleaned from museums, herbaria, and published reports provide the DNR with locations of rare species. It is the policy of the Bureau of Endangered Resources to obtain permission before inventories or surveys are done on private property.

NHI data are exempt from Wisconsin’s Open Records Law due to the vulnerability of rare species to collection and destruction. Natural Heritage Inventory data can be shared with outside groups through a license agreement and is used for a variety of purposes including land management, state land master planning, community planning, conservation planning, and endangered resources review of public and private activities across the state.

Many forestry-related activities do not negatively affect threatened or endangered species as long as ecosystem-based sustainable forestry practices are used. Many forms of recreation and land uses are compatible with the protection of rare species. For example, managing white-tailed deer populations through hunting may be important to reduce deer damage to rare species and their habitat. Situations may arise when there are conflicts between recreation or land management practices and the protection of rare species. In most cases, there are workable solutions.

You can also still sell your land if it has an endangered or threatened species or their habitat on it. The DNR or a local land trust may be interested in working with you to permanently protect your land through a number of conservation tools.