Protection Of Northern Long-eared Bats

Guidance on Protective Measures Required for Northern Long-eared Bats When Projects Occur within Occupied Habitat

The guidance on this page is intended to address only the protection of Northern Long-eared Bats (NLEB) and is effective until April 1, 2024. Additional regulations may apply to the land, including wetland and stream protection regulations and protective measures for other federal or state endangered species that may be present. If your project is funded from a federal source, is being conducted in cooperation with a federal agency, requires a federal permit, or takes place on federally-owned property, you will need to use the USFWS IPaC Decision Key (leaves DEC website). Regional DEC staff in Division of Environmental Permits can help determine if any of these restrictions apply to the property and project in question.

All federally endangered species that occur in New York State are afforded endangered status under the New York Endangered Species Law and its implementing regulations.

Projects That Result in a Change in Land Use

Projects that are intended to convert forest to other land uses have a greater impact on NLEB than projects that allow for the regeneration and retention of forests on the landscape. With the exception of Suffolk County, trees are not currently a limiting resource for NLEB. However, the species also uses forests of all types for feeding. When forest is converted to another use, these areas no longer provide any benefit to NLEB.

A project is considered to maintain the existing land use if forest or a hibernation site is being managed to perpetuate its existing use by bats (e.g., sustainable forestry, forest maintenance, cave or hibernacula maintenance).

In contrast, a project is considered to result in a change in land use when any portion of forest or a hibernation site is converted to another form that will reduce NLEB use of the area (e.g., most development).

DEC concurs with the conclusion of the USFWS that the northern long-eared bat (NLEB) population decline is not the result of habitat loss. Because the State endangered species law and its implementing regulations require consideration of impacts to occupied habitat of listed species, DEC requires additional protections for such occupied habitat. These additional protections consist mainly of conditions placed on tree cutting to protect bats that may be roosting in the vicinity of their hibernacula or documented summer occurrences. Therefore, projects located in occupied habitat must comply with the additional protective guidance below.

To determine if your project is located in occupied habitat, you can enter your project location into the Environmental Resource Mapper (leaves DEC website) and generate a populated EAF. If your site is in occupied habitat, Northern long-eared bat will be listed in the response to the question on the presence of listed species at your project site (Question E.2.o on the long form EAF). You can obtain further guidance by contacting your regional DEC Office of Environmental Permits and you can assess the potential for harmful impacts using the following self-evaluation steps below.

Please note: What follows does not address the operation of wind turbine projects but may be helpful in assessing the potential for adverse impacts to NLEB during construction of wind energy facilities.

Self-Evaluation Steps if NLEB is Found in Your Area

  1. Will the project result in a change in land use as defined above?
    1. If yes, you should stop the self-evaluation and contact your regional DEC Office of Environmental Permits for project-specific guidance. Typical recommendations include, but may not be limited to:
      • Avoid any tree clearing when bats are active
      • Minimize tree clearing, leaving as many potential roosts as possible
    2. If no, proceed to step 2.
  2. Can you cut all trees necessary for your project during the hibernation season when bats are living underground (Nov 1-Mar 31 in most of NY, Dec 1-Feb 28 in Suffolk County)?
    1. If no, you must contact the NY Natural Heritage Program (leaves DEC website) for the most precise information available regarding the locations of roosts or hibernacula in relation to your project. If you cannot incorporate the following into your project, you will need to contact your regional DEC Office of Environmental Permits for project-specific guidance:
      • Leaving uncut all known roost trees, and any trees within 150 feet of a summer occurrence or 0.25 miles of a hibernaculum.
      • Leaving uncut all snags and cavity trees (PDF) unless their removal is necessary for protection of human life or property.
      • Please note: If bats are observed flying from any tree that has been cut, stop activities immediately and contact your regional DEC office.
    2. If yes, proceed to Step 3.
  3. Can you leave all known roost trees, snags and cavity trees (PDF) uncut?
    1. If no, contact your regional DEC Office of Environmental Permits for further guidance.
    2. If yes, proceed with cutting. If bats are observed flying from any tree that has been cut, stop activities immediately and contact your regional DEC Office of Environmental Permits for guidance.

Further Guidance

If you cannot follow the guidance from DEC to avoid a take of NLEB, you may still be able to pursue your project under an incidental take permit. To be eligible for a permit to take NLEB, you must be able to demonstrate a net conservation benefit to NLEB as a result of your overall project. For information on how to apply, contact your regional DEC Office of Environmental Permits.


Contact for this Page

DFW, Bureau of Wildlife
625 Broadway
Albany, NY 12233

This Page Covers
New York State
Icon