Sec. 27.02.05.11. Threatened and Endangered Species and Species in Need of Conservation

A. Repealed.

B. Criteria. When planning or proposing development on State-owned lands within the Critical Area, the agency proposing the development shall:

(1) With the assistance of the Department of Natural Resources, identify any habitats of threatened or endangered species, or species in need of conservation that may be affected by the development;

(2) Utilizing the expertise of the Department of Natural Resources, develop programs to protect the habitats of threatened and endangered species and species in need of conservation as identified in §B(1) of this regulation; and

(3) Ensure that these programs consist of at least one of the following elements:

(a) Designation of a protection area around each of the habitats within which development and other disturbances are prohibited, unless it can be shown that the development or other disturbance will not have or cause adverse impacts on these habitats; and

(b) Protection of habitats of threatened and endangered species, and species in need of conservation, which may include special provisions in forest management and soil conservation plans, and any other management programs for the State-owned lands on which the habitats occur.