Madison Reporter

The Wisconsin Department of Natural Resources (DNR) has announced its intent to authorize the incidental taking of seaside crowfoot, a state-threatened plant species, in connection with several major infrastructure projects planned for Milwaukee County.

The proposed authorization is related to rehabilitation and modernization efforts on I-41, the Hale Interchange on I-43, and improvements to the Oak Leaf Trail. These projects are being undertaken by the Wisconsin Department of Transportation (WisDOT) in cooperation with the Federal Highway Administration (FHWA), and, in the case of the trail, Milwaukee County as well.

Incidental take refers to situations where individual members of endangered or threatened species are unintentionally harmed during otherwise lawful activities, provided such loss does not threaten the overall survival of the species. The DNR states that “the unintentional loss of individual endangered or threatened animals or plants that does not put the species' overall population at risk” is what constitutes incidental take.

According to project details, WisDOT and FHWA will rehabilitate I-41 from 84th Street to Lincoln Avenue under project ID 1100-05-73 and I-43 at the Hale Interchange under tied project ID 1090-03-75. Additionally, plans call for modernization work on the Oak Leaf Trail under local program project ID 2967-22-72. The highway projects aim to address deteriorating pavement conditions and improve safety along these corridors. Meanwhile, upgrades to the Oak Leaf Trail seek to encourage non-motorized travel by reducing emissions and congestion while increasing accessibility and safety through widening portions of the trail from their current width up to a standard 10-foot paved path suitable for two-way use.

During environmental reviews for these projects, DNR staff confirmed that seaside crowfoot is present near affected sites. “Wisconsin DNR staff determined that the proposed project may result in the incidental taking of some plants,” according to officials.

To mitigate potential harm, conservation measures will be included in any final Incidental Take Authorization issued by DNR. The agency asserts: “The Wisconsin DNR concludes that the proposed project will minimize the impacts to the species by adhering to conservation measures; is not likely to jeopardize the continued existence and recovery of the state population of the species or the whole plant-animal community of which it is a part; and has benefit to public health, safety or welfare that justifies this action.”

Members of the public who wish more information can find background materials—including copies of jeopardy assessments—on DNR’s Incidental Take Public Notices webpage or may request them directly from Stacy Rowe, a conservation biologist with DNR.

Written comments regarding possible impacts on seaside crowfoot can be submitted until September 10, 2025. Correspondence should be addressed either via mail or email directly to Stacy Rowe at Wisconsin Department of Natural Resources.