Brendan P. Burke, Esquire

Bog turtles (Clemmys muhlenbergii) are Pennsylvania's smallest turtle, but they may play a large role in determining your ability to develop real estate in Pennsylvania. Bog turtles are tiny, semi-aquatic turtles typically reaching a maximum shell length of four inches and having a life span of twenty to thirty years. These small and attractive turtles, which are prized as pets by collectors and children, often spend their entire lives in the wetlands where they were born. They prefer to inhabit the open, marshy meadows that are found among the gently rolling landscapes of southeastern Pennsylvania. In recent years, the natural habitats for bog turtles have become prime locations for the construction of homes and housing developments. As a result of this development boom, concern arose that the bog turtle and its habitat might be lost to the needs of human habitation. 

In an effort to protect the bog turtle and preserve its natural environment, the Pennsylvania Fish and Boat Commission, pursuant to Section 2305 of the Fish and Boat Code, listed the bog turtle as an endangered species in 1974. In 1997, the United States Fish and Wildlife Service, pursuant to the Federal Endangered Species Act of 1973, listed the bog turtle as a threatened species. Under these state and Federal regulations, it is unlawful to sell, trade, barter, possess, import, export, catch, take, or kill bog turtles. Through this legislation, both the Federal and Commonwealth governments have declared protection of the bog turtle and preservation of its habitat to be important conservation and environmental objectives.

How Does This Affect My Property?
Due to the desire of many Pennsylvania landowners to exercise their right to develop their real property for residential and other uses, large swaths of marshes, meadows and portions of wetlands are being converted to developed ground. In order to provide continued protection for the bog turtle and to minimize the impact of development upon its natural habitat, property owners must demonstrate that their proposed land use does not violate the state and Federal legislation designed to protect the turtles.

To assist property owners in demonstrating compliance with those laws during the municipal approval and permitting process, the United States Army Corp of Engineers, the United States Fish and Wildlife Service, and the Pennsylvania Department of Environmental Protection have developed a screening process to identify potential bog turtle habitat. The Fish and Boat Commission, through the Non-Game and Endangered Species Unit, reviews hundreds of proposed development projects each year. The project areas are screened for the presence of bog turtles using the Pennsylvania Natural Diversity Inventory (PNDI) database and file information. Where field surveys are required, the Commission cooperates with the United States Fish and Wildlife Service to provide guidance regarding proper survey methods to ensure high-quality biological investigations. Representatives of those agencies will provide on-site assistance to determine if proposed projects may impact wetlands that serve as bog turtle habitats.

Early Screening is Critical to Project Planning
Consideration of bog turtles and their habitat is crucial to the early stages of land use planning decisions. Residents and those applying for land development permits should ensure that their proposals are reviewed with respect to the bog turtle and other important environmental issues in the early stages of planning and design. Through the screening process and early identification of bog turtle habitats and other environmental concerns, the development of real property may continue to co-exist with the protection of wetlands and preservation of other valuable environmental resources. Early consideration of factors that will impact the lawful ability to develop property is the key to a more efficient, timely, and cost effective municipal approval process.

Note: Information used in this article is based upon publications of the Pennsylvania Fish and Boat Commission, Non-Game and Endangered Species Unit, the Pennsylvania Fish and Boat Commission, the United States Fish and Wildlife Service, and the Pennsylvania Department of Environmental Protection. For more information on this issue as well as other land development and zoning matters, please contact the Land Use Group at MacElree Harvey, Ltd.

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