We are aware of community questions regarding potential impacts to birds in the area of the Market Street Reconstruction project and would like to clarify how the City is addressing these concerns.
At this time, no in‑use migratory bird nest has been confirmed in the area of the project with planned tree removal. The City has retained qualified natural resources consultant staff who regularly conduct nesting bird surveys consistent with state and federal law, including the Migratory Bird Treaty Act (MBTA). A nesting bird survey of the proposed infiltration pond footprint and surrounding area is scheduled for next week to determine whether any in‑use nests or eggs protected under the MBTA are present within the project area or an appropriate buffer.
Under the MBTA, it is unlawful to “take” a migratory bird, including actions that would disturb an in‑use nest in a way that could result in nest failure or abandonment. Tree removal associated with the infiltration pond is not scheduled to occur until the end of the project, and if an in‑use nest is identified within the pond area or buffer, tree clearing can be timed to avoid the nesting period, consistent with MBTA requirements. The City’s construction contract also requires the contractor to comply with all applicable state and federal wildlife protection laws.
While the MBTA focuses specifically on the protection of migratory birds and their in‑use nests and eggs, this does not mean the City is unconcerned about broader habitat considerations. The City must balance environmental stewardship with the responsibility to maintain and improve essential public infrastructure. In this case, construction of the infiltration pond is necessary to ensure proper stormwater management and long‑term maintenance, while still taking appropriate steps to avoid impacts to protected wildlife.
An environmental review was not required for this project, as it does not meet the thresholds for mandatory environmental review under Minnesota rules. While agency coordination was not required as part of project approval, the City remains committed to complying with all applicable environmental laws and recognized best practices.
The City will continue to share information as surveys are completed and will take appropriate steps to ensure compliance with migratory bird protections while the project moves forward.
Additional Q and A :
Who is the qualified consultant?
Bolton & Menk has qualified natural resources technicians on staff who regularly conduct nesting bird surveys in support of public infrastructure projects and compliance with the Migratory Bird Treaty Act (MBTA). This work is a routine part of Bolton & Menk’s environmental services practice.
Will the survey be made public or shared with this group?
The City plans to share a summary of the survey findings once it is completed. If no in‑use migratory bird nests are identified, that outcome will be communicated. If an in‑use nest is found, the City will also share what steps will be taken to avoid impacts and remain in compliance with applicable laws.
Barred owls are most vocal at dusk and dawn — what time will the survey occur?
The survey will be conducted using established nesting bird survey practices established by qualified biologists. This may include observations during times when birds are most detectable, such as early morning or dusk, as appropriate for site conditions and professional judgment. The objective is to determine whether any in‑use nest is present.
Will perimeter trees, especially those not directly over the basin footprint, be retained?
Tree removal will be limited to what is necessary to safely construct and maintain the infiltration pond. Trees outside the basin footprint will be retained.
