Benton County Community Development –
Fender’s Blue Butterfly

How Will This Affect Development on Your Property?

Approximately 750 property owners in the Wren, Oak Creek, Philomath, and Greasy Creek areas own land within the mapped potential habitat for the Fender’s blue butterfly, which is protected by the federal Endangered Species Act (ESA). Benton County held three public meetings at the end of January 2009 to address this topic, and held another public meeting on September 16, 2009. Additionally, the County has mailed letters to each of these property owners informing them of an important change in the building permit process, and ways that Benton County is preparing to serve their needs throughout the process.

Summary – Federal law prohibits harming the threatened butterfly or its habitat without specific authorization. To avoid potential violations, property owners proposing construction* in the mapped butterfly habitat are required to obtain approval from the US Fish and Wildlife Service. This typically will require the property owner to hire a qualified biologist to perform a site-specific habitat survey which may be performed only between late April and mid-June. In an effort to minimize the expense and inconvenience to property owners, Benton County provided over 200 free surveys in the spring of 2009.

View a Map of Affected Properties – This map reflects the best data currently available. It will be refined over time based on habitat surveys and other data showing more precisely where Fender's blue butterfly habitat exists and where it does not. See interactive map.

Details – The Fender's blue butterfly, which lives in portions of Benton County, has been protected under the federal Endangered Species Act since 2000. Private property owners and government agencies are obligated to not cause harm to the species or its habitat. Refined mapping (from on-the-ground surveys with landowner permission, combined with analysis of aerial photography) recently has been produced which shows where habitat for the butterfly is likely to exist in Benton County. To meet our obligations under the ESA, Benton County will be referring applicants for building permits* (and other related permits) proposed on land mapped as likely habitat for the butterfly to the U.S. Fish and Wildlife Service to ensure that the proposed construction and related activities will comply with the ESA.

This means that in order for Benton County to issue a permit for construction, the applicant will need to contact the US Fish and Wildlife Service (contact info below) and meet that agency's requirements. It is the County's understanding that the US Fish and Wildlife Service typically will require the property to be surveyed by a qualified biologist to determine whether habitat for the butterfly is present. These surveys typically can be performed only during a narrow time window in the spring (usually between late April and mid-June). Therefore, for example, an owner who applies in August for a building permit on property mapped as potential habitat would have to wait until the following May or later to be able to build.

We recognize the significant inconvenience this may cause certain property owners. In response to this, Benton County is developing a Habitat Conservation Plan (HCP) so that property owners will be able to construct homes and farm buildings on their properties without the cost and delay of the habitat survey process. Until a Habitat Conservation Plan is in place, however, applicants will be required to work with the US Fish and Wildlife Service.

This information focuses on Benton County permits; however, please note that all ground-disturbance or vegetation-removal activities including those for which the County does not issue permits (for example, landscaping, cultivation, driveway construction, well drilling) must also comply with the ESA and not harm the butterfly or its habitat. Contact USFWS for more information regarding these activities.

*Including building, septic system activities, road approach construction, and any other ground-disturbance or vegetation-removal activities for which Benton County issues a permit.