Responsibilities of a developer

1.1 A developer must not proceed with any development process or activity (as defined in the previous section) without first:

a) having determined by a certified wildlife control operator whether, or not, a site, or portion of a site, or structure, that is proposed to be subject to a development process, is likely to be used as a wildlife habitat; and
b) applying due diligence in determining the presence or absence of wild animals (if a site or structure contains a wildlife habitat); and
c) determining that the site is not an essential wildlife habitat, and is not part of a wildlife corridor; and
d) determining ways to minimize any harm, injury or death to any wild animals using the habitat or site as a result of the proposed development process or activity; or
e) applying fair, reasonable and appropriate measures to avoid such harm, injury or death, including engaging a certified wildlife control operator in circumstances defined by this code.

1.2 In the case of minor projects or activities, such as minor earth works on previously cleared land, or the removal of one or more small trees, the requirement for due diligence may be satisfied by simple observation.

For example: if a small tree is to be removed, “due diligence” and “fair, reasonable and appropriate measures” may be satisfied simply by close observation of the tree to confirm the absence of nests, hollows, animals under sloughing bark, and the absence of animals on the branches or in the canopy.

1.3 Approval of a development site and/or permits by state or local Boards of Zoning or building authorities does not relieve a developer of their obligations in respect of this protocol, state or federal wildlife protection statutes.

Requirement for engagement of a certified wildlife control operator

1.4 In the case of any proposed project, activity or process, in which a lay person could not reasonably be expected to make the determinations defined in section 1.1 (a-d) above, then a certified wildlife control operator or other appropriately licensed/permitted and insured person, must be engaged to perform the same.

1.5 Furthermore, if a site, or portion of a site, or structure forms part of a wildlife corridor of a protected species, or forms a significant part of a protected species home range or territory, such that its destruction may result in harm or death to the animal, or have a