MILWAUKEE JOURNAL SENTINEL (Wisconsin) 23 October 04 Snake might be of another stripe - Builders could face more roadblocks if it's not the Butler's garter (Scott Williams)

Waukesha - A nuisance to some and a treasure to others, the Butler's garter snake found in Wisconsin just might be one of a kind.

State conservation officials told a gathering of environmentalists and builders Friday that genetic tests have suggested Wisconsin's snake is unlike any other found elsewhere in the United States and Canada.

"We may have a unique species here," said Robert Hay, a manager of endangered species in the state Department of Natural Resources.

The disclosure not only casts new light on a debate over whether Wisconsin's snake deserves special state protection, but it also opens up the possibility that the yellow-striped reptile warrants federal regulation and a new name.

Hay cautioned that more genetic testing is planned and that final results are not expected until next year.

To some environmentalists, however, the potential that Wisconsin's snake does not exist anywhere else on the planet makes it all the more important for state officials to move cautiously in lowering environmental safeguards.

Delene Hanson, a representative of the Milwaukee Area Land Conservancy, said she was shocked to hear Friday's announcement, which came during a Waukesha meeting to discuss the snake's future.

"It really could make a significant difference in how we protect this species," Hanson said.

For builders already facing bureaucratic rules whenever development threatens a snake nesting site, the potential of federal regulation is an ominous sign that the situation could get even worse.

Scott Mathie, director of government affairs for the Metropolitan Builders Association of Greater Milwaukee, said giving Wisconsin's snake federal protection could jeopardize economic growth in the region by making vacant real estate harder to develop.

"We would have this extra hurdle," he said. "It's certainly concerning, from an economic development standpoint."

The scientific findings emerge as state officials have been working to craft a compromise between environmentalists who want to protect the Butler's garter snake and builders intent on eliminating it as an obstacle.

Since 1997, the species has been listed as threatened in Wisconsin, which makes it illegal to purposely disturb a habitat. Dozens of other animals and plants are similarly protected in the state as either endangered or threatened.

Known for its colorful yellow stripes, the 1- to 2-foot-long Butler's garter snake is generally found in marshes, prairies and fields, as well as roadside grassy areas and an occasional vacant lot.

The presence of the snake has slowed or complicated numerous real estate developments in recent years in Brookfield, Port Washington, New Berlin, South Milwaukee and elsewhere. In some cases, developers have been forced to spend thousands of dollars studying the snake and redesigning projects to avoid harming a nesting site.

The builders association last year asked Wisconsin lawmakers to remove the snake's special protection, arguing that the business community was hampered by an animal whose environmental significance was being exaggerated.

Environmentalists countered that the snake exists only in Wisconsin, Ohio, Michigan and parts of Canada, and that failing to protect it from bulldozers would push the species toward extinction.

In trying to find a compromise, DNR officials have drafted a strategy of safeguarding the largest and best Butler's garter sites while relinquishing the rest to development. Officials said they hope to isolate 65 sites with confirmed snake habitats of at least 20 acres each.

The DNR presented a map showing 93 potential sites in Milwaukee, Waukesha, Ozaukee and Washington counties. Officials said they plan to approach each landowner and request permission to check for snakes.

"As long as we can protect enough of these sites, we can ensure the long-term protection of the species," said Andy Galvin, a consultation specialist in the DNR's bureau of endangered resources.

The strategy was outlined Friday during a three-hour meeting with environmentalists, builders and other interested parties at the Lee Sherman Dreyfus State Office Building in Waukesha.

Saying the plan remains subject to further study, DNR officials said one possible variable will be the final results of the genetic tests being conducted at the University of Tennessee in Knoxville.

Hay said a final determination that Wisconsin's snake is unique - that it is not the same snake that exists in Ohio, Michigan and Canada - might prompt U.S. officials to intervene and impose new federal rules for disturbing a habitat here.

The Wisconsin reptile, he said, also could get a new name if it is not a Butler's garter snake but, in essence, a whole different animal.

"If this becomes a species all its own, then it may look different from a global perspective," he said. "We would go back to the drawing board."

The testing in Tennessee is scheduled to conclude by fall 2005.

George Meyer, executive director of the Wisconsin Wildlife Federation, said he does not relish the thought of entrusting the snake's future to federal bureaucrats, whom he described as sometimes slow and inefficient.

Regardless of whether the species can be found elsewhere or is unique to Wisconsin, Meyer said, the state should work to ensure its survival.

"The DNR is proceeding in a good scientific manner," he said. "They're proceeding in good faith."
Snake might be of another stripe

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