Wind energy projects will often be subject to state laws governing endangered, threatened, and rare species. Even with careful planning, turbines, access roads, transmission lines, and other infrastructure may impact the habitat of one or more species of concern to a state. Significantly, the state list of species of concern almost always includes species in addition to those listed under the federal Endangered Species Act (Section 220.127.116.11). State endangered species laws typically require the developer to coordinate with the applicable state agency to determine whether the proposed project could potentially impact any state protected plant or animal. Incidental "takes" of a protected species and/or alteration of its habitat may be allowed, subject to a permit and/or mitigation plan. Violation of these laws is generally a serious offense, potentially resulting in criminal fines and incarceration. A list of state resources for endangered species can be found in the Resources section of this handbook.
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