Habitat Enhancement Law and Legal Definition
Pursuant to 16 USCS § 3772 (2), [Title 16. Conservation; Chapter 57B. Partners for Fish and Wildlife]
“(A) In general. The term "habitat enhancement" means the manipulation of the physical, chemical, or biological characteristics of a habitat to change a specific function or seral stage of the habitat.
(B) Inclusions. The term "habitat enhancement" includes--
(i) an activity conducted to increase or decrease a specific function for the purpose of benefitting species, including--
(I) increasing the hydroperiod and water depth of a stream or wetland beyond what would naturally occur;
(II) improving waterfowl habitat conditions;
(III) establishing water level management capabilities for native plant communities;
(IV) creating mud flat conditions important for shorebirds; and
(V) cross fencing or establishing a rotational grazing system on native range to improve grassland nesting bird habitat conditions; and
(ii) an activity conducted to shift a native plant community successional stage, including--
(I) burning an established native grass community to reduce or eliminate invading brush or exotic species;
(II) brush shearing to set back early successional plant communities; and
(III) forest management that promotes a particular seral stage.
(C) Exclusions. The term "habitat enhancement" does not include regularly scheduled and routine maintenance and management activities, such as annual mowing or spraying of unwanted vegetation.”
