The U.S. Fish and Wildlife Service (USFWS) published a final rule earlier this month designating 1.5 million acres of critical habitat for the rusty patched bumble bee (Bombus affinis), a federally endangered species, across 14 habitat units in 33 counties in Illinois, Iowa, Minnesota, Virginia, West Virginia and Wisconsin. The final rule takes effect July 1, 2026.
The final rule adds a compliance layer for projects within these designated areas that have a federal nexus; meaning they are located on federal land or require federal funding, permitting or other authorization. According to the final rule, designated critical habitat reflects areas the species occupied at the time it was listed as endangered since 2017.
The first question to ask for any project – new or existing – is the same: does a federal nexus exist? Section 7 if the Endangered Species Act (ESA) only applies to projects with a federal nexus: federal funding, permitting, or authorization. Purely private projects with no federal involvement are not subject to these requirements. If a federal nexus is present, the steps below apply depending on your project’s stage.
What This Means for Existing Projects:
- Review previous federal authorizations: Previously authorized Section 7 compliance documents should be reviewed to determine if the species was already addressed under the 2017 jeopardy standard.
- Confirm whether habitat is present: Evaluate if your active construction site contains essential physical or biological features like spring forage, nesting sites, or undisturbed overwintering soils.
- Minimize and avoid potential effects: Consider implementing exclusion zones around remaining native vegetation or undisturbed soils adjacent to the active construction site to prevent sudden structural damage
- Reinitiate coordination: Update any ongoing or new federal reviews to include a formal analysis on whether construction will destroy or adversely modify the newly designated habitat. Coordinate with the lead federal agency to reinitiate or update a Section 7 consultation through the USFWS Midwest Regional Office.
What This Means for New Projects:
- New consultation requirement: Projects in these units must conduct the same destruction/adverse modification analysis described above, in addition to the existing review of harm to the species itself.
- A path to reduce exposure: Roughly 79,859 acres enrolled in the Nationwide Candidate Conservation Agreement for Monarch Butterflies were excluded from the designation. A separate conservation benefit agreement (CBA) for bumble bees was signed May 1, 2026. No land is enrolled yet, but USFWS expects significant overlap with existing monarch program participants — a potential path for reducing a project’s regulatory footprint on energy and transportation lands.
- Locations affected: See the table below for a breakdown of where the habitat units are located. Developed infrastructure within unit boundaries — buildings, pavement, and similar structures not supporting background vegetation — is excluded from the designation, even where mapping resolution does not clearly show it.
- Not every project is affected equally: USFWS’s own analysis suggests this rule won’t mean new costs or delays for every project. However, energy, transmission, transportation, and land development work with a federal nexus located within these designated units should plan for an early habitat review regardless.
ECT Can Help You Navigate This Change
Whether your project is in the early planning phase or already has an active authorization, our team can help you move forward with confidence:
- Determine your exposure fast: Confirm whether your project area overlaps a designated unit and what that means for your permitting timeline
- Scope the real impact: Evaluate your project against the physical and biological features USFWS identified, so you know whether you’re facing new mitigation or just additional paperwork
- Manage the federal process: Coordinate directly with USFWS on consultation or reinitiation of an existing biological opinion, and assess whether enrolling in the monarch CCAA or bumble bee CBA could reduce your project’s regulatory footprint
If you have a project with federal-nexus work in Illinois, Iowa, Minnesota, Virginia, West Virginia or Wisconsin, Connect with our team for a quick assessment of how this designation affects your specific site and timeline.
| State | Counties |
|---|---|
|
Illinois |
Boone, Cook, Kane, Lake, Lee, McHenry, Ogle, Winnebago |
|
Iowa |
Johnson |
|
Minnesota |
Carver, Dakota, Hennepin, Olmsted, Pierce, Ramsey, Rice, Scott, St. Croix, Washington, Winona |
|
Virginia |
Bath and Highland |
|
West Virginia |
Greenbrier and Pocahontas |
|
Wisconsin |
Dane, Iowa, Kenosha, Milwaukee, Ozaukee, Racine, Sauk, Washington, Waukesha, |
This summary reflects the final rule published in the Federal Register on June 1, 2026 (91 FR 32516) and is for general informational purposes. It is not a substitute for project-specific regulatory review.
