The Wisconsin Department of Natural Resources (DNR) proposes to issue an authorization for the incidental taking of a rare lizard, which may result from the I39 southbound between Fawn Court and the Waushara County Line project in Marquette County.  

Incidental take refers to the unintentional loss of individual endangered or threatened animals or plants that does not put the species’ overall population at risk.

The Wisconsin Department of Transportation (WisDOT) proposes to resurface I-39 southbound between Fawn Court and the Waushara County Line (by milling and overlaying the asphaltic pavement), replacing the pavement on County E/J between the northbound and southbound ramps and improvements to Safety Rest Area 81 and 82. The proposed action will address the roadway deficiencies by maintaining the pavement through the project corridor. In addition to the pavement maintenance work, several other improvements are also proposed. It is proposed to replace guardrail, repair/replace culverts, replace concrete approach slabs and drainage facilities at the bridges along I-39 as needed and improvements to Safety Rest Area 81 and 82.

The presence of the state endangered slender glass lizard is confirmed in the vicinity of the project site. DNR staff determined that the proposed project may result in the incidental taking of some lizard.

Conservation measures to minimize the adverse effect on the species will be incorporated into the proposed Incidental Take Authorization and are detailed in the Jeopardy Assessment. They include fencing off the project area to prevent lizards from entering as well as completing removals and relocations of the lizard to suitable habitat areas.

The DNR concludes that the proposed project will minimize the impacts to the species by adhering to conservation measures; is not likely to jeopardize the continued existence and recovery of the state population of the species or the whole plant-animal community of which it is a part; and has benefit to the public health, safety or welfare that justifies the action.

Copies of the Jeopardy Assessment and background information on the slender glass lizard are available by visiting the DNR Incidental Take Public Notices webpage or upon request from DNR Conservation Biologist Stacy Rowe at 608-228-9796 or Stacy.Rowe@wisconsin.gov.

The public is encouraged to submit written comments regarding project-related impacts to the slender glass lizard by August 12, 2026 to: