Endangered snakes delay Banwell Road, E.C. Row Expressway overpass projects

Work on Windsor's large Banwell Road interchange and corridor construction projects is currently on hold after Butler's gartersnakes were discovered.

The snakes are considered a species at risk. Similar environmental concerns surrounded the same reptile while the neighbouring NextStar Energy battery plant was being built.

The road projects total more than $100 million and include an overpass being built across the E.C. Row Expressway, another roundabout, on and off ramps, and more lanes put in on Banwell as the road widens south of the expressway, on the city's east-side.

Right now, there's a dedicated intersection with traffic lights — meaning vehicles often back up and idle for multiple light cycles in all directions.

Under Ontario's Endangered Species Act, a provincial permit was issued to the city on May 28 regarding the snakes.

It includes conditions requiring surveys being conducted, called "targeted salvage," to collect and remove them from the project area before work can get underway.

Any Butler's gartersnakes found will be moved by a "qualified professional" to a "suitable area within their home range," according to Gary Wheeler, spokesperson for Ontario's Ministry of Environment, Conservation and Parks. 

The permit remains in effect until all conditions are satisfied, he said, and that includes installing exclusion fencing and using certain surveying methods, such as cover boards, to locate all of the snakes in the area. 

"Multiple surveys are required to be conducted, to ensure all Butler's gartersnakes are removed prior to the start of construction," said Wheeler.

"This includes requirements to minimize adverse effects on the species and its habitat, implementing beneficial actions to support the protection and recovery of the species, and monitoring the effectiveness of those beneficial actions for a 10-year monitoring period," he added.

Karen Alexander is the City of Windsor's naturalist. She says the Butler's gartersnake is only found in a few places in North America, with the majority of them isolated to the Great Lakes region.

The snakes are being relocated to nearby areas approved by the province.

"You move through the area that you've isolated the snakes into, and you're visually searching for them," she said.

"When you find them, you're putting them in a bag and bringing them to relocation sites."

According to Alexander, they've also come across other types of snakes and moved them, like Eastern gartersnakes, during the sweep of the project area. 

Project path

Stacey McGuire, Windsor's executive director of municipal engineering, says the discovery of the snakes set the city back a "few months."

"[We're] trying to get the plan in place to do this and rightly so," she said.

"That's what you'll see out there right now ... people picking up the snakes, moving them into more appropriate locations where they're not going to get injured."

McGuire anticipates completing the snake surveying and relocations by the end of June — enabling crews to mobilize construction efforts in early July. 

She expects a "considerable" amount of project work to be done in the Banwell corridor this summer, and said she hopes everything will open — including the new overpass — around summer 2027.

"I think we'll be able to nail something down pretty tightly with the contractor over the next month or so in terms of schedule," McGuire said. "Then we'll be able to say something with a little bit more certainty."

Bill 5 could've helped, says MPP

Ontario has given the city roughly $69 million toward the upgrades. Some of that cash is also being used to extend Wyandotte Street East and improve the intersection at Banwell and McNorton Street.

Windsor–Tecumseh MPP Andrew Dowie says it's important to support projects like this — but so is seeing them continue to move forward.

"It is the biggest bottleneck [for] many of us in the east side of Windsor and into Tecumseh … and those travelling from Lakeshore," said the Conservative politician.

"This is a regional issue ... our commutes are lengthened because of this intersection. Also having all those cars just idling for a couple of traffic cycles in the morning, in the evening doesn't help our environment at all."

Traffic volumes are expected to increase in the area as the NextStar Energy battery plant continues to ramp up production and its hiring.

Dowie says if his government's recently passed controversial Bill 5 was in place ahead of the Banwell work beginning, and discovery of the snakes, he believes action could've been taken much quicker.

"We are very knowledgeable about the Butler's garter snake and Windsor, Essex County. We know what they are. We know what their habitats are. We know how to put up the snake fence. We know what we need to do. And yet the permit process does not allow for us to use our expertise."

Bill 5, also called the Protecting Ontario by Unleashing Our Economy Act, empowers the government to establish special economic zones, where companies or projects can be exempt from provincial or municipal regulations. 

Dowie says despite fast-tracking projects, there's no leeway when it comes to protecting the environment.

"Bill 5 is a permit by right and that means you register the project, you commit to fulfilling all requirements under the various environmental protections and you act. And if you are found to be in violation, you are going to be fined or you may even go to jail."