Yes, despite badgers and their setts being protected by law, developers can (sometimes) build on or near active badgers setts lawfully. The final decision on a development going ahead will be taken by a local planning authority who will look to see that mitigation measures have been put in place. To start with, developers must use an ecologist to determine whether or not a sett is active and what part of the sett is on the land that is to be built on (part of the main sett, an outlier sett, or a subsidiary sett, for example). By law a 30-metre buffer zone must be left around the setts as tunnels can extend underground and not be visible from the surface. Badger mitigation measures where a sett can be lawfully accommodated within a development (and that includes the buffer zone) may include: Installing fencing during construction to protect the sett (which badgers must be able to pass underneath or through). Creating unlit ‘green corridors’ to help badgers access their existing foraging habitat. Not allowing artificial lighting to fall on the sett during or after construction. Mitigating against lost foraging areas by planting additional trees and shrubs close to the sett. Not positioning footpaths, benches, and play areas close to a sett. If a development plan impacts the land within the 30 metres buffer zone mitigation is more complex. A licence from Natural England is required to close tunnel entrances/exits holes. If more than HALF of a sett's identified holes need to be closed, an artificial sett may need to be built. An artifcial sett must be built between between July and the end of October, and it must be in place six months before the original sett is closed. The original sett must be checked every day for 21 days and if badgers have returned the daily checks must re-start from the beginning. If after 21 days the artifical sett is occupied and the original sett is still empty it can then be dug up by the developer.