Residential development in Florida has been growing fast over the past decade. If you want to buy land and build in Florida, then you need to know some key details about the FWC gopher tortoise permitting guidelines.
The simple truth is that the gopher tortoise population is headed in the opposite direction. There are roughly 785,000 gopher tortoises in the state of Florida alone. But why are they so important? They were reclassified as “a State-designated threatened species” in 2007. Their burrows are home to over 350 species. So, the entire ecosystem would be severely hurt without them.
If you plan on building in Florida, you must know the Florida Fish and Wildlife Conservation Commission (FWC) guidelines around tortoises. The growth of both your company and the environment depends on it.
Understanding Conservation Permits
It can be easy to view these permits cynically, but they are required by law before building. If you are not careful, you could destroy a burrow and drastically hurt the ecosystem of animals. And in doing this, you can heap fees onto your own company. It is best to avoid the fees and harm to gopher tortoises and do things the right way, the first time.
The Florida Fish and Wildlife Conservation Commission is the organization you’ll need to purchase a permit from.
Requirements for Conservation Permits
There are a couple of requirements you need to meet to get a permit.
Authorized Gopher Tortoise Agent
According to the FWC site on conservation permits,
“An authorized gopher tortoise agent is required for all capture and relocation activities associated with this permit.”
It is imperative that a state-certified professional personally comes to the land. These gopher tortoise agents, like Creek Engineering, provide extensive assistance to help you obtain the permit necessary for your specific construction activity. Damage during development activities happens quickly without relocation of tortoises. This is why it is so crucial to get the correct gopher tortoise permit and follow a compliant development process.
Mitigation Contributions
There is a required financial contribution to cover the FWC for their services. The amount of this is dependent on a few different factors:
- Conservation value
- Numbers of tortoises affected
- Any other legal issues involved
Application Process for Conservation Permits
The application process for a conservation permit begins with a collection of your information and the job site details. More specifically, they will require the following:
- Personal Contact Information
- Developer Contact Information
- Project Information
- Development Start Date
- Total Acreage of Development Activities
- Gopher Tortoise Habitat Acreage
- Vegetative Communities/Land Use Codes
- Vegetative Communities/Land Use Maps
- Gopher Tortoise Capture and Transportation Method
- A soils map or soil survey will be provided for the property
- Burrow location map, burrow ID table
- A population estimation
If you intend to apply for a conservation permit, you must anticipate providing at least this information for them. They may ask for more information.
The completed application must be submitted 90 days before the start of your project. Most of the time, applications are processed within 45 days.
Then, an after action report needs to be sent to the FWC within the permitting system detailing the actions, health evaluations, morphological data, nests, commensals
Primary Types of FWC Gopher Tortoise Relocation Permits
There are five types of permits you can apply for. Here are the 2 most relevant permits that are offered.
10 or Fewer Burrows Permit
You will only need this permit if:
- You have 10 or fewer gopher tortoise burrows on your project site
- You cannot avoid disturbance to all tortoise burrows on the development site by 25 ft+
- You have a suitable habitat remaining on-site following site development
Tortoises must be relocated off-site to an authorized recipient site by an authorized agent.
Temporary Exclusion Permit
This permit is used only to relocate the tortoise temporarily. It is typically used for the installation or maintenance of major linear utility transmission lines. Temporary exclusion permits are only applicable if suitable habitat is restored after the development.
Burrow or Structure Protection Permit
There is also a Burrow or Structure Protection Permit, which allows for up to 2 burrows to be relocated onsite for special cases.
Burrow or Structure Protection (BSP) permits are available when one or two burrows jeopardize the integrity or utility of an existing structure and therefore poses a public safety concern (e.g., burrow under a propane tank), or if the safety of the resident tortoise is compromised (e.g., burrows in a grass parking lot, dirt driveway, etc.).
Tortoises moved under a Burrow or Structure Protection permit can only be moved on-site. They can only be given for up to 2 burrows, once a year, for a property that is next to each other and owned by the same person. BSP permits are valid for 6 months from the date they are issued and do not require submittal of a final after-action report.
Usually, the FWC prefers that landowners live with tortoises and their burrows and avoid unnecessary relocation. Typical activities associated with residential lawn and landscape maintenance do not require a permit, provided the activities do not collapse gopher tortoise burrows or harm gopher tortoises.
Working with Environmental Engineers in Gopher Tortoise Conservation
All of this seems daunting at first, because of the fees and potential permits.
But, you don’t have to do it alone. There are experienced environmental engineering companies, like Creek Engineering and others, who are ready to help.
Creek helps navigate development permit requirements to prevent any accidental mistakes that bring legal action from the FWC.
Working with an environmental engineering firm like Creek keeps the process simple and straightforward. You can quickly figure out what permits are needed, where an official Gopher Tortoise recipient site is located, and how much investment each step will require.
When we help clients in Southwest FL, all they need to worry about is purchasing the permit. Creek handles the complete site survey, trapping, transportation, and relocation of gopher tortoises.
Frequently Asked Questions
Why are permits needed?
In Florida, these tortoises are classified as a state-listed threatened species. This means that it is against the law to take, harm, or harass tortoises (or their burrows) unless the FWC allows it via a permit.
We are preparing to clear a lot for development and the adjacent lot has an active gopher tortoise burrow that is close to the property boundary. Can we clear our entire lot if the tortoise is on the other lot? What precautions should we take?
You must consider the actual distance from the job site and the tortoise burrows. If the development is not within 25 feet of a burrow, this is no issue. If it is within 25 feet but on the neighboring property, the best response would be to contact the regional gopher tortoise conservation biologist. They can discern your situation to see what your next steps must be.
Ultimately, if your building interferes with a gopher tortoise burrow, even if it is on neighboring property, you will likely be held responsible for it.
Do FWC staff relocate tortoises for development projects or personal properties?
The FWC staff does not relocate tortoises for private citizens, developers, or governments. Instead, the FWC certifies authorized agents (private consultants) who assist with the capturing, marking, and relocation process. Their agent training course is extremely in-depth and include topics such as:
- Suitable gopher tortoise habitat
- Burrow classifications
- How to submit a complete application for construction activity
- Recipient site permit applications
- Approved gopher tortoise relocation techniques
- Bucket traps and excavation of gopher tortoise during construction projects
- Guidance on activities related to commercial site developments
Are there any activities that do not require a permit under the FWC gopher tortoise permitting guidelines?
The Enforcement Policy lists several activities which do not require a permit, such as:
- Tilling
- Planting
- Mowing and basic landscaping activities
- Harvesting
- Prescribed burning
- Disking
- Roller-chopping
- Tree-cutting
Work With an Authorized Gopher Tortoise Agent – Creek Engineering
These permits are important to the conservation of the gopher tortoise burrows and the efficient development of your project. Don’t cut corners or waste time chasing down all the government red tape. Contact Creek Engineering, or an authorized gopher tortoise agent in your area, to learn more and get started today.
Creek Engineering is an environmental engineering company that operates in Southwest Florida. Please click the link below to learn more about our Gopher Tortoise Burrow Survey and Action Report.
