Common Gopher Tortoise Permitting Questions: Q&A
Updated: 6 days ago
Below is a list of questions we commonly receive regarding gopher tortoise permitting.
Have a question that isn't addressed below? Email us anytime at contact@excelsiorflorida.com or call 855-720-2333.
Q: Does the presence of gopher tortoises on a property always require a permit? A: No. A permit is generally not required if all clearing, grading, construction, and equipment staging activities remain at least 25 feet from all potentially occupied gopher tortoise burrows. Any disturbance within 25 feet of a burrow may require authorization from the FWC.
Q: The USFWS declined to list the gopher tortoise as a federally protected species in late 2022. Does this change the requirements for gopher tortoise protection in Florida? A: No. Despite the implementation of the Florida FWC Gopher Tortoise Management Plan, tortoise populations across the state of Florida are still in decline. Although the eastern population of the gopher tortoise is not currently federally listed, the species remains designated as Threatened in Florida. Gopher tortoises and their burrows continue to be protected under state law, and FWC permitting requirements remain in effect.
Q: Do gopher tortoises ever abandon burrows?
A: Yes. Burrows may be abandoned due to natural events such as flooding, collapse, or changes in habitat conditions. While abandoned burrows are not regulated the same way as potentially occupied burrows, landowners should never assume a burrow is abandoned based solely on appearance. An evaluation should be completed by the FWC or an FWC-authorized gopher tortoise agent before any disturbance occurs.
Q: Our team is planning a multi-phase development. Can we just relocate gopher tortoises from the first phase footprint to another area onsite and then relocate all the gopher tortoises offsite later? A: Generally no. The FWC's permitting program is designed to minimize repeated relocation of gopher tortoises. For phased developments, tortoises affected by each phase are typically relocated to an approved long-term recipient site or on-site relocation area, and exclusion fencing is installed to prevent tortoises from reentering active construction areas.
Q: Can we just leave a 50-foot area undisturbed around each burrow and proceed with development? A: No. Protecting a burrow alone is often insufficient. Gopher tortoises require adequate habitat for foraging, basking, shelter, and movement. Projects must ensure that tortoises retained onsite have access to suitable long-term habitat and are not isolated by development features. Most importantly, the tortoises must be allowed unrestricted movement on- and off-site.
Q: Are we allowed to mow and maintain the property without applying for a permit? A: Technically yes. Routine lawn maintenance and landscaping activities generally do not require a permit if they do not harm tortoises or collapse burrows. However, property owners should exercise caution around burrow entrances, and any activity that could damage a burrow may require authorization.
Some silviculture activities are also permitted without a gopher tortoise permit. But be cautious: the FWC will consider mowing, underbrushing, and clearing as disturbance-creating activities. For any rotary mowing (i.e., bushhogging) the FWC requires the deck height to be set to at least 18 inches above the ground.
Q: Can gopher tortoises be temporarily entombed while land clearing or development takes place? A: Definitely Not! Entombment is not an authorized option in Florida. Gopher tortoises must be properly relocated in accordance with FWC permitting requirements before activities that would impact occupied burrows occur.
Q: During land clearing previously undocumented gopher tortoise burrows were disturbed, how should we proceed? A: Stop work immediately in the affected area and contact the FWC or an FWC-authorized gopher tortoise agent. Work should not resume in the vicinity of the burrow until obtaining appropriate guidance.
Q: A gopher tortoise survey was completed more than 90 days ago, does another survey need to be completed? A: Yes. FWC permitting typically requires a current survey because new tortoises may colonize a site and previously undocumented burrows may become established over time.
Q: I paid mitigation fees for 15 tortoises, but there were only 13 tortoises on the property. Can the excess mitigation be refunded? A: Yes, excess mitigation fees are refundable, less a 3% administrative fee. Refunds may be requested for withdrawn permit applications or voided permits (with no action taken). Note, however, that refunds are not issued for the minimum mitigation amount required to obtain a relocation permit (e.g., for 10 or Fewer Burrows permits or Conservation permits, or for Temporary Exclusion permits with tortoises excluded for two months or less), even if no tortoises are captured, or if a permit expires with no burrows impacted and no tortoises captured, because the issued permit authorized both the capture of gopher tortoises, and the damage, collapse or covering of gopher tortoise burrow(s).
Q: Gopher tortoises are present throughout my property but I’m only developing part of it. What should I do? A: The best approach depends on the project design and the amount of suitable habitat that will remain after development. Depending on site conditions and permit eligibility, tortoises may be relocated to a protected area on-site, or may need to be moved off the property altogether and sent to an FWC-permitted recipient site. Early coordination with an experienced environmental consulting firm can help identify the most cost-effective and practical option.
Q: How early should the gopher tortoise survey be completed?
A: As early as possible in the due diligence or site development planning process. Gopher tortoise permitting can affect project schedules, site design, and construction costs. Conducting a survey during due diligence or preliminary site planning provides time to evaluate permitting needs and avoid unexpected delays.
Q: What happens if I disturb a gopher tortoise burrow without a permit?
A: Gopher tortoises and their burrows are protected by Florida law. Unauthorized disturbance can result in enforcement action, project delays, and additional permitting requirements. If a burrow is accidentally impacted, contact the FWC immediately for guidance. Need Help With Gopher Tortoise Permitting?
Excelsior Environmental Consulting Group provides gopher tortoise surveys, permitting assistance, relocation coordination, and environmental due diligence services throughout Florida. Contact us today at 855-720-2333 or contact@excelsiorflorida.com to discuss your project.
Updated 19 September 2024
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