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. As long as no clearing, filling, or construction occurs within a 25-foot radius of any gopher tortoise burrow entrance, no permit is required.
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: Despite the implementation of the Florida FWC Gopher Tortoise Management Plan, tortoise populations across the state of Florida are still in decline. Although for now, the gopher tortoise is not a federally protected species, it is still listed as a Threatened species in Florida and is still subject to protection.
Q: Do gopher tortoises ever abandon burrows?
A: Yes, and frequently. Although gopher tortoises may maintain the same burrow for decades, the burrows are often destroyed by natural processes such as flooding, cave-ins, and fallen trees. Although abandoned burrows may still be used by other animals, including other threatened and endangered species, they are not considered to be protected and do not avoidance or an FWC permit. However, you should always consult the FWC or an FWC-authorized gopher tortoise agent to determine whether a burrow is abandoned or active.
Q: We’re 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: No. The FWC says that gopher tortoises can only be relocated once. For multiphase developments, gopher tortoises within each phase footprint must be relocated off-site and silt fencing must be erected and maintained for the duration of the development phase.
Q: Can we just leave a 50-foot area undisturbed around each burrow and proceed with development? A: No. Sufficient land cover must be made available for each tortoise to feed, bask, seek shade, and socialize. The tortoises must also be allowed unrestricted travel offsite.
Q: Are we allowed to mow and maintain the property without applying for a permit? A: Technically yes. Some silviculture activities are 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: No, entombment is no longer allowed by the FWC.
Q: During land clearing previously undocumented gopher tortoise burrows were disturbed, how should we proceed? A: You should immediately stop work at the site and contact the Florida FWC for instructions.
Q: A gopher tortoise survey was completed more than 90 days ago, does another survey need to be completed? A: Yes, another survey must be completed to account for the potential recruitment of additional tortoises since the last survey.
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: There are a few options depending on the planned development and the final use of the property. Tortoises can either be temporarily relocated onsite, permanently relocated on-site to an area where no development will take place, or permanently relocated off-site to a recipient site. Speak with Excelsior Environmental Consultants today to discuss the specific needs of your project.
Updated 19 September 2024
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