On this page, we briefly discuss the ecological significance of the gopher tortoise, outline FWC requirements for property owners and developers, and outline the typical gopher tortoise permitting process. We’ll also briefly cover cases in which Special Permits are required.
1. Gopher Tortoise Ecology in Brief
The gopher tortoise (Gopherus polyphemus) is the only land-dwelling turtle – or tortoise – that exists in Florida today and the only one that digs burrows. Although unassuming in appearance and demeanor, the gopher tortoise is actually an important keystone species and “ecosystem engineer” whose digging increases local floral and faunal biodiversity and whose burrows are used by armadillos, diamondback rattlesnakes, burrowing owls, eastern indigo snakes, eastern cottontail rabbits, Florida mice, among hundreds of other vertebrate and invertebrate species.
Despite their apparent prevalence in sandy uplands, gopher tortoises have very low reproductive rates. A female gopher tortoise typically produces only one clutch of eggs annually, and for every ten clutches, nine never produce a single hatchling either due to developmental issues or predation by other animals. Nine out of every ten tortoises that do hatch don’t survive their first year, and mortality remains high through the juvenile and sub-adult periods. Further, the xeric habitats (e.g., scrub, flatwoods, sandhills) in which gopher tortoises thrive continue to be reduced in Florida by development, fragmentation, and infiltration of other vegetative communities due to forest fire suppression. Gopher tortoises also face heightened mortality from respiratory infections and vehicle collisions.
2. Gopher Tortoise Laws in Florida
In 2007, the Florida Fish and Wildlife Conservation Commission (FWC) officially declared gopher tortoises as a threatened species via Florida Administrative Code 68A-27.003(2)(d)3:
"The Gopher tortoise is hereby declared to be State-designated Threatened Species and shall be afforded the protective provisions specified in this subparagraph. No person shall take, attempt to take, pursue, hunt, harass, capture, possess, sell or transport any gopher tortoise or parts thereof or their eggs, or molest, damage, or destroy gopher tortoise burrows, except as authorized by Commission permit or when complying with Commission approved guidelines for specific actions which may impact gopher tortoises and their burrows. A gopher tortoise burrow is a tunnel with a cross-section that closely approximates the shape of a gopher tortoise. Permits will be issued based upon whether issuance would further management plan goals and objectives” (emphasis ours)
The Florida FWC also implemented the Gopher Tortoise Management Plan in 2007. The goal of the plan is to “incur no net loss of gopher tortoises from the time of plan approval in 2012 through 2022” and outlines four main objectives. The first of these objectives is to:
“Minimize the loss of gopher tortoises by 2022 by ensuring humane and responsible relocation of all gopher tortoises from lands proposed for development, minimizing illegal harvest of tortoises, creating best management practices (BMPs) for agricultural and silvicultural lands, implementing methods to reduce juvenile mortality, reducing loss of tortoises to disease, and reducing vehicle-related mortality through education and exclusion measures”
This objective is primarily serviced by the FWC Gopher Tortoise Permitting Guidelines, which outline the specific permitting requirements necessary to minimize the impact of development activities on gopher tortoises in the State of Florida.
In some jurisdictions, a gopher tortoise survey is mandatory as part of the construction permitting process. In others, no gopher tortoise related requirements are specified but an FWC agent may conduct a site visit at any time to check for the presence of any burrows. If disturbed burrows are documented during this visit, all development will be halted, and the owner will be required to apply immediately for a Disturbed Burrows permit. Other fines and penalties may also apply.
3. Determining if Gopher Tortoises are Present
As stated above, it is illegal to disturb gopher tortoises and their burrows unless a permit has been issued by the Florida FWC. An authorized gopher tortoise agent should be contacted to assess the presence of gopher tortoises on a property.
A typical active gopher tortoise burrow has two defining features: a semicircular or ellipsoid cross-section (dashed yellow line), and a large apron of sand produced from their digging (solid red line):
Often, it is not obvious whether a burrow is active or abandoned. For instance, in the following image the sandy apron is covered by leaves and other debris. Does this mean the burrow is abandoned? Not necessarily:
Gopher tortoises often dig multiple burrows and use each at different times. During the cooler winter months, a tortoise may also spend less time outside its burrow maintaining the entrance. Finally, strong storms can knock debris onto the ground and produce the appearance of an abandoned burrow. A gopher tortoise agent will recognize the characteristics of a potentially occupied gopher tortoise burrow and is also authorized to use certain probing methods to determine burrow status during a survey.
4. The Gopher Tortoise Permitting Process
Typically, the gopher tortoise permitting process occurs in the following order:
1. A minimum 15% area portion, or the entirety of property, is surveyed by an authorized gopher tortoise agent for the presence of gopher tortoises.
a. If gopher tortoise burrows are present, mitigation fees are calculated.
2. Depending on the site and scope of development, a permit application is submitted to Florida FWC within 90 days of the survey for one of the following:
a. Temporary exclusion
b. On-site relocation
c. Off-site relocation
3. After, and only after, mitigation fees are paid, the FWC will issue the permit.
4. If a <100% survey was originally completed, a 100% area survey must be completed within 90 days of start of relocation.
5. Once mitigation fees are paid, a permit is issued, and 100% survey is complete, the AGTA will:
a. Relocate to exclusion area (if permit is for temporary exclusion)
b. Trap or excavate for on-site relocation
c. Trap or excavate for off-site relocation
6. An after-action report will be submitted by the AGTA to FWC. The FWC may follow up with an on-site visit before approving the site.
5. Mitigation Fees
Below is a table of permit type, duration, and corresponding mitigation contribution reproduced from the 2020 FWC Gopher Tortoise Permitting Guidelines (adjusted for 2022 CPI. For current mitigation fees, visit http://MyFWC.com/GopherTortoise:
6. Useful Links
Updated 3 August 2023