A Florida property should be checked for gopher tortoise burrows before land clearing whenever suitable habitat or suspicious burrows may be present. Finding the issue after clearing begins can stop the job, increase cost, and create a legal problem that early survey and permit planning could have prevented.
Gopher tortoises and their burrows are protected under Florida law. The Florida Fish and Wildlife Conservation Commission states that tortoises must be relocated before land clearing or development affects them, and relocation requires an FWC permit.
The practical trigger is disturbance, not whether a tortoise is visible
A tortoise may be underground when the property is walked. The burrow and signs around it matter. FWC describes a burrow as a tunnel with a cross-section resembling the tortoise’s shape. Sandy soil, a fan or apron of excavated sand, tracks, feeding trails, and similar openings nearby can be reasons to investigate.
Do not insert a camera, collapse the opening, cover it, move an animal, or use equipment near it to “see if anything comes out.” Survey and relocation follow defined procedures.
If you found a possible burrow today
Pause disturbance around the opening, photograph it from a respectful distance, mark its location without touching the burrow, and show it on the site plan or property sketch. Include equipment staging and access routes when describing the planned work; those areas can be part of the disturbance footprint even if the building itself is farther away. Then confirm the survey and permit path before moving the clearing line.
The useful outcome is not identifying the species from one photo. It is preventing the work plan from assuming the area is clear before the required survey has answered that question.
Understand the 25-foot decision boundary
FWC guidance says a relocation permit generally is not required when all burrows can be avoided by at least 25 feet in every direction during development activity. If that avoidance is not possible, the applicable permit and relocation path must be determined before disturbance.
The boundary also matters near a property line. FWC warns that clearing on one parcel can still create responsibility if it collapses or harms a burrow on an adjacent property.
What a burrow survey accomplishes
For the FWC 10-or-fewer-burrows process, the development area is covered with systematic walking transects. FWC says the transects should be straight, parallel, no more than 33 feet apart, and cover the development area plus areas within 25 feet of planned activity. Dense vegetation may require closer spacing because visibility is lower.
The survey maps the burrows and classifies them according to the current guidelines. That information helps determine whether the work can avoid burrows, whether on-site habitat remains suitable, or whether off-site relocation by an authorized agent is required.
Why clearing first creates a harder problem
FWC identifies a Disturbed Site permit for projects where ground disturbance occurred before surveys or capture and relocation were completed. That is not a shortcut. Work can be delayed while the affected area, law-enforcement status, mitigation, and relocation requirements are addressed.
The better sequence is:
- Define the full disturbance area, including equipment staging and access.
- Survey the required area under current FWC guidance.
- Design around burrows where lawful and practical.
- Obtain the appropriate permit and complete relocation when avoidance is not possible.
- Protect the cleared/approved boundary and then begin site work.
Coordinate wildlife work with the clearing plan
Coordinate the survey or relocation scope with the actual clearing and grading plan. That keeps the surveyed impact area, equipment route, and real disturbance aligned instead of treating wildlife review as a separate paper exercise.
Frequently asked questions
Can a property owner conduct a survey?
FWC says landowners can conduct surveys for certain 10-or-fewer-burrows permits, while an authorized gopher tortoise agent is recommended for larger or heavily vegetated properties. The current permit type and guidelines should control the decision.
Can I move a tortoise to another part of my property?
Not on your own. Handling and relocation require authorization under FWC rules. On-site relocation is possible only when the permit conditions and suitable-habitat requirements are satisfied.
Official FWC sources
- Gopher tortoise rules and regulations
- 10 or Fewer Burrows Permit
- Gopher tortoise permitting guidelines
If you need the survey, permit path, relocation work, and clearing sequence coordinated, call D&R Landscaping & Excavation at (772) 370-9457 or use the Contact Us page before clearing begins. Provide the property address, acreage, proposed work area, timeline, and any survey or site plan available.