Gopher tortoises, scrub jays, and building in Florida: what every buyer should know about wildlife surveys

There are a lot of things buyers research before building a home in Florida. Floor plans, permitting timelines, construction costs, finish selections. Wildlife surveys rarely make that list — until someone finds a gopher tortoise on their lot and suddenly the build is on hold while they figure out what comes next.

This is one of those realities of building in Florida that experienced local builders know well and first-time builders often don’t find out about until it affects their project. It’s not a reason to avoid building — it’s a reason to know what you’re dealing with before you start, so nothing catches you off guard.

Why Florida takes wildlife seriously

Florida is home to an unusually high number of protected and threatened species, many of which overlap with the exact habitats where residential development happens — upland scrub, pine flatwoods, coastal areas, and the kind of open, undeveloped land that buyers are often most interested in building on.

The state and federal protections covering these species aren’t suggestions. The Florida Fish and Wildlife Conservation Commission (FWC) and the U.S. Fish and Wildlife Service both have jurisdiction over species and habitat in ways that directly affect what you can do with a piece of land and when. Violating those protections — even unintentionally — carries real penalties. More practically, it can shut down a construction site.

The two species that come up most frequently in Brevard and Indian River County residential construction are the gopher tortoise and the Florida scrub-jay. Both are protected, both are common in this area, and both require specific handling when they’re found on a construction site.

Gopher tortoises: the most common encounter

The gopher tortoise is a Florida icon and a keystone species — its burrows shelter hundreds of other animals, which is part of why it’s so heavily protected. Gopher tortoises are found across much of Brevard and Indian River County, particularly on sandy, well-drained upland lots that are often the most desirable for building.

If a gopher tortoise or its burrow is found on a lot prior to or during construction, work cannot simply proceed around it. Florida law requires that tortoises be relocated by a licensed gopher tortoise agent before the land is disturbed. That relocation involves a permit from the FWC, a fee paid to the state’s Gopher Tortoise Management Trust Fund, and the actual work of relocating the animal to an approved recipient site.

The cost of relocation varies depending on the number of tortoises and the complexity of the situation, but it is a real line item — and one that needs to be in your budget if there’s any reason to think tortoises may be present on your lot. A pre-construction survey by a licensed agent is the right way to find out before construction begins rather than after.

The good news is that this process, while it adds time and cost, is manageable when it’s identified early. The builders and buyers who run into the most trouble are the ones who didn’t know to look, or who tried to proceed without going through the proper channels.

Florida scrub-jays: a different kind of complication

The Florida scrub-jay is one of only a handful of bird species found exclusively in Florida, and its population has declined significantly as scrub habitat has been developed over the decades. It is listed as threatened under the federal Endangered Species Act, which gives it substantial protection.

Scrub-jays are territorial and tend to stay in the same areas, which means a lot with scrub habitat — the low, open, sandy vegetation that characterizes certain parts of Brevard and Indian River County — may have resident scrub-jays that need to be assessed before construction can proceed. If scrub-jays are present, the U.S. Fish and Wildlife Service may need to be involved, and the impact to their habitat may need to be mitigated.

This is a more complex situation than a gopher tortoise relocation, and in some cases it can affect what can be built on a lot and where. A buyer considering a lot with significant scrub habitat should have a wildlife assessment done before committing to purchase, not after.

Other species worth knowing about

Gopher tortoises and scrub-jays are the most frequently encountered, but they’re not the only protected species that can affect a build in this region. Bald eagles and their nests have strict buffer requirements that limit construction activity within a defined radius. Listed plants — certain species of native vegetation protected under Florida law — may need to be assessed on lots with natural vegetation. Sea turtle nesting season affects lighting requirements for coastal construction from May through October.

None of these automatically make a lot unbuildable. But each one has specific requirements, and the right approach is to identify them during the due diligence phase — before purchase when possible, or at minimum before permitting and construction planning — rather than discovering them mid-project.

What we do on every project

We evaluate wildlife considerations as part of our standard site assessment process. When we look at a lot, we’re looking at the vegetation, the habitat type, and any visible signs of protected species activity — tortoise burrows, scrub habitat, eagle nests in the area. If there’s anything that warrants a formal survey, we flag it early and factor the time and cost into the project planning.

This isn’t something we treat as an afterthought. A wildlife issue discovered after a permit is issued and a construction schedule is set is far more disruptive than one identified during the lot evaluation phase. The goal is always to go into a project with a complete picture, not a partial one.

If you’re evaluating a lot — especially an undeveloped parcel with natural vegetation, scrub habitat, or a history of being undisturbed for an extended period — it’s worth asking specifically about wildlife considerations before you commit. It’s a question we’re always glad to help think through.