Burrowing Owls on a Lehigh Acres Lot
Burrowing owls are a real question on Lehigh Acres lots. The Florida burrowing owl is state-designated Threatened, Lee County is inside its range, and FWC counts vacant lots among the places it lives. Clearing near an owl burrow follows FWC guidelines with buffers that change with the season: 10 feet for part of the year and 33 feet during nesting season. This guide covers the buffers, the calendar, mowing near a burrow, permits, and who to call.
Why owls come up in Lehigh
FWC's species profile lists the Florida burrowing owl as "State-designated Threatened," names Lee County among the counties in its range, and includes vacant lots in the habitat it uses. Lehigh is a community of mostly quarter- and half-acre platted lots, so the question is worth asking on any vacant one before a machine goes in.
The best-known local numbers come from next door. WGCU reported in February 2023 that Cape Coral has about 3,000 burrowing owls, the most in Florida, and that after Hurricane Ian FWC looked into heavy equipment working Cape Coral lots that had owl and tortoise burrows. That was Cape Coral, not Lehigh, and there's no official owl count for Lehigh. The takeaway for a Lehigh owner is simpler: look before you clear.
How the law protects them
- Florida rule 68A-27 of the Administrative Code requires a permit to take burrowing owls, their nests (burrows) or their eggs.
- The federal Migratory Bird Treaty Act also protects them.
- FWC's Burrowing Owl Guidelines say: "Activities that result in take to burrowing owls are prohibited without an incidental take permit."
The buffers and the calendar
The guidelines set a buffer around each potentially occupied burrow, and its size depends on the date:
| Dates | Season | Buffer around the burrow |
|---|---|---|
| July 11 to February 14 | Outside breeding season | 10 feet |
| February 15 to July 10 | Breeding season | 33 feet |
Here is what that does to a lot. A 10-foot buffer is a circle of about 314 square feet. A 33-foot buffer is about 3,420 square feet, close to a third of a quarter-acre lot (10,890 square feet) and about a sixth of a half acre. A burrow near the middle of a quarter-acre lot can hold up the house pad in spring but leave room to work in the fall.
That makes timing part of the plan. If an owl burrow is on or near the lot, find out early which buffer will apply on the date the clearing is scheduled, and set the schedule with that in mind.
Mowing and yard work near a burrow
The guidelines allow lawn maintenance that doesn't collapse or flood burrows, and they give specific advice: "Avoid mowing over burrow entrances and use light equipment (e.g., a weed trimmer)." For an owner keeping a vacant lot under Lee County's mowing ordinance, that means flagging any burrow before the mowing crew arrives and keeping riding mowers and tractors off the entrance.
A forestry mulcher or skid steer isn't light equipment. Keep heavy machines outside the buffer for the season. See overgrown lots and code violations for the mowing rules.
When the burrow is where the house has to go
According to FWC's guidelines, the agency "typically does not issue permits for excavation and filling of active burrows" except for safety reasons. For the permit category that covers most residential and commercial developments, one of the mitigation options the guidelines list is:
- at least two starter burrows on site for each burrow cluster, and
- a contribution of $850 per burrow cluster to the Imperiled Species Permitting Conservation Fund.
Other options in that category include $1,900 per burrow cluster on its own, or two artificial burrows plus $600 per cluster. On a small parcel, which the guidelines describe as a quarter- or half-acre lot, starter burrows go as far from the disturbance as possible, typically near the front corners. How "active" is judged, and how timing fits a permit, are questions for FWC's permitting staff: (850) 921-5990 or WildlifePermits@myfwc.com.
The guidelines may be changing
FWC approved revisions to its burrowing owl guidelines on August 13, 2025. The PDF linked from FWC's species guidelines page still shows the February 2018 approval. Before you rely on the 10- and 33-foot buffers or the $850 figure, ask FWC whether a revised version is in effect.
Owls and tortoises on the same lot
Both are FWC matters, but the rules differ. A gopher tortoise burrow carries a 25-foot buffer all year; an owl burrow carries 10 or 33 feet depending on the date. The permits are different too, so one survey that looks for both saves a second trip. Lee County's own protected species list (Appendix H of its land development code) is a separate county question for Environmental Sciences at 239-533-8585.
Gopher tortoises on a lot covers the tortoise side.
Where clearing near owls goes wrong
- Clearing is scheduled for spring without anyone checking for burrows, then the 33-foot buffer stops the job.
- A mowing crew runs a riding mower or tractor over a burrow entrance.
- Fill trucks, brush piles or parked machines end up inside the buffer.
- Someone tries to fill in a burrow to "solve" the problem. That's the take the rules prohibit without a permit.
If you see owls being harmed, FWC's burrowing owl page lists the toll-free line 1-888-404-FWCC.
Burrowing owl questions
Can I clear my lot if owls are using it?
Possibly, if the work stays outside the buffer for the season: 10 feet from July 11 to February 14, 33 feet from February 15 to July 10. Work that would take owls or their burrows needs an FWC incidental take permit first.
Can I fill the burrow in myself?
No. Filling a burrow is the kind of take the rules prohibit without a permit, and FWC says it typically doesn't permit filling active burrows except for safety.
Which months are hardest for clearing near a burrow?
February 15 through July 10, when the guidelines' buffer grows to 33 feet.
Is mowing allowed near a burrow?
The guidelines allow lawn care that doesn't collapse or flood burrows. Don't mow over the entrance, and use a weed trimmer close in.
Who do I ask about a permit?
FWC's wildlife permitting office: (850) 921-5990 or WildlifePermits@myfwc.com.
Getting help
If you know there's a burrow on or near the lot, say so when you call or send the form. Your request goes to one independent local contractor, who can plan and price the clearing around the buffer. The referral is free.
Got a lot in Lehigh Acres that needs clearing?
Call or send the short form. Your request goes to one independent local contractor who can walk the lot and put a price in writing. There's no charge for the referral.