Gopher Tortoises on a Lehigh Acres Lot
Finding a gopher tortoise burrow on a Lehigh Acres lot brings the Florida Fish and Wildlife Conservation Commission (FWC) into the job before any clearing. Its rules are statewide: any work within 25 feet of a burrow counts as a disturbance, and disturbing a potentially occupied burrow takes a permit. On a quarter-acre lot that circle covers a real share of the ground. Below: the buffer, the permits, FWC's 2026 mitigation figures, who may handle tortoises, and who to call in Southwest Florida.
The rule in two sentences
Two lines on FWC's gopher tortoise permit page set the rule: "A disturbance includes any type of work within 25 feet of a gopher tortoise burrow," and "A permit is required when a potentially occupied gopher tortoise burrow will be disturbed." Its FAQ gives the other side: "an FWC permit is not required if all gopher tortoise burrows are avoided by 25 feet in all directions."
The lot line doesn't end your responsibility. The same FAQ warns that if work on your side collapses a burrow on the neighbor's side, "you may still be held responsible if those actions result in the collapse." So the check covers burrows within 25 feet of your boundary, not only the ones on your lot.
What 25 feet means on a Lehigh lot
A 25-foot buffer in every direction is a circle 50 feet across, or roughly 1,960 square feet. A quarter acre is 10,890 square feet, so one buffer uses about 18 percent of a quarter-acre lot; on a half acre (21,780 square feet), about 9 percent. Those are straight geometry, before setbacks, the septic area or the driveway are drawn in.
The location of the burrow decides more than the size of the circle. A burrow tucked in a back corner may leave room to build if the 25-foot ring is staked and every machine, brush pile and load of fill stays outside it. A burrow near the middle of the lot, or two or three spread across it, usually means the permit route. Write whichever applies into the contractor's quote.
The permits FWC offers
FWC lists these gopher tortoise permit types: Mitigation; 10 or Fewer Burrows; Conservation; Temporary Exclusion; Authorized Agent; Disturbed Site; Recipient Site; and Scientific Collecting. For a single house lot, the one to read first is usually 10 or Fewer Burrows.
The 10 or Fewer Burrows permit
FWC's 10 or Fewer Burrows page says the permit fits when there are "10 or fewer gopher tortoise burrows on the development site" and you "cannot avoid disturbance to all tortoise burrows" by 25 feet. Key points from that page:
- The person handling tortoises "must either complete the online e-Learning curriculum or have an Authorized Gopher Tortoise Agent permit."
- "Registered agents are limited to two 10 or Fewer Burrow Permits in a lifetime."
- The mitigation contribution to FWC is the same whether the tortoises stay on the property or move off it.
Keeping tortoises on site takes room. FWC's guidance for property owners asks for a recipient area of "at least 750 square feet of suitable gopher tortoise habitat," at least 10 feet wide, and "Half of the recipient area must be at least 25 feet from construction boundaries." That's about 7 percent of a quarter acre, or a strip 10 feet wide and 75 feet long, with half of it held 25 feet back from the work. On a small lot that can be hard to fit, so ask whoever handles the permit to compare on-site and off-site relocation for your layout.
FWC's 2026 mitigation figures
FWC's mitigation table, adjusted for the 2026 CPI, lists these contributions:
| Permit | Mitigation listed for 2026 |
|---|---|
| 10 or Fewer Burrows | $280 |
| Authorized Agent | $699 |
| Disturbed Site | $5,590 additional per tortoise; $2,096 additional per tortoise for single-family property owners |
| Temporary Exclusion | $140 to $419 per tortoise |
Confirm current figures with FWC before you budget. Survey and relocation fees charged by an agent are separate from these contributions.
Who to call from Lee County
Lee County sits in FWC's Southwest Region, whose office is at 3900 Drane Field Road in Lakeland (863-648-3200). FWC's gopher tortoise contacts list:
- Southwest Region gopher tortoise contact: (863) 648-3856
- Gopher tortoise program assistant: (850) 921-1031
- FWC main line: (850) 488-4676
- Wildlife Alert Hotline, for reporting a violation: (888) 404-3922
Lee County and FWC have worked on this locally too: FWC held a gopher tortoise workshop for Lee County local governments, announced for May 17, 2023.
Lee County's protected species rules
The county's protected species page says listed species get habitat protection through several county land development regulations, with the full list in Appendix H of the code. It says a survey "is required for most new development projects," with a management plan when protected species turn up. It doesn't say whether a single-family lot needs that survey, so ask Environmental Sciences at 239-533-8585 when you apply.
Where clearing jobs go wrong
- A machine shows up before anyone has walked the lot, including the strip along each property line.
- Burrows hidden under palmetto or Brazilian pepper get missed until the brush is already coming down.
- Brush piles, parked equipment or fill end up inside a 25-foot ring that was never staked.
- Someone decides a burrow "looks empty." FWC's test is whether a burrow is potentially occupied; leave that call to the person doing the survey.
- Owl burrows get overlooked because everyone was looking for tortoises. See burrowing owls on a lot.
Who this page is not for
If you've found an injured tortoise or seen one being harmed, call the Wildlife Alert Hotline at (888) 404-3922, not a clearing contractor. And if your project is a subdivision or a commercial site, the larger FWC permits and the county's survey rules are a conversation for your engineer or environmental consultant before any clearing quote.
Gopher tortoise questions
Can I move a tortoise off my lot myself?
Only under an FWC permit, and the person handling it must have finished FWC's online e-Learning course or hold an Authorized Agent permit.
The burrow is on the neighbor's lot. Does it matter?
Yes, if your work comes within 25 feet of it. FWC says you can still be held responsible if your work collapses it.
Does the county issue the tortoise permit?
No. FWC issues gopher tortoise permits. Lee County's own protected species rules and survey requirements are a separate question for Environmental Sciences.
Will a burrow stop me from building?
Not necessarily. Either the work stays 25 feet clear of every burrow, or a permit such as 10 or Fewer Burrows lets the tortoises be relocated before clearing.
What does the permit cost?
FWC's 2026 table lists $280 in mitigation for the 10 or Fewer Burrows permit. Agent or surveyor fees are on top of that and vary.
Getting help
Tell the contractor about any burrows you've seen when you call or send the form. The request goes to one independent local contractor, who can walk the lot and price the clearing around whatever FWC requires. 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.