What should our Florida HOA board do about gopher tortoise burrows on common area?

By OurHOA · General information · Revised November 3, 2026

Gopher tortoise burrows on Florida HOA common area: the 25-foot rule, when the board needs an FWC permit, 2026 permit costs, and how to plan projects near burrows.

Part of the HOA board handbook: vendors, projects and upkeep.

The short answer

Leave the burrows alone and plan every project around them. The gopher tortoise is a state-listed threatened species in Florida under Rule 68A-27.003 of the Florida Administrative Code, and the Florida Fish and Wildlife Conservation Commission (FWC) prohibits taking, harassing or disturbing tortoises and their burrows without a permit. For a board, the working rule is 25 feet. If all clearing, digging, grading and construction stays at least 25 feet from every burrow in all directions, FWC's guidelines say no permit is needed. If the work has to come closer, the association must get an FWC relocation permit and have the tortoises moved before the work starts. Routine mowing and landscaping that does not collapse a burrow or harm a tortoise needs no permit. This guide covers Florida's rules. Other states in the tortoise's range have their own, and your governing documents may add duties of their own. Treat this as education, not legal advice.

What counts as work near a burrow

FWC's permitting guidelines list the activities that need a permit when they happen within 25 feet of a burrow: clearing, grading, paving, bulldozing, digging, building construction and site preparation for development. In an HOA, that list covers more projects than boards expect: - Regrading or armoring a retention pond bank - Pouring a new sidewalk, pavilion slab or dumpster pad - Trenching for irrigation, lighting or a gate operator - Digging fence post holes along a buffer - Installing playground equipment or a dog park - Grinding stumps after tree removal What stays legal without a permit: mowing, edging, hand trimming and planting, as long as the crew does not drive heavy equipment over a burrow or fill the entrance. FWC also warns that you can be held responsible if your work collapses a burrow on the neighboring property, so the 25 feet runs across the lot line in both directions. The burrows that count are what FWC calls potentially occupied: in good repair with the half-moon shaped entrance, whether or not you see tracks. A burrow with no signs of use may still have a tortoise in it. Do not let a vendor decide a burrow is empty.

Map the burrows before the board approves anything

Start with a simple inventory so every future project begins with the facts. 1. Walk the common area with a site map. Mark each burrow entrance with a numbered stake or a GPS pin from a phone. 2. Draw a 25-foot circle around each one on the map. That ring is your no-dig zone. 3. Give the map to the landscaper and every contractor who bids on ground work. Put it in the board binder with the irrigation plans. 4. Recheck once a year and before any ground work. A tortoise uses more than one burrow over time and digs new ones, so last year's map goes stale. When a project cannot fit around the rings, hire an Authorized Gopher Tortoise Agent to survey the site. FWC staff do not relocate tortoises for private owners or associations, and FWC keeps a locator map of authorized agents on its website. Get two quotes, the same as any other vendor.

Which permit fits your project

FWC issues several permit types. Three matter to most HOAs. - **Burrow or Structure Protection.** For a burrow that undermines an existing structure, such as a sidewalk, pool deck, retaining wall or clubhouse slab. It covers up to 2 burrows, tortoises are moved to another spot on the same property, the permit runs 6 months, and there is no mitigation contribution. The burrow must be collapsed or filled once the tortoise is out, and FWC may require fencing to keep it from coming back. - **10 or Fewer Burrows.** For a project that will disturb no more than 10 burrows. The 2026 mitigation contribution is $280 and the permit lasts 1 year. Tortoises can go to a spot on the property or to a permitted recipient site elsewhere. For an on-site move, the recipient area must include at least 750 square feet of suitable habitat, half of it at least 25 feet from the construction boundary, and the project boundary must be silt fenced. - **Conservation.** For more than 10 burrows. The 2026 table starts at $280 for the first group of 10 burrows (up to 5 tortoises) and adds a per-tortoise amount for each one after that, from $419 to $4,193 depending on the recipient site's protection tier. FWC adjusts the mitigation table each year for inflation, and the current table applies to complete applications submitted on or after August 1, 2026. Check it again when you apply. Agent fees for surveys, trapping and fencing come on top of these amounts and are set by the agent.

The cost of starting first

If ground work begins before a permit is issued, FWC can require a Disturbed Site permit. Work stops until every tortoise is relocated, and tortoises that may be buried in the disturbed area have to be dug out. The 2026 table adds $5,590 per tortoise on top of the standard mitigation, or $2,096 per tortoise for a single-family property owner. FWC defines that term as the owner of a home built as the residence for one household. Common area owned by an association does not appear to fit, so plan on the higher figure. A contractor who crushes a tortoise can also expose people to criminal charges. Under section 379.411, Florida Statutes, intentionally killing or wounding a threatened species is a Level Four violation, which section 379.401(4) makes a third-degree felony. Report a violation you witness to FWC's Wildlife Alert Hotline at 888-404-3922.

Sample timeline for a pond bank project

Say the board wants to regrade 300 feet of eroded pond bank, and the map shows four burrows inside the work zone. - **Day 1:** Board approves getting quotes from two authorized agents and asks the engineer to mark the work limits. - **Weeks 2 to 4:** Agent surveys the site and confirms the count. Board approves the agent and the 10 or Fewer Burrows application. - **Weeks 4 to 10:** FWC reviews the application. FWC says most are processed in 45 days or less and asks for paper applications at least 90 days ahead, so give it room. - **No more than 90 days and no less than 72 hours before capture:** The agent completes a 100 percent burrow survey and sends it to FWC. - **Capture week:** Silt fence goes up around the work area, buried at least 8 inches. The agent traps or excavates and moves the tortoises. - **Within 90 days of the last survey or capture:** The contractor starts work. If the project slips past 90 days, FWC requires a new survey before clearing. Build the permit window into the contract start date. A contractor who mobilizes in week 3 creates the Disturbed Site problem described above.

Wording the board can use

**Motion:** "I move that the association retain [agent name], an FWC Authorized Gopher Tortoise Agent, to survey the pond bank work area and apply for any required FWC permit, at a cost not to exceed $[amount], and that no ground work begin until the agent confirms in writing that relocation is complete." **Contract clause for ground work:** "Contractor shall not clear, dig, grade or operate equipment within 25 feet of any gopher tortoise burrow shown on the association's burrow map or found during work. Contractor shall stop work and notify the association immediately if a tortoise or new burrow is found." **Owner notice:** "You may see stakes and silt fencing near the pond next month. Gopher tortoises live on our common area and are protected by state law. A licensed agent will move the tortoises in the work zone to another part of our property before construction begins. Please keep children and pets away from the fencing and do not disturb any burrow."

Mistakes boards make

Letting the landscaper decide. A mowing crew can work around burrows, but a crew that fills a burrow entrance to smooth the turf has disturbed it. Put the no-fill rule in the landscape contract. Assuming an empty-looking burrow is abandoned. FWC treats any burrow in good repair as potentially occupied. Forgetting the neighbor's side. A burrow 10 feet past the fence line still counts if your fence trench is within 25 feet of it. Scheduling the contractor before the permit. Approve the agent first and set the start date from the permit, not the other way around. For related planning, see our guide on planning an HOA tree maintenance program, since stump grinding near burrows needs the same 25-foot check, and our guide on removing iguanas from Florida HOA common areas, which covers the other burrowing animal Florida boards deal with.

Sources

These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

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