Image courtesy of Eli Freidus Photography
PROTECTING GOPHER TORTOISES:
FLAGLER & VOLUSIA COUNTIES
Gopher tortoises are integral to Florida's biodiversity. Their burrows provide shelter for over 350 other species, marking them as a keystone species within our ecosystem. Both Flagler and Volusia Counties actively collaborate with state and federal agencies to ensure these creatures and their habitats are preserved. This commitment includes adhering to strict regulations, especially when developing land.
When it comes to land development, any activity that might impact gopher tortoise habitats requires a thorough understanding of state laws. Permits are mandatory for relocating tortoises or altering their burrows. The Florida Fish and Wildlife Conservation Commission (FWC) oversees these permits, ensuring that conservation efforts are upheld. Property owners must engage with the FWC early in the planning stages to secure necessary permissions and avoid hefty fines or legal repercussions.
Disclaimer: The content on this website is intended to provide general information and raise awareness about the conservation of gopher tortoises, sand dunes, and sea turtles, along with the pertinent building laws in Flagler and Volusia Counties that pertain to these conservation efforts. This information should not be considered legal advice or a comprehensive guide to regulatory compliance. As real estate professionals, we serve as the source of the source, advising our clients to seek appropriate legal counsel and directing them to the necessary divisions when faced with complex contractual situations. For precise and specific guidance, we strongly encourage consulting with the relevant governing bodies, such as the Florida Fish and Wildlife Conservation Commission and local county environmental management departments. Property owners and developers are responsible for ensuring compliance with all applicable laws and regulations.
COMMON CHALLENGES AND OPPORTUNITIES
Both Flagler and Volusia Counties actively work to protect gopher tortoises through:
CONSERVATION EFFORTS: Both counties collaborate with state and federal agencies to preserve habitats and ensure compliance with laws.
COMMUNITY EDUCATION: Locals and newcomers are educated on the importance of these tortoises, focusing on legal responsibilities and conservation benefits.
REGULATORY COMPLIANCE: Strict adherence to regulations is required when developing land, ensuring that tortoises and their habitats remain undisturbed.
HOW TO GET INVOLVED
CONTACT LOCAL AGENCIES: Reach out to our list of agencies below for guidance on land use and conservation.
PARTICIPATE IN WORKSHOPS: Attend educational sessions to learn more about gopher tortoise conservation.
VOLUNTEER FOR HABITAT RESTORATION: Join local groups in planting native vegetation and maintaining existing habitats.
STAY INFORMED: Visit the County website links often for updates on conservation projects and volunteer opportunities.
SIGN UP FOR EVENTS: Engage in community events focused on habitat restoration and species protection.
COLLABORATE WITH ENVIRONMENTAL GROUPS: Work with local organizations to support ongoing conservation efforts.
STATEWIDE REGULATIONS
Florida law mandates the protection of gopher tortoises and their habitats, with the FWC overseeing all related permits and conservation measures. Violations can lead to significant fines and legal consequences, underscoring the importance of adherence to these regulations.By embracing these practices and regulations, we can ensure the gopher tortoise thrives in our communities, maintaining the ecological balance and biodiversity that makes our region unique.
KEY RULES FOR LANDOWNERS, BUYERS & SELLERS
PERMITS REQUIRED FOR LAND CHANGES: If you own, buy, or sell land hire professionals to survey for tortoise burrows before development. If you have gopher tortoises or their burrows, you must have a permit from the Florida Fish and Wildlife Conservation Commission (FWC) before any clearing, development, or construction begins—even if you’re just grading the lot.
PROTECTED ZONES: You cannot disturb tortoises or burrows within 25 feet without special permission. This includes digging, paving, or building.
RELOCATION IS REGULATED: Moving a tortoise or altering its burrow is only allowed with an FWC permit, handled by authorized agents. Property owners who want to receive relocated tortoises also need a special certification.
BUDGET FOR RELOCATION FEES: Relocation involves fees for surveys, moving tortoises, and finding certified recipient sites.
COMPLY WITH ALL RULES: Never block, fill, or destroy burrows—even abandoned ones—until a professional confirms their status.
HARSH PENALTIES FOR VIOLATIONS: Breaking these laws can result in serious fines—up to $5,000—and even felony charges in some cases.
ENGAGE IN CONSERVATION ACTIVITIES: Participate in local conservation programs to help protect gopher tortoise populations.
EDUCATE OTHERS: Share information with neighbors and potential buyers about conservation laws and practices.
BUILDING LAWS, PERMITS, WHO TO CONTACT:
VOLUSIA & FLAGLER COUNTIES
WHAT YOU NEED TO KNOW BEFORE BUILDING
Whether you’re considering new construction, adding to an existing structure, or even major renovations, both Flagler and Volusia Counties require building permits. These rules are in place to protect safety, property values, and the environment—including special protections for wildlife and fragile habitats.
BUILDING NEAR SENSITIVE HABITATS & WILDLIFE
If your land contains protected species or sensitive areas (like gopher tortoise burrows or coastal dunes), additional permits and environmental reviews are required. Always check with county environmental departments and the Florida Fish & Wildlife Conservation Commission (FWC).
FWC GOPHER TORTOISE PROGRAM
FWC GOPHER TORTOISE PERMITS
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) – BEACHES & DUNES
FDEP BEACHES PROGRAM
ESSENTIAL STEPS FOR LANDOWNERS
VOLUSIA COUNTY
In Volusia County, any construction project—from new builds to major renovations—requires a building permit. This process is designed to protect both the environment and property values. Permits are necessary for all new constructions, additions, or significant modifications to existing structures, such as changes to mechanical, electrical, or plumbing systems.The county offers a streamlined process through its Connect Live portal, where applicants can submit documents, track permit progress, and schedule inspections. It’s crucial to ensure all plans meet zoning, environmental, and safety requirements before submitting an application. The county’s building division is the primary contact for queries and guidance, ensuring compliance and smooth project execution.
VOLUSIA COUNTY GROWTH & RESOURCE
VOLUSIA COUNTY PLANNING & DEVELOPMENT SERVICES
123 W. INDIANA AVE
DELAND, FL 32720
MAIN LINE: 386.736.2700OFFICE HOURS: 8AM TO 5PM
MONDAY THROUGH FRIDAY
EMAIL: PLANNING@VOLUSIA.ORG
CAROL MCFARLANE, DIRECTOR
EMAIL: CMCFARLANE@VOLUSIA.ORG
TRACY FOELKER, ADMINISTRATIVE ASSISTANT
EMAIL: TFOELKER@VOLUSIA.ORG
PHONE: 386-736-5959
VIEW ON MAP
FLAGLER COUNTY
Similarly, Flagler County requires permits for various construction-related activities. These include building new homes, making additions, or executing significant renovations. The permit process involves confirming zoning compliance, preparing detailed site plans, and submitting these to the county for review. Building near sensitive habitats necessitates additional scrutiny and potential environmental assessments.Flagler County’s Building Department provides resources and support to navigate this process, ensuring that all construction aligns with local regulations and environmental conservation efforts.
FLAGLER COUNTY
FLAGLER COUNTY GROWTH & BUILDING DEPARTMENT
1769 EAST MOODY BLVD
BUNNELL, FL 32110
PHONE: 386.313.4000
VIEW ON MAP
PROCESS
WHEN IS A BUILDING PERMIT NEEDED?
New homes or commercial buildings, additions, garages, expansions, or major renovations.
Interior remodels, structural changes, or mechanical/electrical/plumbing upgrades
Installing decks, porches, sheds, accessory structures or pools
Demolition, roofing, and other significant property changes
STEPS TO GET A PERMIT
CHECK ZONING: Contact the County to confirm your property’s zoning and allowed uses.
PRE-APPLICATION REVIEW: Make sure your plans meet zoning, environmental, and utility requirements.
PREPARE DOCUMENTATION: Submit a site plan, survey, construction drawings, and any other required paperwork.
APPLY ONLINE OR IN PERSON: Apply online through the County's portal for all permit applications and to track progress, or in person at the County's building department.
PLAN REVIEW & REVISIONS: County reviews your submission for safety, code compliance, and environmental impacts and may request changes or additional info.
PAY FEES & RECEIVE PERMIT: Once approved, pay any fees and your permit is issued.
SCHEDULE INSPECTIONS: All work must pass inspections at various stages.
GET CERTIFICATE OF OCCUPANCY: After passing final inspections, you’ll get the certificate required to use or sell the property.
CONTACTS & RESOURCES
FLAGLER COUNTY
FLAGLER COUNTY GROWTH & BUILDING
FLAGLER COUNTY CENTRAL PERMITTING
1769 E. MOODY BLVD.
BUILDING 2, SUITE 103
BUNNELL, FL 32110
PHONE: 386.313.4003
EMAIL: CENTRALPERMITTING@FLAGLERCOUNTY.GOV
OFFICE HOURS: 8AM TO 4:30PM
ALTERNATE CONTACT FOR LAND USE AND PLANNINGFLAGLER COUNTY PLANNING & ZONING DEPARTMENT
1769 E. MOODY BLVD., BUNNELL, FL 32110
PHONE: 386-313-4001
FLAGLER COUNTY ENVIRONMENTAL HEALTHFLORIDA DEPARTMENT OF HEALTH IN FLAGLER COUNTY
208 DR. CARTER BLVD., BUNNELL, FL 32110
MAILING: P.O. BOX 847, BUNNELL, FL 32110
PHONE: 386-437-7358
EMAIL: CHD18WEBMASTER@FLHEALTH.GOV
HOURS: MONDAY–FRIDAY, 8:00 AM–5:00 PM
VIEW ON MAP
VOLUSIA COUNTY
CITY OF DELAND
BUILDING PERMITS WITHIN CITY LIMITS
120 S FLORIDA AVENUE
DELAND, FL 32720
PHONE: 386.626.7000
HOURS: MONDAY TO FRIDAY
8 AM TO 5 PM
VIEW ON MAP
CITY OF NEW SMYRNA BEACH
BUILDING INSPECTIONS WITHIN CITY LIMITS
214 SAMS AVENUE
NEW SMYRNA BEACH, FL 32168
PHONE: 386.410.2860
CHIEF BUILDING OFFICIAL
OFFICE 386-410-2857
MOBILE 386-220-3755DEPUTY BUILDING OFFICIAL
OFFICE 386-410-2858
MOBILE 386-220-3676BUILDING INSPECTORS
R. HADLEY 386-689-2812
R. JOHNS 386-576-7744
D. MONTROSS 386-847-2353
T. VERBLE 386-478-9790EMAIL:DEVELOPMENT SERVICES DIRECTOR
SHANE CORBINCHIEF BUILDING OFFICIAL
STEVE WOODWORTHDEPUTY BUILDING OFFICIAL
SUMMERFIELD ROCKWOODPERMITS SUPERVISOR
YVETTE MYSICKAZONING TECHNICIAN
MINDY BODIENVIEW ON MAP
VOLUSIA COUNTY ENVIRONMENTAL MANAGEMENT
COASTAL DIVISION - Inquiries and Updates
123 W. INDIANA AVE
DELAND, FL 32720
PHONE: 386.736.2700
HOURS: MONDAY THROUGH FRIDAY
8AM TO 5PM
VIEW ON MAP
STATE OF FLORIDA
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (FWC)
GOPHER TORTOISE PROGRAM: Contact for permits, conservation information, and updates.
FARRIS BRYANT BUILDING
620 S. MERIDIAN STREET
TALLAHASSEE, FL
850.488.4676
VIEW ON MAP
GOPHER TORTOISE SIGHTINGS
FWC - Share sightings, report sick or injured tortoises, or illegal activity
FARRIS BRYANT BUILDING
620 S. MERIDIAN STREET
TALLAHASSEE, FL
850.488.4676
VIEW ON MAP
GOPHER TORTOISE PERMITS
FWC - Gopher tortoise program
FARRIS BRYANT BUILDING
620 S. MERIDIAN STREET
TALLAHASSEE, FL
850.488.4676
VIEW ON MAP
FWC’s WILDLIFE ALERT HOTLINE
888-404-FWCC (3922)
OR submit a tip online through our FWC WILDLIFE ALERT APPLICATION
GETTING INVOLVED AND STAYING INFORMED
Community involvement is key to successful conservation and responsible development. Both counties encourage residents and potential landowners to participate in workshops, volunteer for habitat restoration projects, and engage in public meetings. By doing so, you contribute to preserving the unique ecosystems of Flagler and Volusia Counties and ensuring sustainable development practices.
