If you’re planning to sell land or a home in Florida and have noticed a gopher tortoise burrow on your property, you may be wondering what that means for your sale. The good news? Yes, you can sell property with a gopher tortoise burrow, but there are a few important things to know first.
We’ll walk through the key considerations, legal protections, and best practices for selling land with a protected species on site.
Why Gopher Tortoises Matter in Real Estate
Gopher tortoises are a state-protected species in Florida, and their burrows are legally protected under regulations enforced by the Florida Fish and Wildlife Conservation Commission (FWC). These tortoises are considered a keystone species because their burrows provide shelter for hundreds of other animals.
Because of their protected status, any activity that disturbs a gopher tortoise or its burrow, such as land clearing, construction, or excavation, requires a permit from FWC.
Can You Sell the Property?
Yes. There are no laws preventing the sale of a property simply because a gopher tortoise burrow is present. However, the presence of an active burrow can impact what the new owner is allowed to do with the land.
Buyers who plan to develop the property will likely need to:
- Conduct a gopher tortoise survey
- Determine whether the burrow is active
- Apply for an FWC relocation permit if the burrow must be impacted
- Hire an authorized wildlife agent to manage the legal relocation process
Does the Seller Need to Do Anything?
As the seller, you’re not required to remove the tortoise or relocate the burrow before listing. However, being proactive can:
- Prevent delays during due diligence or permitting
- Make your property more attractive to developers or builders
- Help avoid legal or financial surprises later in the transaction
Many sellers choose to hire a gopher tortoise consultant to perform a survey before listing the land. This allows you to disclose accurate information and potentially even begin the permitting process if needed.
Should You Disclose the Burrow?
In most cases, it’s a smart idea to disclose the presence of a gopher tortoise burrow, especially if:
- You know it’s active
- There are visible signs near construction zones
- The buyer plans to build or disturb the land
While Florida does not require automatic disclosure of protected wildlife, some local municipalities and mortgage lenders may require environmental assessments, and being upfront builds trust.
What Happens After the Sale?
Once the new owner takes possession of the property:
- They become responsible for regulatory compliance
- If they disturb a gopher tortoise burrow without a permit, they could face fines or criminal penalties
- To proceed with development, they’ll likely need to initiate the gopher tortoise relocation process, which includes site surveys, permits, and fees
If a burrow is found during construction without proper permitting, the project could be shut down until the issue is resolved.
Key Takeaways for Sellers
- You can legally sell property with a gopher tortoise burrow.
- It’s smart to get a survey done before listing, especially if development is likely.
- Disclosing the burrow builds buyer trust and avoids issues during escrow or permitting.
- Buyers must follow FWC permitting and relocation requirements if they plan to disturb the burrow.
Need Help Preparing Your Property?
Premier Gopher Tortoise Services works with homeowners, land developers, and real estate professionals to provide surveys, permitting assistance, and full relocation services, ensuring you stay compliant and avoid delays.
If you plan to sell or develop land with a gopher tortoise burrow, reach out today to schedule a consultation.