Yes. Gopher tortoises are protected in Florida as a state Threatened species, and both the animals and their burrows are illegal to disturb without a permit from the Florida Fish and Wildlife Conservation Commission.1Florida Fish and Wildlife Conservation Commission. Gopher Tortoise Permits That protection applies on private and public land alike, and it covers every gopher tortoise in the state.
What the Protection Covers
The listing comes from Florida Administrative Code Rule 68A-27.003, the state rule that governs endangered and threatened wildlife.2Legal Information Institute. Florida Administrative Code Rule 68A-27.003 – Florida Endangered and Threatened Species Under that rule, no one may take, pursue, hunt, harass, capture, possess, sell, or transport a gopher tortoise, its parts, or its eggs without FWC authorization. Damaging or destroying a burrow is prohibited too.
A separate criminal statute, Florida Statute 379.411, makes it illegal to intentionally kill or wound any species the state has designated as threatened.3Florida Senate. Florida Code 379.411 – Intentional Killing or Wounding of Any Species Designated as Endangered, Threatened, or of Special Concern; Penalties The administrative rule, by contrast, does not require proof of intent, so an accidental burrow collapse during construction can still trigger enforcement.4Florida Fish and Wildlife Conservation Commission. Gopher Tortoise Rules and Regulations
The ecological reason behind the strong rules is simple. Gopher tortoise burrows, which can run up to 40 feet long and 10 feet deep, shelter more than 350 other species.5Florida Fish and Wildlife Conservation Commission. Gopher Tortoise Commensals Losing the tortoise means losing habitat for everything that uses those burrows.
Did the 2022 Federal Decision Change Anything?
In 2022, the U.S. Fish and Wildlife Service determined that the eastern population of gopher tortoises, which includes Florida, no longer meets the criteria for listing under the Endangered Species Act and withdrew it as a candidate for federal listing.6U.S. Fish & Wildlife Service. U.S. Fish and Wildlife Service Completes Gopher Tortoise Review The western population, in parts of Alabama, Mississippi, and Louisiana, kept its federal Threatened status.
For Floridians, that federal change doesn’t affect daily rules. State law is the primary enforcement mechanism, and it applies regardless of the federal classification. Projects involving federal funding, federal permits, or federal land may still trigger a Section 7 consultation with the Fish and Wildlife Service.7U.S. Fish & Wildlife Service. ESA Section 7 Consultation
If a Tortoise Is Living on Your Property
You don’t need a permit for a wild gopher tortoise living undisturbed on your land.8Florida Fish and Wildlife Conservation Commission. What Should I Do if I See a Tortoise? You cannot pick it up, move it, or relocate it yourself.
Routine yard work is fine. You can mow, garden, and keep up your property normally, provided you don’t harm the tortoise or collapse the burrow. Agricultural activities such as tilling, planting, harvesting, prescribed burning, and tree cutting are similarly exempt, as long as they follow the FWC’s Gopher Tortoise Enforcement Policy.8Florida Fish and Wildlife Conservation Commission. What Should I Do if I See a Tortoise?
The 25-Foot Buffer
FWC draws its practical line at 25 feet. If every part of your project stays at least 25 feet away from every burrow, you don’t need a permit for that work.9Florida Fish and Wildlife Conservation Commission. Gopher Tortoise Permitting Frequently Asked Questions Cross inside that circle with machinery, land clearing, or grading, and you need FWC authorization first.
The buffer applies even when the burrow sits on a neighbor’s land. If your construction reaches within 25 feet of a burrow across the property line and the burrow collapses or the tortoise is harmed, you can still be held responsible.9Florida Fish and Wildlife Conservation Commission. Gopher Tortoise Permitting Frequently Asked Questions
Relocation Permits for Construction
When development will disturb tortoises or their burrows, the tortoises have to be relocated before any land clearing begins, and every relocation requires an FWC permit.4Florida Fish and Wildlife Conservation Commission. Gopher Tortoise Rules and Regulations
If tortoises will be moved within the same property, the owner or their representative can handle the relocation after completing FWC’s online training. No authorized agent is required for on-site moves, but the permit still must be approved before any tortoise is captured.10Florida Fish and Wildlife Conservation Commission. Gopher Tortoise Permitting Guidelines
If tortoises need to leave the property, a permitted Authorized Gopher Tortoise Agent must do the capture and transport, and they must go to an FWC-permitted recipient site.10Florida Fish and Wildlife Conservation Commission. Gopher Tortoise Permitting Guidelines FWC maintains an online permit locator map to help applicants find agents and recipient sites in their area.1Florida Fish and Wildlife Conservation Commission. Gopher Tortoise Permits
Penalties
Intentional killing or wounding of a state-listed threatened species is a criminal offense under Florida Statute 379.411, classified as a Level Four violation.3Florida Senate. Florida Code 379.411 – Intentional Killing or Wounding of Any Species Designated as Endangered, Threatened, or of Special Concern; Penalties A third-degree felony conviction in Florida can carry up to five years in prison.11Online Sunshine. Florida Code 775.082 – Penalties; Applicability of Sentencing Structures; Notification Requirements
FWC can also pursue administrative enforcement under Rule 68A-27.003, which doesn’t require proof of intent. Bulldozing a burrow without a permit can trigger enforcement even if no one meant any harm, and penalties generally scale with the number of tortoises affected and whether the violation looks deliberate.