Daphne Ecological Services Field Office 

Frequently Asked Questions: Building Permits 

and the Alabama Beach Mouse 

March 2006 

The City of Gulf Shores has 

said that I can’t get a building permit until I satisfy endangered species concerns. 

What does that mean? 

The City of Gulf Shores has, for a number of years, had a flood damage prevention 

ordinance, approved by the Federal Emergency Management Agency (FEMA). The 

ordinance requires review of all building permit applications to assure that all necessary permits have been received. 

The Endangered Species Act (ESA) prohibits the taking of a listed species without 

authorization from the U.S. Fish and Wildlife Service (Service). The Alabama beach 

mouse (ABM), which is protected under the ESA, is found in some areas of the Fort 

Morgan Peninsula. To ensure that building activities on the Peninsula comply with the 

flood damage prevention ordinance and that harm to this listed species is avoided or 

minimized, the City of Gulf Shores is requiring that all proposed projects within the 

areas known to be used by the ABM meet the requirements of the Service and the 

ESA before a building permit can be issued. 

What do I do first to meet 

those requirements? 

First, you will need to determine if your development proposal will impact threatened 

or endangered species. The Service has developed maps indicating, in general 

terms, where ABM habitat can be found. These maps are available for review at the 

City of Gulf Shores offices, Bon Secour National Wildlife Refuge, the Baldwin County 

Zoning Office in Foley, and at the U.S. Fish and Wildlife Service Office in Daphne. 

While the habitat maps provide a general indication of where the ABM is found, to 

receive verification regarding your property, you can request a site visit. Please send 

your request in writing to the USFWS-Daphne Field Office. Include building plans, 

parcel identification numbers, directions to the property, street address (if known), 

contact information, and any other relevant information. 

What if I do have habitat on 

my property? 

If your property is determined to be within ABM habitat, the Service recommends that 

you apply for an Incidental Take Permit (ITP) before any building or property alteration 

occurs. The ITP will specify actions required so that your project is in compliance with 

the ESA. In return, the permit provides you with specific protections under the ESA 

should an endangered ABM be harmed while your project is underway. 

Sea Turtles, too. 

Another factor to consider—if your property is a 

Gulf-front, or first tier, lot—

is that development in 

these areas may affect sea 

turtle nesting during the 

primary nesting season 

from May — October each 

year. A list of conservation 

measures to avoid adversely impacts to sea turtles is available from the 

Daphne Field Office. 
What if you tell me I need a 

permit...what next? 

If you need an ITP, we will mail an application packet to you. Once you receive a 

packet, including instructions, you will need to fill out the forms and other documents 

and return them to the Daphne Field Office, together with the $100 processing fee. 

For single-family and duplex residential construction, the Daphne Office has prepared 

a template Habitat Conservation Plan (HCP) which must be completed and accompany your ITP application. Read carefully through the HCP, including the conservation measures, and fill in the blanks regarding your project description. 

In addition, the National Historic Preservation Act (NHPA) requires that all Federal 

agencies take into account the effects of their undertakings and actions on cultural 

resources. The issuance of an ITP constitutes an undertaking requiring Federal permits; therefore, we recommend that a cultural resource survey be performed. A copy 

of that report and the response letter from the Alabama State Historical Commission 

should be sent to our office before we can issue an ITP. The Historical Commission 

website (http://www.preserveala.org/) contains a list of archeologists that may be of 

assistance to you in obtaining your cultural resource surveys. You may also choose to 

wait until your permit is approved before committing to the cultural resource survey. 

We can process and consider your permit, but it will not be issued to you until we receive the survey and response letter from the State. 

Do I need a permit for repairs or renovations to an 

existing structure? 

In most cases, repairs and renovations to an existing residence that stay within the 

footprint of the original structure can be authorized by the Service without applying for 

an ITP. However, if you are planning a pool, enlargements to the existing footprint, 

landscaping of new areas, or changes to the driveway or parking areas, we recommend contacting the Daphne Field Office before work begins. 

How long will it take to get a 

permit? 

Processing for ITPs can take three to six months or longer. Applications for ITPs are 

processed in the order that they are received and in accordance with workload in the 

Daphne Field Office. For best results, follow the instructions carefully and provide all 

the requested information. You can also call us to discuss your application before you 

mail it. 

The Service is working closely with the City of Gulf Shores to streamline this process. 

The City is also developing conservation measures for the entire Gulf Shores area to 

simplify the permitting requirements. 

What is the process for issuing permits? 

Once an application is received, the package is reviewed by Service staff in Daphne 

to make sure all needed information has been included. A draft Environmental Assessment will be prepared by the Daphne Field Office, forwarded to the Service’s 

Southeast Regional Office in Atlanta, Georgia, for review, and published as a public 

notice in the Federal Register. That notice starts a 30-day period, required by law, 

during which members of the public may comment. At the end of that period, all comments will be addressed, and a NEPA document (Environmental Assessment (EA) or 

Environmental Impact Statement (EIS)) will be finalized. A biological opinion will be 

rendered and, if appropriate, the permit package will then be sent to the Service’s 

Regional Director for approval and issuance. 

For more information: U.S. Fish and Wildlife Service 

1208-B Main Street 

Daphne, AL 36526 

Fax: (251) 441-6222 

Phone: (251)-441-5181 

http://www.fws.gov/daphne