The City also takes numerous measures to ensure local compliance with State and Federal regulations protecting burrowing owls. Nevertheless, the State classifies the Cape Coral population of Florida burrowing owls as unprotected. This unprotected status results from the fact that Cape Coral s burrowing owls are not living on any kind of preserve land or sanctuary. Most of the Cape s burrowing owl nests sites are on vacant, privately owned property slated for development. Florida s burrowing owl population is protected from harassment but not from significant loss of habitat.
Many people wrongly believe that nobody can build on a lot if burrowing owls occupy it.
However, developers can build on the lot at any time if they can rope off a protection zone around the burrow. Such a protection zone must extend a 10-foot radius from the burrowing owl nest entrance. If it is not possible to construct a project and maintain the required protection zone, the developer can request a permit from the Florida Fish and Wildife Conservation Commission to destroy the nest. Currently, the State permit is free of charge. The idea behind this permitting is to prevent the nests from being destroyed when the owls are actively incubating eggs or rearing flightless chicks.