The Burrowing Owl/Gopher Tortoise Affidavit is a City of Cape Coral Development Services Department form on which a permit applicant states whether burrows were found on or near the jobsite and agrees to protect them. It is one of the documents tied to a Cape Coral permit, because by accepting City building permits the signer takes responsibility for the owls, tortoises and burrows during all phases of development. On FillingPDF you can fill out the form online and download or print the completed PDF; the form itself is published by the City of Cape Coral at the official link on this page.
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What is Affidavit - Burrowing Owl, Gopher, Tortoise – Cape Coral, FL?
The BURROWING OWL/ GOPHER TORTOISE AFFIDAVIT is a two-page sworn statement issued by the City of Cape Coral Development Services Department. The applicant reports what an inspection of the property found and accepts the duty to protect any Burrowing Owl or Gopher Tortoise burrows during development.
The form is built around two questions. Item 1 records how many burrows were found on the property, or adjacent to it, including those in the abutting City rights-of-way. Item 2 applies only if burrows were found: you select one of two options, either that State and/or Federal permits are necessary because you cannot protect the burrows as instructed, or that they are not necessary because you agree the required protection zones will be installed and maintained. In both cases you may indicate the species, if known.
The form also prints the protection rules:
- Burrowing Owls: a radius of 33 feet (66-foot diameter) from the burrow entrance during the nesting season (February 15th to July 10th), or a minimum of 10 feet (20-foot diameter) outside nesting season.
- Gopher Tortoises: a radius of 25 feet (50-foot diameter) from the burrow entrance year-round (Ordinance 20-19).
Burrows must be staked and roped off using these dimensions. The affidavit ends with a declaration under penalty of perjury and a verification pursuant to Section 92.525, Florida Statutes.
Who needs to file Affidavit - Burrowing Owl, Gopher, Tortoise – Cape Coral, FL?
The applicant for a City of Cape Coral building permit who has inspected the site signs this affidavit. The form is written in the first person: the signer states that within the last 30 days they inspected the property and all vacant properties near the jobsite where they or their subcontractors may drive vehicles or place construction material.
Points the form makes about who is responsible:
- By accepting City building permits, the applicant assumes all responsibility for protecting Burrowing Owls, Gopher Tortoises and their burrows during all phases of development activity.
- The signer accepts full responsibility for the actions of their employees and subcontractors.
- The signature block asks for the printed name and title of the applicant, which allows a person to sign in a stated capacity, and a second signature line for the natural person signing above.
The form states no exclusions and does not say who may sign on someone else's behalf. If you are unsure whether you must submit it with your permit application, ask the Development Services Department at (239) 574-0546.
When to file Affidavit - Burrowing Owl, Gopher, Tortoise – Cape Coral, FL
The affidavit is tied to City building permits: by accepting them, the signer takes on the protection duties it describes. The form sets no separate due date for itself.
Three timing rules appear on the form. First, the inspection it certifies must have taken place within the last 30 days. Second, if you choose the option that State and/or Federal permits are necessary, those permits are required before development activity begins, and copies are required before any City inspection and must be posted onsite. Third, protection buffers must be installed before work starts and stay in place and in good condition for the duration of the project.
The owl buffer depends on the date: 33 feet during the nesting season (February 15th to July 10th), and a minimum of 10 feet outside it. The Gopher Tortoise buffer is 25 feet year-round.
Documents you need
- Copies of any State and/or Federal permits: the form requires copies before any City inspection, and they must be posted onsite. Relevant when you select the option that State and/or Federal permits are necessary.
How to fill out Affidavit - Burrowing Owl, Gopher, Tortoise – Cape Coral, FL
Enter applicant and property details
At the top, fill in Applicant, Block, Lot, Unit, Strap and Site Address so the form identifies the property you inspected.
Read the inspection statement
Confirm that within the last 30 days you inspected the property and all vacant properties near the jobsite where you or your subcontractors may drive vehicles or place construction material.
Report burrows in item 1
Check No burrows found on the Property, Adjacent Properties, or Right-of-Way if none exist. Otherwise check On Property and/or Adjacent Properties or Right-of-Way and mark One, Two, Three, Four or Other with the number.
Select one option in item 2
If burrows were found, check only one: STATE AND/OR FEDERAL PERMITS ARE NECESSARY or STATE AND/OR FEDERAL PERMITS ARE NOT NECESSARY. Skip item 2 if you found no burrows.
Indicate the species if known
Under the option you chose, check BURROWING OWL, GOPHER TORTOISE or both if you know the species.
Review the protection requirements
Read the buffer sizes, the staking and roping rule, the ban on activity and materials inside buffers and the STOP WORK ORDER warning before signing.
Sign as applicant on page 2
On the line after BY:, enter the printed name and title of the applicant and the applicant's signature, under the declaration made under penalty of perjury.
Complete the Section 92.525 verification
Sign on the line for Signature of Natural Person Signing Above and enter the date after Date.
Review, download and deliver
Check the burrow count, the item 2 choice and both signatures. Download or print the completed PDF from FillingPDF and deliver it through the City's channels described under How to submit.
How to submit Affidavit - Burrowing Owl, Gopher, Tortoise – Cape Coral, FL
The form prints no submission channel, portal or deadline of its own. The header of both pages identifies the issuing office: Development Services Department, P.O. Box 150027, Cape Coral, FL 33915-0027, Tel. (239) 574-0546.
- Ask the department: call (239) 574-0546 to confirm how the Development Services Department wants the signed affidavit delivered with your building permit application.
- Land Development questions: the City's Land Development Permits/Forms page lists Land Development at (239) 573-3167 or [email protected] for assistance with the permits that division processes.
- Permit copies: if State and/or Federal permits apply, keep copies for the City inspector and post them onsite; the form requires copies before any City inspection.
Sign the affidavit yourself before delivering it: the form carries both the applicant's signature and a second verification signature with a date. FillingPDF lets you fill out and download the PDF; submission follows the City's channels above.
Common mistakes to avoid
- Signing without having inspected the property and the nearby vacant properties within the last 30 days, which is what the first statement on the form certifies.
- Selecting both options in item 2; the form asks you to select only ONE of the two.
- Skipping item 1 or not counting burrows in the abutting City rights-of-way and on adjacent properties, which the form includes.
- Starting work before buffers are staked and roped off; they must be installed before work begins and kept in good condition throughout the project.
- Using the wrong buffer size: 33 feet for Burrowing Owls in nesting season (February 15th to July 10th), 10 feet minimum otherwise, 25 feet for Gopher Tortoises year-round.
- Parking, storing materials, placing fill or running equipment inside a buffer; the form allows no activity there.
- Not obtaining required State and/or Federal permits before development starts, or lacking copies onsite for the City inspection; the form warns of a STOP WORK ORDER.
- Leaving out the printed name and title or the date next to the signatures on page 2.
Frequently asked questions
What is the Burrowing Owl/Gopher Tortoise Affidavit in Cape Coral?
It is a City of Cape Coral Development Services Department form in which the permit applicant swears to the result of a burrow inspection and accepts responsibility for protecting Burrowing Owls, Gopher Tortoises and their burrows during all phases of development.
How recent must the burrow inspection be?
Within the last 30 days. The form has you state that you inspected the property and all vacant properties near the jobsite where you or your subcontractors may drive vehicles or place construction material.
How big is the protection zone around a burrow?
For Burrowing Owls, a 33-foot radius during nesting season (February 15th to July 10th) and at least 10 feet outside it. For Gopher Tortoises, a 25-foot radius year-round under Ordinance 20-19. Burrows must be staked and roped off.
Which option do I check in item 2 if I find a burrow?
Select only one. Choose State and/or Federal permits are necessary if you cannot protect the burrows as instructed, or not necessary if you agree to install and maintain the required protection zones throughout development.
What happens if I do not get required permits or keep the buffers?
The form states that failure to secure required State and/or Federal permits, or to maintain the appropriate buffers, will result in a STOP WORK ORDER on your site. You are also liable for any violation of state or federal law.
Where do I send the Cape Coral burrowing owl affidavit?
The form names no submission channel. Its header lists the Development Services Department, P.O. Box 150027, Cape Coral, FL 33915-0027, Tel. (239) 574-0546; call that number to confirm how to deliver it with your building permit.
Can I fill out this affidavit online on FillingPDF?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service, is not connected to the City of Cape Coral and does not file the affidavit; you deliver it through the City's channels.
Who signs the affidavit?
The applicant prints their name and title and signs after BY:. A second signature of the natural person signing above, with a date, completes the verification pursuant to Section 92.525, Florida Statutes.
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