Eagle Affidavit – Cape Coral, FL

The Eagle Affidavit, headed Eagle Management Affidavit on the form, is a City of Cape Coral acknowledgment, sworn before a notary, in which a contractor or owner confirms that a parcel is in an Eagle Nest Management Zone and agrees to follow Ordinance 13–92.

The form carries the heading of the city's Department of Community Development and the footer code F-DCD Rev A, 02.27.12. The city's Permit Document Center lists it as "Eagle Affidavit", revised 7/5/2012, in its Affidavits category.

By signing, the contractor or owner states that they understand the following:

• Cape Coral Ordinance 13–92 exists to protect bald eagles and prohibits certain activities within an Eagle Nest Management Zone.
• Heavy construction is not permitted within the zone during a nesting period, which typically runs from October 1st to May 15, or whenever eagles are present at the nest site.
• The only exception the form names is a Bald Eagle Management Plan that the City has approved before any construction starts.
• The City will issue a Stop Work Order if heavy construction, as defined in Ordinance 13–92, takes place during a nesting period.
• The signer accepts full responsibility for the actions of employees, subcontractors and suppliers.

The form identifies the parcel by Unit, Block, Lots and Strap # and by the street address of the project. It ends with a notary block. It is separate from the Burrowing Owl/Gopher Tortoise Affidavit, which the Permit Document Center lists as its own document.

The Eagle Affidavit is completed by the contractor or owner responsible for a project on a parcel that lies within an Eagle Nest Management Zone. The form is headed Contractor or Owner, and the person signing prints a name and title on the line that follows "by".

Conditions that come with the form:

• It describes one parcel at a time, identified by Unit, Block, Lots, Strap # and the street address of the project.
• The signer accepts full responsibility for the actions of employees, subcontractors and suppliers, so the person who signs should be the one answerable for the work.
• The statement is written for a parcel that is located within an Eagle Nest Management Zone. It is not a general wildlife affidavit: the city lists a separate Burrowing Owl/Gopher Tortoise Affidavit.
• A signer who plans heavy construction during a nesting period is told by the form that a Bald Eagle Management Plan must be submitted to and approved by the City first.

The form names no one other than the contractor or owner as a signer and gives no rule for signing on someone else's behalf.

The form prints no due date of its own. The timing it does address is that of the construction. By signing, you state that you understand that heavy construction is not permitted within an Eagle Nest Management Zone during a nesting period, which typically runs from October 1st to May 15, or whenever eagles are present at the nest site. The one exception named is a Bald Eagle Management Plan submitted to and approved by the City before any construction begins. If heavy construction (as defined in Ordinance 13–92) takes place during a nesting period, the City will issue a Stop Work Order for the project.

The Eagle Affidavit names no submission channel: no address, portal or appointment rule is printed on it. The City of Cape Coral publishes it in the Affidavits category of its Permit Document Center, and the City of Cape Coral Building Division is the agency to ask how it should be delivered with your project.

Before you hand it in, complete every part of the form, including the notary block, which must be filled in and signed by the notary public. If you intend to build during a nesting period under a Bald Eagle Management Plan, the form says the plan must be submitted to and approved by the City before any construction begins.

FillingPDF lets you fill out and download the PDF; submission follows the agency's channels.