Can you build on a scrub-jay zone in Florida?
The Florida scrub-jay is a threatened species found only in Florida. Scrub-jays rely on Florida’s scrub habitat, which is characterized by low-growing oaks, palmettos, and other shrubs. To protect this important habitat, the state of Florida has designated certain areas as scrub-jay zones where development is restricted.
If you own property in a designated scrub-jay zone, you may be wondering if you can build on your land. The short answer is, it depends. There are regulations in place to protect scrub-jay habitat while still allowing for some development.
Scrub-Jay Regulations in Florida
The Florida Fish and Wildlife Conservation Commission (FWC) is the state agency responsible for conserving and regulating scrub-jays. Under Rule 68A-27.005 of the Florida Administrative Code, the FWC has established primary, secondary, and matrix zones within scrub-jay habitat.
Primary zones have been deemed the most important for scrub-jay survival. Development is highly restricted in these areas and limited to projects like residential additions, non-residential additions under 500 square feet, sheds under 100 square feet, and minor recreational improvements. New homes and non-residential buildings are prohibited.
Secondary zones still provide important habitat but development restrictions are less stringent. Single family homes and accessory structures like sheds and garages are allowed if certain guidelines are followed regarding setbacks and impervious surface limits. Small low-rise commercial projects may also be permitted.
Matrix zones are areas of marginal habitat interspersed within primary and secondary zones. Development restrictions are minimal in matrix zones.
Determining Your Scrub-Jay Zone
To find out if your property is located in a designated scrub-jay zone, you can refer to the scrub-jay maps maintained by the FWC. These maps outline the boundaries of primary, secondary and matrix zones throughout the state. They are available through the FWC’s Species Conservation Planning section.
You can also contact your county or city planning department. Local governments utilize the FWC scrub-jay maps to identify zone restrictions when reviewing permit applications for development projects.
Applying for a Permit in Scrub-Jay Zones
If your property does fall within a scrub-jay zone, that doesn’t necessarily mean you are prohibited from building. You will need to apply for a permit from your local government and the FWC to ensure your project meets scrub-jay guidelines.
Here are some key steps when seeking a scrub-jay permit:
- Consult the FWC scrub-jay maps to identify your zone (primary, secondary or matrix).
- Check local government regulations for any additional scrub-jay restrictions.
- Hire a qualified environmental consultant to conduct a scrub-jay survey if required.
- Submit permit applications detailing your project plans.
- Incorporate any mitigation measures required by the FWC and local government.
- Maintain required setbacks and restrict impervious surfaces.
- Follow construction conditions to minimize habitat disturbances.
By following the established permitting process you may be granted approval to build in scrub-jay zones in many cases. Single family homes are routinely permitted in secondary zones.
Florida Scrub-Jay Habitat and Behavior
To understand scrub-jay zoning, it helps to know a little more about these unique birds and why their habitat is protected. Here are some key facts about the Florida scrub-jay:
- The Florida scrub-jay is a blue and gray bird about 11 inches long. It is found only in Florida.
- Florida scrub-jays live in small family groups that occupy and defend a territory of scrub habitat.
- They are non-migratory, staying year-round on their breeding and nesting territory.
- Scrub-jays eat insects, nuts, berries and small reptiles and amphibians. They also cache food for later use.
- Scrub habitat provides open sandy areas for foraging, with low shrubs for nesting and taking cover.
- Fire is important in maintaining scrub habitat, clearing overgrown vegetation.
- Scrub-jays declined as Florida’s scrub shrank due to development. They are now limited to pockets of remaining habitat.
Protecting scrub ecosystems helps conserve habitat not just for scrub-jays but for many plants and animals that have adapted to Florida’s scrub environment. While scrub only covers a small fraction of Florida’s land, it provides home for dozens of rare and endemic species.
Scrub-Jay Population Trends
It’s estimated there were between 8,000 and 11,000 family groups of Florida scrub-jays in the early 1990s when populations hit their lowest point due to habitat loss. Since protections were implemented, numbers have rebounded somewhat but long-term trends are tenuous.
Ongoing conservation efforts aim to boost the statewide population to over 7,000 family groups. Habitat restoration, corridors connecting populations, and programs generating support through ecotourism will be key.
While still classified as threatened, scrub-jays were removed from the federal endangered species list in 2006 as populations stabilized. The FWC and partners continue working to further improve the outlook for Florida’s only endemic bird species.
Rules for Building in Scrub-Jay Habitat
The regulations governing construction in scrub-jay zones are designed to balance habitat protection with reasonable use of private property. By following certain rules and best practices, building in scrub-jay areas is possible in many cases.
If you own land in scrub-jay habitat, here are some key things to be aware of:
Setbacks
Primary zones require a minimum 100 foot setback of any structures from the scrub-jay zone boundary. In secondary zones there is a minimum 50 foot setback.
Open Space
Within the designated setbacks, no more than 25% of the space can be covered with impervious surfaces like pavement or roofing. At least 75% must remain pervious.
Mitigation
Habitat compensation may be required for construction projects in scrub-jay areas. This may involve preserving a portion of natural scrub onsite, or restoring former scrub elsewhere.
Avoid Nesting Season
Clearing scrub or beginning construction between March and July should be avoided, as this coincides with scrub-jay nesting season.
Follow Fire Precautions
Buildings in scrub ecosystems are at higher fire risk. Fire-wise precautions include utilizing fire-resistant materials and establishing defensible space with appropriate vegetation.
By taking the necessary precautions and working through the permitting process, many property owners are able to successfully build homes or additions within scrub-jay zones.
Permit Wait Times in Scrub-Jay Zones
If you are planning construction in a scrub-jay zone, be aware you may face longer permit wait times compared to building in areas without scrub-jay restrictions. The added review from the FWC and mitigation requirements contribute to longer timelines.
Here are some approximate permit wait times you can expect if building in a designated scrub-jay habitat zone:
Project Type | Estimated Permit Time |
---|---|
New single family home in secondary zone | 6-9 months |
Accessory structures like shed or garage | 3-6 months |
Home addition or renovation | 3-6 months |
Driveway, patio, or septic system | 2-4 months |
You can help minimize delays by thoroughly researching regulations upfront, hiring experienced consultants, and ensuring applications are complete.
Some projects may qualify for expedited permits if deemed low impact and consistent with conservation goals. Discuss options with your local permit office.
Conclusion
While protected scrub-jay habitat does limit development potential in some parts of Florida, opportunities exist to build within the regulations. By working with wildlife officials and following appropriate guidelines, property owners can often obtain permits for their projects while still protecting this unique species.
Understanding the scrub ecosystem and the state’s thoughtful zoning system allows growth and conservation to coexist. With smart planning, Florida’s scrub and scrub-jays will remain a treasured part of the landscape for future generations.