Properties that are occupied by Scrub-Jays need a Federal Incidental Take Permit to clear land or build. To get the permit, you will need to have a Scrub-Jay survey done so that you can submit the results to the U.S. Fish and Wildlife Service (USFWS) for evaluation. After you file for your local permits, the USFWS will review the survey and plans to determine if Scrub-Jay impacts exist. If impacts exist, the USFWS will require strategies for Avoidance, minimization of impact and/or mitigation of the impacts. Once approved, you will be able to obtain the Incidental Take Permit. Some Florida Counties have a blanket Incidental Take Permit in place which makes it less expensive and less time consuming to obtain the incidental take permit.
We work in numerous Counties and Cities. If you have questions about selling your property occupied by endangered or threatened species,
call Scott to discuss your options:
941-882-5494 Ext 701
- SELLING SCRUB-JAY LOTS
- ARE SCRUB-JAY LOTS A GOOD INVESTMENT?
- BUYING SCRUB-JAY LOTS FOR DEVELOPMENT
- CHARLOTTE COUNTY AND SCRUB-JAY PERMITTING
- CHARLOTTE COUNTY SCRUB-JAY PERMITTING COSTS
- SARASOTA COUNTY SCRUB-JAY PERMITTING
- INCIDENTAL TAKE PERMIT
- SCRUB-JAY SURVEY REQUIREMENTS
- SCRUB-JAY PARCEL LISTS
- EXAMPLE OF A COUNTYWIDE SCRUB-JAY HABITAT CONSERVATION PLAN THAT SAVES YOU MONEY
- CLEARING SCRUB-JAY LAND WITHOUT A PERMIT
- SCRUB JAY POPULATION DECLINES 90%
- LAND DEVELOPMENT IS THE PRIMARY CAUSE OF THE SCRUB-JAY POPULATION DECLINE
- THE FUTURE OF SCRUB-JAYS
- WHERE WE WORK
SELLING SCRUB-JAY LOTS:
As a seller, if you are aware that your Lot is a Scrub-Jay Lot, you are technically required to disclose this information to the potential buyer.
Vacant Land Disclosures ask if the property has endangered or protected species:
Phone: 941-882-5494 Ext 701
Phone: 813-324-1005 Ext 701
ARE SCRUB JAY LOTS A GOOD INVESTMENT?:
If you are buying a Lot as an investment with Scrub-Jays present and plan on holding the Lot for many years, Scrub-Jays will probably be
gone by the time you’re ready to sell (unfortunate future but it is the reported prediction.) When your parcel is removed from the Scrub-Jay list, then the price of your Lot
should immediately be equal to the then market value of a non-Scrub Lot that has similar charactatistics. As long as you purchased your Scrub Lot for less than the market value of a non-Scrub Lot,
you should end out with a greater return on investment when compared to a Lot purchased at full market value in the same time period.
There is a recovery plan that may save the Scrub-Jays from extinction. If the plan is successful, the scrubs will likely be living in preserves and other State parks. A link to the plan
appears at the end of this article. Scrub-Jay Recovery Plan
SCRUB-JAY PARCEL LISTS
Depending on which County your parcel of land is located within, there may be more than one list. In Sarasota, the County has a list showing 1 1/2 pages of Scrub-Jay parcels whereas in North Port Florida (a city within Sarasota County), they have a list that is 37 pages. If your parcel is within a City, you should contact the zoning department in your area to find out if they maintain their own Scrub Jay list or if it is maintained by the county.
BUYING SCRUB-JAY LOTS FOR DEVELOPMENT:
In Florida Counties that do not have a blanket agreement in place with the Fish and Wildlife Service for a Scrub-Jay Habitat Conservation plan (explained elsewhere in this article), expect to need
a 12-month lead time for permitting and mitigation before you will be able to start clearing and prepping the property for development. For those Counties that have an approved active Habitat Conservation Plan,
the permitting timeframe will be similar to a non-Scrub-Jay Lot.
If your Lot appears in one of the Scrub Jay databases or written Lists, and if your County does not have an HCP agreement in place, here are the starting steps you should consider taking:
- Hire an Environmental Consultant to determine if you need a Scrub-Jay survey.
- If the survey shows the presence of Scrub-Jays, you or your consultant will need to send the survey results to the Fish and Wildlife Service for evaluation.
- If the survey is negative for the presence of Scrub-Jays, you can submit the survey results along with your building permit application.
- If the Fish and Wildlife Service confirms that your Lot is not occupied by Scrub-Jays, then after you provide the FWS with proof that you filed a building permit, they will send a letter to the county confirming their determination.
- If Scrub-Jays are present, you should apply for an Incidental Take Permit prior to building or clearing vegetation. An approved habitat conservation plan is needed to obtain an incidental take permit. The plan would include either impact avoidance, impact minimization and/or mitigation of impact. If mitigation is required, the replacement ratio is currently 2:1 (example - two acres set aside for Scrub Jays for every acre taken) using one of these methods:
- Title to other Scrub-Jay occupied lands
- Conservation Easement
- Purchase credits at a Scrub-Jay conservation bank
- or payment to a scrub-jay land acquisition fund.
[Incidental Take Permits are issued by the Fish and Wildlife Service]
An increase of 3 or 4 acres for every acre taken have been discussed for mitigation replacement requirements. As of 2022, no action has moved forward to increase the replacement land requirement for Scrub-Jay habitats.
CHARLOTTE COUNTY AND SCRUB-JAY PERMITTING:
Charlotte County successfully pursued a blanket mitigation solution which allows the permitting process to take place fast and at a far less cost than counties without a plan. The plan was approved in 2014. They did it by implementing a Scrub-Jay Habitat Conservation Plan which includes a blanket Incidental Take Permit from the U.S. Fish and Wildlife Service (USFWS), as well as consulting with and obtaining approvals from the Florida Fish and Wildlife Conservation Commission. When land aquisitions and allotments are complete, the Reserve will total approximately 4,500 acres and covers the mitigation and compensation for loss of Scrub-Jay habitats throughout the county. The Reserve is managed in perpetuity for the benefit of the Scrub‐Jays. Charlotte County is responsible for making sure the HCP is in compliance with the Endangered Species Act.
WHAT DOES IT COST FOR PERMITTING A SCRUB-JAY LOT IN CHARLOTTE COUNTY THROUGH THE HCP?:
The costs may change at a later date but as of this writing, the cost is determined based on the size of the parcel. As an example, if your Lot is between .23 -to- .49 of an acre, the permitting cost is $3,400 ON TOP OF THE NORMAL PERMITTING FEES. Prior to the blanket mitigation approach, the cost for mitigating a typical ¼ acre Scrub-Jay lot was $15,000 -to- $20,000.
CHARLOTTE COUNTY SCRUB-JAY PERMITTING COSTS:
(Updated 03/28/2024)
| LOT SIZE | PERMITTING COST | |
|---|---|---|
| 0 –to- .22 | PART OF AN ACRE | $ 1,700 |
| 0.23 -to– 0.49 | $ 3,400 | |
| 0.50 –to- 1.00 | $ 6,499 | |
| 1.01 –to- 3.00 | IN ACREAGE | $ 19,780 |
| 3.01 acres and greater: On-site conservation may be required in addition to the fee. |
||
| 3.01 –to- 5.00 | $ 52,696 | |
| 5.01 –to- 20.00 | $ 118,527 | |
| 20.01 –to- 99.99 | $ 492,959 | |
| 100+ Acres | $ 1,962,205 |
SARASOTA COUNTY SCRUB-JAY PERMITTING:
Like other counties that have not setup a Scrub-Jay Habitat Conservation Plan and a blanket Incidental Take Permit from the U.S. Fish and Wildlife Service, you will need to file a report with the FWS. The process is simple enough but it will take time to get approvals and it can be expensive. Call the zoning department for your City or County for confirming instructions.
INCIDENTAL TAKE PERMIT
Application for an Incidental Take Permit is subject to certain requirements including the preparation by the permit applicant of a conservation plan.
The Fish and Wildlife Service issues Incidental Take Permits.
The "Take" is defined by the Endangered Species Act (ESA) as habitat destruction, harassment in any form, harming, hunting, trapping,
or collecting any threatened or endangered species. Basically
anything that interferes with the existence of Scrub-Jays.
The Florida scrub-jay is protected by the U.S. Migratory Bird Treaty Act. It is also protected as a Threatened species by the Federal Endangered Species Act and as a Federally-designated Threatened species by Florida's Endangered and Threatened Species Rule.
SCRUB-JAY SURVEY REQUIREMENTS
Information required in the Scrub-Jay Survey:
- A complete count of all Scrub-Jay groups onsite.
- An approximate territory map or home range center for each Scrub-Jay group.
- Dates with starting and ending times of all surveys conducted.
- Weather conditions for each survey taken, including average temperature, wind speed and direction, visibility, and precipitation.
- Total number of Scrub-Jay groups found.
- Number of Scrub-Jays in each group.
- The number of juvenile-plumaged Jays in each group.
- An aerial photograph or vegetation map depicting:
- The entire area of interest
- Transect lines and playback stations.
- Locations of all Scrub-Jays seen or heard while conducting the survey including flight direction
- Approximate territory boundaries between Scrub-Jay groups or home range centers for each group.
Mail Scrub-Jay survey reports to:
South Florida Counties
Scrub-Jay Survey
U.S. Fish and Wildlife Service
1339 20th St.
Vero Beach, FL 32960-3559
North Florida Counties
Scrub-Jay Survey
U.S. Fish and Wildlife Service
7915 Baymeadows Way, Suite 200
Jacksonville , FL 32256-7517
CLEARING SCRUB-JAY LAND WITHOUT A PERMIT:
If you are clearing your lot and have endangered species or an endangered species habitat on your property, you may be in violation of the Endangered Species Act. Violation of the Endangered Species Act under 16 USC 1533 through 1540 , is a Class "A" misdemeanor which carries the potential for a fine up to $100,000 for individuals and $200,000 for business entities and is punishable by up to 1 year in jail. Civil penalties range up to $25,000.
SCRUB-JAY POPULATION DECLINED 90%:
The Florida Scrub-Jay population has declined 90% in the last 100 years! These little birds have been around for 2 million years but are on the verge of extinction. In some parts of Florida, it might be too late to save the Scrub-Jays even with the efforts that are in place. Florida Scrub-Jays initially became endangered due to the loss of its habitat from development for housing and the clearing of land for agricultural needs.
THE FUTURE OF SCRUB-JAYS:
It was reported on 09/30/2021 by The Herald Tribune that according to Elizabeth Landrum, an authority on Scrub-Jays with the U.S. Fish and Wildlife Service, Scrub-Jays are aging out and they are not reproducing. According to Landrum, you won't have scrub-jays in North Port by 2032. They will all be gone. Landrum stated that "it’s just a matter of how long it takes for them to die off". While unfortunate, that is going to be the outcome per Landrum.
LAND DEVELOPMENT IS THE PRIMARY CAUSE OF THE SCRUB-JAY POPULATION DECLINE:
As Scrub-Jay habitats are cleared for development, the families of Scrub-Jays have become more isolated from each other. The separation of communities causes less breeding opportunity for the little birds. The population of Scrub-Jays have been shrinking as a direct effect of isolation from one another.
If you have questions about selling your property (home, lots, land acreage or commercial), call Scott
Phone: 941-882-5494 Ext 701
WHERE WE WORK:
Sarasota, Charlotte, DeSoto, Hillsborough, Pinellas counties. Parts of Lee, Pasco and Manatee counties, North Port, Englewood, Punta Gorda, Valrico, Brandon, Lithia, Fishhawk and wherever our clients call us from. We also do personalized referral services throughout Florida which includes our opinion of your sales or purchase price pre-referral so that you have our opinion in additional to the broker who accepts our referral.
SUGGESTED READING:
- HOW TO COMPARE FLORIDA LOT PRICES
- THE GREAT FLORIDA LAND GRAB
- ABSORPTION RATE: THE MISSING
LINK TO PRICING RIGHT! - 8 Simple Steps to help your house sell
Scrub-Jay related Links
- NATIONAL AUDUBON SOCIETY - FLORIDA SCRUB JAY
- SCRUB-JAY RECOVERY PLAN
- Fish and Wildlife Service | Endangered Species Permit Info