Selling Land With Burrowing Owls in Florida: What Property Owners Need to Know

Selling land with burrowing owls in Florida can be confusing and frustrating for landowners, especially when the issue is discovered after plans to sell or develop the property are already underway. Burrowing owls are a protected species in Florida, and their presence can affect development, buyer interest, and overall land value.

While these protections do not make land unsellable, selling land with burrowing owls in Florida requires understanding how the regulations work and how they influence what buyers can do with the property.

What Is a Burrowing Owl?

The burrowing owl is a small, ground-dwelling owl commonly found in open areas such as vacant lots, grasslands, and undeveloped residential land. Unlike most owls, burrowing owls nest underground, often in burrows located in cleared or lightly vegetated areas.

In Florida, burrowing owls are frequently found on:

• Vacant residential lots
• Undeveloped subdivision parcels
• Open land in growing communities
• Properties near drainage areas or open fields

[Photo compliments of Jason Thompson / Burrowing Owl Hawk Conservancy Weyhill Hampshire.jpg]

Because of their nesting habits and declining habitat, burrowing owls are protected under Florida regulations. Cape Coral in Lee County Florida has a large population of burrowing owls…

Why Burrowing Owls Matter When Selling Land

When selling land with burrowing owls in Florida, the main concern is how their presence affects development and land use. Burrowing owls and their burrows cannot be harmed, disturbed, or destroyed without proper authorization.

This can result in:

• Setback requirements around active burrows
• Limits on where structures can be placed
• Delays while wildlife surveys are completed
• Additional costs for buyers planning to build

These factors often influence which buyers are interested in the property and how it is priced.

How Burrowing Owls Affect Land Value

Burrowing owls can affect land value because they introduce development constraints and uncertainty. Even if building is allowed, buyers must account for:

• Reduced buildable area due to required buffers
• Time needed for wildlife assessments
• Potential mitigation or management plans
• Increased development costs

As a result, land is often valued based on what can realistically be built, not just the size or location of the parcel. This is an important consideration when selling land with burrowing owls in Florida.

Can You Still Build on Land With Burrowing Owls?

In some cases, yes — but it depends on:

• Whether burrows are active
• The number and location of burrows
• Local zoning and setback requirements
• Timing restrictions related to nesting seasons

Some buyers choose to avoid land with burrowing owls altogether, while others with experience navigating wildlife regulations may still pursue the property.

Common Challenges When Selling Land With Burrowing Owls in Florida

Landowners often encounter challenges such as:

• Buyers backing out after discovering burrowing owl activity
• Price renegotiations during due diligence
• Longer closing timelines
• Confusion around what is allowed versus prohibited

These issues most often arise when burrowing owls are identified late in the selling process rather than disclosed early.

Selling Strategies for Land With Burrowing Owls

Selling land with burrowing owls is less about eliminating the issue and more about managing expectations and strategy.

1. Disclose the Issue Early

Transparency helps attract buyers who understand land with wildlife restrictions and reduces failed contracts.

2. Price the Land Realistically

Comparing your property to lots without burrowing owls can lead to overpricing. Pricing should reflect limitations on development and added buyer costs.

3. Market to the Right Buyers

Properties with burrowing owls often appeal to:

• Land investors
• Developers familiar with wildlife regulations
• Buyers holding land long-term

4. Avoid Costly Upfront Mitigation

Attempting to resolve burrowing owl issues before selling can be expensive and may not increase value enough to justify the cost. Many buyers prefer to handle this themselves based on their intended use.

Should You Try to Remove Burrowing Owls Before Selling?

In most cases, no. Burrowing owls are protected, and unauthorized removal or disturbance can result in penalties. Attempting to address the issue without proper approvals can complicate the sale rather than help it.

Selling the land as-is, with full disclosure, is often the most practical approach.

Burrowing Owls in Florida

Selling land with burrowing owls in Florida is a common challenge in many growing communities. While burrowing owls can limit development and affect land value, they do not prevent a sale.

By understanding the issue, pricing appropriately, and being upfront with buyers, landowners can reduce delays and move forward with confidence. Some properties face additional wildlife restrictions, including those related to protected species—learn more about selling land with gopher tortoises in Florida.

Related Resource

Selling Land With Issues in Florida
This page is part of our broader resource on selling land with issues in Florida, which covers wetlands, zoning restrictions, protected wildlife, flood zones, and other factors that can affect land value and development. If your property has more than one issue, our main guide can help you better understand your options.