Environmental & Extension Services - Natural Resources

Scrub-Jay Review Package (pdf) - Territory Search - Review Procedure - USFWS Agreement (pdf)) - Habitat Conservation

Large Parcel Disclaimer
Please be advised, that while some larger parcels may appear on the scrub-jay review list, parcels larger than 1 acre with suitable habitat for scrub-jays typically need a scrub-jay survey before development. Please contact the United States Fish and Wildlife Service at 772-562-3909 for technical assistance.

Charlotte County Scrub-jay Review Procedure

  • A 259-m (850-ft) buffer around reliable scrub-jay observations will be used to identify a Scrub-jay Review Area (Review Area).  Parcels to be developed that are 1 acre, or less, in size and occur within the Review Area would be required to undergo review.  Parcels 1 acre, or less, in size that are outside the Review Area, regardless of habitat type, would not need a scrub-jay review unless scrub-jays were observed or verified on the property by County, State, or Federal biologists. 
  • The Review Area represents the general area in which the territory of the observed scrub-jay would likely be found based on an average urban territory size of 13 acres.  Development within an occupied territory is likely to be harmful to the scrub-jay and, therefore, careful review of development within the Review Area should be conducted. 
  • Not all parcels within the Review Area will fall in the occupied territory of a scrub-jay family.  However, to confirm this, a survey should be conducted in accordance with the Fish and Wildlife Service’s (Service) protocol, Scrub-Jay Survey Guidelines – Small Lots in Urban Areas.
  • When a parcel 1 acre, or less, in size is proposed for development within the Review Area, the property owner has two choices: 1) the owner can assume his or her property is occupied by the scrub-jay and obtain a Federal incidental take permit by submitting a habitat conservation plan to the Service or 2) the owner can have a scrub-jay survey performed. 
  • If the survey is positive, then the survey and development proposal would be sent to the Service for review.  A positive survey is defined as a survey that follows the survey guidelines referenced above and reports scrub-jays in the survey area. 
  • If the survey is negative, and is not judged a false-negative survey by the County staff, then the survey can be submitted with the building permit application to Charlotte County as evidence of scrub-jay survey compliance.  The results of a survey are valid for 1 year from the date of the survey.
  • To reduce the risk of false-negative surveys, a periodic quality check will be made by the Service.  The County will track and log all negative surveys in a GIS-compatible format (spreadsheet or shapefile).  The list of negative surveys would be sent to the Service on a quarterly basis.  The Service will overlay the data on existing presence data to identify areas where negative surveys are inconsistent with known presence data.  These areas would be checked by site visit for the presence of scrub-jays by County, State, or Federal personnel. 
  • In the rare instance that a parcel is found to be occupied during a site visit, the County biologist should notify the Service by email and the landowner should be made aware by certified letter that scrub-jays are protected by state and Federal law.  In addition the landowner should be advised to contact the Service’s South Florida Ecological Services Office, in Vero Beach, Florida, at 722-562-3909 to discuss available options. Once this occurs, then the County’s obligation is fulfilled.
  • In the rare instance that a scrub-jay is observed outside of the Review Area, County staff will forward the information on the sighting and the permit that might be affected to the Service for review.
  • The Service and County will meet at least once per year to update the Review Area.  Where survey data shows that scrub-jays are no longer found, the Review Area will be reduced accordingly.  Conversely, the Review Area will be expanded where new scrub-jay observations are made. 
  • Parcels greater than 1 acre should continue to be reviewed using the Service’s Scrub-jay Survey Guidelines as they currently are.

For more information
Charlotte County Environmental & Extension Services
25550 Harbor View Road, Unit 2, Port Charlotte, FL  33980
941.764.4360