Cape Coral, FL Animal Ordinances: Bird Protection (2026)

Section 23-3 makes every parcel inside an Eagle Nest Management Zone presumed to hold an active nest until the city finds it abandoned, using the Commission's annual Bald Eagle Nesting Survey plus its own monitoring records. Under § 23-4, no construction or development in the zone can proceed without city and Commission review, and any project of one acre or more must submit a Bald Eagle Management Plan meeting § 23-7's requirements at the time of the initial environmental survey. Within 350 feet of an active nest the city may prohibit development outright; if that leaves the owner no practical use of the parcel, § 23-4(c) requires the city to buy it at fair market value set by an independent appraiser.

Section 23-5 bans, during nesting season, all construction, land clearing, tree work and vacant-lot mowing in the zone, bans toxic-to-wildlife chemicals in the zone at all times, and bars anyone from coming within 150 feet of an occupied nest tree or the nearest street, whichever is farther. Nest trees can't be cut or trimmed until the city declares the nest abandoned, and perch trees need written Department of Community Development approval before removal. Exceptions in § 23-5(b) allow finishing an already substantially complete structure, licensed veterinary care, emergency storm repairs, septic and utility repairs, fire-hazard mowing, and heavy construction under an approved Management Plan monitored by a Qualified Eagle Monitor across the full 1,100-foot zone per the September 2006 USFWS Bald Eagle Monitoring Guidelines, with an immediate stop-work trigger if abnormal eagle behavior is observed.

Section 23-6 requires every building permit inside the zone to carry a label disclosing that fact, and lets the Building Official or a Code Enforcement Officer issue stop-work orders for noncompliant construction. Section 23-9 makes clear the chapter supplements, not replaces, the federal Endangered Species Act, Migratory Bird Act, Bald Eagle Act and the Florida Threatened Species Act.