Lee County, FL Animal Ordinances: Bird Protection (2026)
Key Facts
- Standard buffer
- 660 feet of an active nest
- Enhanced buffer
- 750 feet for maximum incentives
- Nesting season
- October 1 through May 15
- Max fine
- $500.00 per offense plus jail up to 60 days
- Oversight body
- Eagle Technical Advisory Committee (5 members)
Summary
Unincorporated Lee County protects southern bald eagle nests with a mandatory 660-foot development buffer. Any building permit, development order, rezoning or clearing notice within that radius triggers review, and construction is barred near an active nest during the October-through-May nesting season.
This division applies only to all real property within 660 feet (or 750 feet, pursuant to Section 14-120(3)) of a nest unless the nest is abandoned or lost. Compliance with this division will be required prior to receiving a building permit, development order, zoning approval, notice of clearing, vegetation removal permits or amendments thereto. ... No construction (structures or site work) may occur within 660 feet during the nesting season, unless otherwise modified in an approved bald eagle management plan.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 7 | Land Development Code: Supplement 3 Update 3).
Full Breakdown
Lee County's Land Development Code devotes Chapter 14, Article II, Division 3 to the southern bald eagle, supplementing federal and state eagle law rather than replacing it. Section 14-115 makes the division apply to all real property within 660 feet of a nest (750 feet where the enhanced buffer of Section 14-120(3) is elected), unless the nest is abandoned or lost, and compliance is a precondition to a building permit, development order, zoning approval, notice of clearing or vegetation removal permit. S. Fish and Wildlife Service whenever an application comes in for property within 660 feet of a documented nest.
Section 14-119(c)(1) is the operative construction restriction: no structures or site work may occur within 660 feet of a nest during the nesting season (defined at Section 14-112 as October 1 through May 15) unless a Board-approved bald eagle management plan modifies that limit. Property owners can trade habitat protection for real incentives under Section 14-120: dedicating a 330-foot buffer earns density transfer rights and priority permit review, while a 660-foot dedication adds waived zoning and building permit fees, and a 750-foot dedication adds park impact-fee credits.
A five-member Eagle Technical Advisory Committee, supported by the Department of Community Development and Environmental Sciences Division, reviews management plans and monitors nest status countywide.
Violations & Fines
Section 14-113 makes any violation punishable under the County's general penalty provision, Section 1-5, which allows a fine up to $500.00 per offense, up to 60 days in the County Jail, or both, with each day of a continuing violation a separate offense. Violators can also be ordered to restore the critical eagle nesting habitat to its original condition, and if restoration is not completed, the County may do the work itself and place a lien on the property. A violation is additionally declared a public nuisance subject to injunction, and the County coordinates enforcement with the FWC on related wildlife complaints.
Frequently Asked Questions
Can I build within 660 feet of a bald eagle nest in Lee County?
Does dedicating land around an eagle nest pay off?
What happens if someone disturbs eagle nesting habitat illegally in unincorporated Lee County?
Sources & Official References
Other rules in Lee County
Florida rules heatmap·Compare Lee County to another location·View the Florida animal ordinances overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.