Desert Tortoises, Burrowing Owls, and Other Protected Species Issues

Why this varies so much by region

Which species trigger review depends heavily on where the land is located. The desert tortoise is a concern across parts of the Mojave and Sonoran desert regions, while burrowing owls are a factor in open grassland and agricultural areas across much of the West, including parts of California, Arizona, and Florida populations of a related subspecies.

Other regions have their own protected species entirely, from certain bat species in cave-adjacent areas to specific plants, birds, or amphibians tied to local wetlands or forests. A seller or builder should never assume a species concern from one region applies elsewhere, or that the absence of one well-known species means no protected species issues exist at all.

How a potential issue gets identified

Protected species concerns typically surface during a biological survey conducted by a qualified consultant, sometimes required as part of a jurisdiction's development review process and sometimes commissioned voluntarily by a builder during due diligence. The survey looks for direct evidence of the species, such as burrows, nests, tracks, or scat, as well as habitat characteristics that suggest the species is likely present.

In some cases a records search of known occurrence data maintained by state wildlife agencies is also part of the initial screening before a full field survey is ordered.

Seasonal timing can restrict when work happens

Even when a species is confirmed present, development is not necessarily prohibited outright. Many situations are managed through seasonal restrictions, such as avoiding ground disturbance during a nesting or breeding season, combined with pre-construction surveys immediately before work begins.

This means a project's timeline can be shaped as much by a species' breeding calendar as by permitting schedules, and builders sometimes need to sequence site work around these windows.

Mitigation and relocation processes

When a protected species is confirmed and cannot simply be avoided, mitigation typically involves a permitted biologist safely relocating individuals, in some cases combined with habitat compensation such as preserving or restoring habitat elsewhere. These processes are governed by specific permits and protocols and are not something a landowner or builder can undertake informally.

The cost and time required for mitigation varies enormously depending on the species, the extent of habitat on the parcel, and the specific requirements of the agency involved.

How this affects land value and offers

A parcel with confirmed or likely protected species habitat generally carries more risk and cost, which builders factor into what they can offer for the land. Uncertainty itself has a cost, since a builder may need to complete a survey before knowing whether the issue applies at all.

Sellers who have already had a biological survey done, or who know their parcel has historically been used in a way inconsistent with typical habitat, can sometimes provide useful information that helps a builder assess risk more quickly.

This is not something to self-diagnose

Because protected species rules involve federal and sometimes state law with real legal consequences for violations, any determination should come from a qualified biologist or environmental consultant, not a general guess based on what a landowner has seen on the property. Landmark United is not an environmental consultant and does not make species determinations.