Environmentally sensitive areas—Upland essential wildlife habitat.

Tampa City Code § 27-287.12

in effect

Sec. 27-287.12. - Environmentally sensitive areas—Upland essential wildlife habitat. (a) Intent and general provision. (1) This section provides standards and guidelines for the protection of upland habitat for populations of endangered and threatened species and species of special concern in the City of Tampa. It is intended that implementation of the provisions in this section preserve upland essential wildlife habitat based on the listed species' habitat needs, in order to maintain viable populations of the listed species. (2) New road rights-of-way shall be routed to avoid traversing essential wildlife habitat, unless there is no feasible and prudent alternative and the roadway design incorporates design features for the safe passage of wildlife. Design features for wildlife crossings shall be appropriate for the wildlife species expected to utilize the crossing and shall be designed in accordance with the recommendations of the Florida Game and Freshwater Fish Commission. (b) Listed animal species. (1) When a listed animal species' essential habitat occurs on-site, the developer shall protect the habitat by locating and designing proposed improvements to ensure no adverse impact to a viable population, nesting pair, or nesting colony which would prevent such population, nesting pair, or nesting colony from being maintained on-site, based on the listed species guidelines in Appendix C. However, it is not the intent of this provision to preclude all reasonable use of a lot or parcel consistent with this Code. (2) The coordinator shall presume that a listed animal species' essential habitat occurs on-site whenever a listed animal species has been previously documented on-site; or, upon evaluation of the property, the Coordinator determines that the land by itself, or in combination with off-site lands, meets the minimum habitat needs for a viable population of a listed animal species, as specified in the listed species guidelines in the Appendix C; or, upon conducting an on-site inspection of the property, the coordinator observes evidence of a listed animal species on the property. This presumption shall be refutable upon a showing of clear and convincing evidence to the contrary. (3) Protection of a listed animal species' essential habitat shall consist of on-site preservation of the habitat, based on the listed animal species' habitat needs as specified in the listed species guidelines in the Appendix C, and shall meet the on-site preservation provisions of section 27-287.14. (4) On-site preservation shall be recommended only when the site is supporting by itself, or in combination with off-site lands, a viable population, nesting pair, or nesting colony of a listed animal species and sufficient management capabilities exist to manage the habitat to maintain the viable population, nesting pair, or nesting colony of the listed animal species. The coordinator's determination of a viable population of a listed animal species and the feasibility of on-site management of the listed species essential habitat shall be refutable upon a showing of clear and convincing evidence to the contrary. (5) When the amount of essential wildlife habitat to be preserved on-site cannot be sufficiently managed, protection shall consist of preservation off-site and shall meet the off-site preservation provisions of section 27-287.15. (6) Notwithstanding a recommendation by the coordinator for on-site preservation, the developer may elect to mitigate for his/her impact to essential wildlife habitat through off-site preservation. In such instance, there will be a net loss of manageable essential wildlife habitat, therefore in addition to all other off-site preservation provisions set forth in section 27-287.15, the following criteria shall be met in lieu of section 27-287.15(a)(1): a. The off-site preservation-site shall be degraded lands (i.e., non-significant wildlife habitat), or lands which are the type land, but not the minimum size, set forth in Appendix A; and b. The off-site preservation-site shall be of the same general soil type (xeric or mesic) of the essential wildlife habitat existing on-site. (7) The listed animal species covered by these provisions are listed in the listed species guidelines in Appendix C. (c) Listed plant species. (1) When a listed plant species' essential habitat occurs on-site, the developer shall protect the habitat of the listed plant species by locating and designing proposed improvements to maintain the plants on-site, based on the listed species guidelines set forth in the Appendix C. However, it is not the intent of this provision to preclude the reasonable use of a lot or parcel consistent with this Code. (2) The coordinator shall presume that a listed plant species' essential habitat occurs on-site whenever a listed plant species has been previously documented on-site; or, upon conducting an on-site inspection, the coordinator observes a listed plant species on the property. This presumption shall be refutable upon a showing of clear and convincing evidence to the contrary. (3) Protection of a listed plant species' essential habitat shall consist of on-site preservation of the plants, based on the listed plant species' habitat needs set forth in the listed species guidelines in the Appendix C, and shall meet the on-site preservation provisions of section 27-287.14. (4) On-site preservation shall be recommended only when sufficient management capabilities exist to maintain the plants on-site. The coordinator's determination of the feasibility of on-site management shall be refutable upon a showing of clear and convincing evidence to the contrary. (5) When the amount of essential wildlife habitat to be preserved on-site cannot be sufficiently managed, protection shall consist of preservation off-site, and shall meet the off-site preservation provisions of section 27-287.15. (6) Notwithstanding a recommendation by the coordinator for on-site preservation, the developer may elect to mitigate for his/her impact to listed plant species' essential habitat through off-site preservation. In such instance, there will be a net loss of manageable listed plant species' essential habitat, therefore in addition to all other off-site preservation provisions set forth in section 27-287.15, the following criteria shall be met in lieu of section 27-287.15(a)(1): a. The off-site preservation-site shall be degraded lands (i.e., non-significant wildlife habitat), or lands which are the type land, but not the minimum size, set forth in Appendix A; and b. The off-site preservation-site shall be of the same general soil type (xeric or mesic) of the listed plant species' essential habitat existing on-site. (7) The listed plant species covered by these provisions are listed in the listed species guidelines in Appendix C.

Source: City of Tampa, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/tampa/codes/code_of_ordinances?nodeId=COOR_CH27ZOLADE_ARTVISURE_DIV4NARETRLAWEUPHA_SD6UPHAPR_S27-287.12ENSEARPLESWIHAFetched: 10/28/2026