Mangrove removal results in notice of violation

Jul 9, 2026 By CJ HADDAD 5 min read

Environmental agencies are looking toward mandatory mitigation after protected mangroves were removed at Seven Islands without the required permits last month. 

The mangroves along the shoreline of one of the manmade “hammerhead” islands were removed by a contractor as part of a land-clearing effort for what is to become Gulf Gateway Resort & Marina, a project of the landowner, Forest Development. 

In an email to The Breeze Thursday, South Florida Water Management District Public Information Officer Jason Schultz said the project has a pending permit application, which is under review by the district. 

“The District recently issued a notice of violation to the Seven Islands Project due to impacts to mangroves,” Schultz said. “That notice of violation required them to stop all ongoing work and submit a restoration plan to restore the impacts to the mangroves. That plan was submitted to the District and is currently under review.

“The District is also determining the next steps in terms of any enforcement actions due to the violation.”

The Army Corps of Engineers has not issued permits for the removal of mangroves.

An application was submitted to the federal agency but it had been withdrawn in mid-June, officials said.

In an email obtained by The Breeze, the Corps provided an update through the office of Congressman Byron Donalds, who had been contacted by Cape Coral City Councilmember Jennifer Nelson-Lastra.

That email states the agency also was planning to issue a notice of violation

“A permit action associated with the work is currently pending, and the permit has not yet been issued. This activity may indicate a knowing or willful violation of regulatory requirements. A notice of violation from the Corps is imminent,” the July 6 email from the Corps to Donalds’ office states.

The USACE said via email Thursday it cannot comment on whether there are ongoing investigations.

Nelson-Lastra said she trusts the outcome will be proper.

“For me, I trust and support that the Army Corp will hold them appropriately accountable for the violations with required replanting and potential fines similar to what they did to our own city in 2019 when city workers accidentally removed mangroves at Four Mile Cove,” Nelson-Lastra said Thursday.

Following the stoppage of clearing along the shoreline at Seven Islands where protected red mangroves were removed, city officials in June said the only permit the city had issued was for the removal of invasive species with those permits not including shoreline work.

According to Cape Coral officials, the city does not issue permits specifically for shoreline work. Activities involving shoreline alteration, particularly those affecting mangroves or other protected resources, are regulated by state and federal agencies, including the Florida Department of Environmental Protection and the USACE.

“For this site, the City issued a clearing permit (CLEAR26-000002) on June 9,” the city’s Communications Office said in an email to The Breeze in June. “This permit was limited to the removal of nuisance vegetation, invasive species, dead trees, underbrush, and stump removal, including hauling and disposal. It did not approve the removal of any protected mangroves, which falls outside the City’s jurisdiction. All clearing permits issued by the City of Cape Coral include inspections for swale stabilization and erosion control.”

City officials stated an inspector visited the site during the week of June 15, and that, “No violations of City code were identified in relation to the permitted work. The only observed issue involved mangrove removal, which is under the jurisdiction of the U.S. Army Corps of Engineers, not the City.”

To clarify roles, city communications staff reiterated that the city is responsible for enforcing its local codes and reviewing permits within its authority.

“The City is not responsible for oversight of shoreline work regulated by other agencies, nor for contractor actions that fall outside the scope of a City‑issued permit,” staff stated in the June email. 

“At this time, the site has been inspected by City staff, no City code violations have been identified, no citations have been issued, and the City has not taken enforcement action, as the observed issue is outside its jurisdiction,” the email continued.

The Breeze was first alerted to an issue with clearing along the shoreline of protected red mangroves by Cape resident and professional geologist, David Scott.

Scott said on June 11 he noticed some equipment in the water in the area, and that the next day he witnessed the clearing of vegetation along the bank.

Scott, who is familiar with mangroves having studied them for 30 years, and is responsible for tens of thousands of plantings of the species in the area, said he contacted the Army Corps of Engineers to make them aware of what was happening.

Scott is also familiar with the project, dating back to concerns he had about the seawall installation when plans were drawn up in 2024.

Scott added that due to the history of Cape Coral and its man-made canals and the dredging that was performed in the city’s infancy, natural forests along the banks of canals perform a vital environmental function, he said.

Forest Development did not respond to requests for comment as of press time Thursday. 

To reach CJ HADDAD, please email cjhaddad@breezenewspapers.com