The Bylaws of Prairie Creek Park

Property Owners Association, Inc. and the Articles of Incorporation of Prairie Creek Park Property Owners Association, Inc.

were duly adopted by the Association membership at the duly noticed Special Members’ Meeting of the Association on the 30 day of April, 2019. Said amendment was approved by a proper percentage of voting interests of the Association. The original Bylaws are recorded at O.R. Book 494 Page 102, et seqand amended at O.R. Book 4037, Page 367, et seqof the Public Records of Charlotte County, Florida.


Paragraph 8.    Exempt Property. The following property in Prairie Creek Park Subdivision shall be exempt from the assessments, charge and lien created herein; (a) all properties to the extent of any easement or other interest therein dedicated and accepted by the local authority and devoted to public use, (b) all Common Area; and (c) all properties exempted from taxation by the laws of the State of Florida, upon and to the extent of such legal exemption as exemption may exist from time to time.



In December 2014 Charlotte County was issued an Incidental Take Permit (ITP) and associated Habitat Conservation Plan (HCP) to address impacts to the state and federally protected Florida scrub-jay, a protected species listed under the Endangered Species Act in 1987.  The HCP provides an acceptable alternative with a county-administered “take-permit” process intended to streamline the permitting process for individual property owners and the development of their land within the county.  


An important condition of the HCP provides that the County over the 30-year life of the permit agreement would acquire and maintain a ‘reserve’ of some 4,500 acres of suitable scrub land intended for the scrub-jay’s survival.  Currently, the County has a reserve of some 3,200 acres in various location across the County, and is pursuing the acquisition of the remaining 1,300 acres to meet its approximately 4,500 acre requirement.  


As a part of the County’s property acquisition process to maintain its compliance with the HCP, the Board of Commissioners (BOCC) approved Resolution 2015-028 on April 28, 2015.  This Resolution authorizes County representatives to negotiate for the acquisition of parcels or easement interests within the HCP Area, including Prairie Creek Park.  The 2015 Resolution also authorizes the County to negotiate for the termination of community association fees on property acquired by the County for purposes of meeting its obligation under the HCP.

Destined for Extinction-

I have been asked to add this links to:

Captain Josh Olive's article on the Florida Scrub-Jay.

  It is in two parts so you will need to click on the two links separately to view the entire piece.

Scrub Jay Workshop Tuesday 11/20/18 

County Commissioner Workshop 

The commissioners will get an HCP Update at the BCC Workshop on November 20th.  The workshop starts at 9:30am and will be held in the Commission Chambers, Room 119.


Link to agenda

Link to Power Point Presentation


I encourage everyone interested in the Scrub-Jay HCP issue to attend.  The "density model" and Land Acquisition strategies appear to be the focus of the update.  Check out the agenda and the Power Point presentation.


Please let me know if you will be attending.  A large turnout will reinforce our need for a more equitable approach to HCP fees. Bring your friends and neighbors.


Rick Kilmer

PCP Scrub-Jay Action Committee

Scrub Jay Updates

Scrub-Jay  article

Sun Newspaper (5/21/18) by Richard Kilmer

Emotions, reactions and impressions, were all expressed last Tuesday at the regular Charlotte County Commission meeting when...........

Click here to open article 


The Prairie Creek Park Scrub-Jay Action Committee will host three public workshops over the next few weeks, and invites interested residents from across Charlotte County to participate in a review and critique of the Charlotte County Scrub-Jay Habitat Conservation Plan 

Click here to open report 


So Much to Report on Scrub-Jay Action Plan

Here is a “rapid fire” update on the Charlotte County Scrub-Jay HCP:

Click here to open report 


The Prairie Creek Park Scrub-Jay Action Committee will be holding a three (3) session workshop at the end of February to prepare a prioritized list of comments, concerns, questions and suggested amendments to the current HCP for submittal and discussion with County administration.   If you are interested in participating please send a request to Sherry Danko ( so that you can be added to the invitation list and receive critical updates for dates, times and location.  You do not need to be a property owner in PCP to participate.

Federal Register

Below is a Link to the Federal Register -Fish and Wildlife Services

You can see everything that has been posted there and you can also add your email address for notices. The Charlotte HCP amendment has not been posted as of 1/13/18 but should be available soon.  Please check back for updates 


What the County has done.

Links to find our more about the HCP

Past Notices 

5/8/17 Charlotte Sun 

Charlotte County Board of County Commissioners Workshop- Habitat Conservation Plan (HCP)

Update and Discussion

December 19, 2017 9:00 am 18500 Murdock Circle, Room B106  

Workshop to address Implementation Challenges and Options to Address Challenges

1.Continue current land acquisition methodology and address any shortfalls when 25% of permits are issued.

2.Pursue acquisitions within Prairie Creek Park.

3.Acquire alterative parcel adjacent to Prairie Creek Preserve that meets USFWS spatial configuration requirement and restore agricultural land to scrub habitat Click links below for more information.