Native Plant Protection Information

NATIVE PLANT PROTECTION INFORMATION FOR BUILDERS AND DEVELOPERS

ARIZONA DEPARTMENT OF AGRICULTURE
NATIVE PLANT PROTECTION PROGRAM
Based on Arizona Revised Statutes § 3-901 et seq.
Effective 7/21/97

Prepared By:
Mohave County Development Services Department
Building Division
(928) 757-0903

For further Information, Contact:
Arizona Department of Agriculture Native Plant Program
1688 West Adams
Phoenix, Arizona 85007
Telephone (602) 542-7182

ALL PLANTS NATIVE TO ARIZONA ARE PROTECTED

Most native desert plants fall into one of five groups specially protected from theft, vandalism, or unnecessary destruction by Arizona's Native Plant Law. This includes all of the cacti; exotic plants (like ocotillo), most of the trees (ironwood, palo verde, mesquite), and many smaller plants.

The protection includes plants on privately owned land and publicly owned land including land owned by state and local political entities. Also, permission is required prior to destroying or removing plants from BLM or other federally owned land.

NOTICE IS REQUIRED PRIOR TO CLEARING LAND OF PROTECTED PLANTS

If you own land in Arizona and intend to begin a construction or similar project on your land, under Arizona’s native plant laws, it may be illegal to destroy or move these plants during clearing, grubbing or construction operations without following the Arizona Department of Agriculture’s required notice procedures prior to clearing the land, including:

• At least verbal notice 20 days prior to beginning operations if the area in which plants are to be destroyed is under an acre.
• A 30 day written notice if the area is over an acre, but less than forty acres.
• A 60 day written notice if the area is forty acres or more.

Two exemptions from the notice requirements are:

1. Destruction of native plants that occurs in the normal course of mining, commercial farming and stock raising operations;
2. Destruction of native plants on individually owned residential property of ten acres or less where initial construction has already occurred.

A NOTICE OF INTENT TO CLEAR LAND may be obtained from the Department of Agriculture to facilitate this process.

The landowner may NOT begin the destruction of protected native plants until he receives confirmation from the Arizona Department of Agriculture and the time prescribed above has elapsed.

REMOVING, MOVING AND RELOCATING NATIVE PLANTS

All land in the State of Arizona is owned by someone whether a government agency or a private citizen. Plants cannot be removed from any lands without permission from the Department of Agriculture. Lessees of State or Federal land must obtain specific authorization from the landlord agency to remove protected native plants.

Contact the Department of Agriculture to obtain an application form to remove, move, or import into Arizona protected native plants. Written permission must be obtained from the landowner before entering any private property.

Written authorization from the State Land Department must be obtained before entering State Trust Lands. For further information regarding State Trust Lands, please contact the State Land Department at (602) 542-2657.

Public Land (BLM Forest Service) requires written authorization from the land management agency for the removal of any natural resource. Please contact the Bureau of Land Management at (602) 780-8090 or the National Forest Service Regional Office in Albuquerque, New Mexico at (505) 842-3270.

DEPARTMENT OF AGRICULTURE PARKER OFFICE

1112 ARIZONA AVE
PARKER, AZ 85344
TELEPHONE: (928) 669-5784

Native Plant Protection Info-Updated 11/05/08