Existing law, the Western Joshua Tree Conservation Act, prohibits any person or public agency from importing into the state, exporting out of the state, or taking, possessing, purchasing, or selling within the state, a western Joshua tree or any part or product of the tree, except as provided. Under existing law, the Department of Fish and Wildlife may authorize, by permit, the taking of a western Joshua tree if certain conditions are met, including, among other conditions, that the permittee mitigates all impacts to, and the taking of, the western Joshua tree. Existing law authorizes the department to enter into an agreement with any county or city to delegate to the county or city the ability to authorize the taking of a western Joshua tree associated with developing single-family residences, multifamily residences, accessory structures, and public works projects concurrent with its approval of the project if certain conditions are met. Existing law authorizes any person or public agency receiving a take authorization for a project to pay specified fees in lieu of satisfying the mitigation obligation on several bases, including if the project receives a permit issued by a county or city.

This bill would additionally authorize the department to enter into an agreement with any city to delegate to the city the ability to authorize the taking of western Joshua trees associated with developing commercial and industrial projects.

This bill would authorize the department to authorize, by permit, without payment of fees or other mitigation, (1) the removal by an owner of an existing single-family residence of a western Joshua tree that is within 30 feet of the single-family residence or 15 feet of an existing accessory structure, or within the construction footprint, or 15 feet of the construction footprint, of a new accessory structure that is proposed to be constructed for the single-family residence or (2) the removal by a developer of a public works project of a western Joshua tree that is within the construction footprint, or 15 feet of the construction footprint, of the public works project. The bill would require a property owner or public works project developer seeking a permit to submit a request to the department that includes specified information. The bill would require, within 60 days of receipt of a request for a permit, the department to either notify the property owner or public works project developer that the department will issue the permit or to deny the request if it does not meet the above-described requirements.