Greg Wallis

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 specified. The act authorizes the Department of Fish and Wildlife to permit the taking of a western Joshua tree if specified conditions are met, including, but not limited to, that the permittee mitigates all impacts to, and taking of, the western Joshua tree through measures that are roughly proportional in extent to the authorized taking of the western Joshua tree. The act authorizes, in lieu of completing the mitigation measures, a permittee to elect to satisfy the mitigation obligation by paying fees pursuant to a specified fee schedule, as provided. The act authorizes the department to permit the removal or trimming of a dead western Joshua tree or trimming of a live western Joshua tree, without payment of fees or other mitigation, provided that the dead western Joshua tree or any limb to be removed satisfies a specified condition, including that the tree is leaning against an existing structure.

This bill would additionally authorize the department to issue a permit, without payment of fees or other mitigation, for the removal or trimming of any western Joshua tree that meets certain criteria, including that the western Joshua tree is located on a parcel that contains an existing single-family residence that is occupied by a person who maintains a specified homeowner's property tax exemption and that the removal or trimming of the western Joshua tree is necessary to maintain, repair, or replace existing infrastructure or utilities, as specified. The bill would require an applicant for a permit to demonstrate to the department that the western Joshua tree meets the criteria required for the permit, as specified.