§ 1927.4. — 1927.4. (Added by Stats. 2023, Ch. 51, Sec. 5.)

California § 1927.4.

• Jurisdiction: California
• Code FGC: Fish and Game Code - FGC
• Div. 2.: DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE
• Ch. 11.5.: CHAPTER 11.5. Western Joshua Tree Conservation Act

Text

(a)
The department may issue a permit to authorize either the removal or trimming of dead western Joshua trees or the trimming of live western Joshua trees.
(1)
Upon receipt of a permit and payment of any applicable administrative fees, a property owner or its agent may remove a detached dead western Joshua tree or the detached limb of a western Joshua tree. All other removals and all trimming of western Joshua trees authorized by permits issued pursuant to this subdivision shall be completed by a desert native plant specialist.
(2)
The department may issue permits pursuant to this section, without payment of fees or other mitigation, provided that the dead western Joshua trees
or any limbs to be removed meet one of the following:
(A)
Have fallen over and are within 30 feet of a structure.
(B)
Are leaning against an existing structure.
(C)
Create an imminent threat to public health or safety.
(3)
A property owner seeking a permit pursuant to this subdivision shall submit a permit request to the department on a form to be provided by the department that requires the following information:
(A)
The name, telephone number, mailing address, and email address of the property owner seeking the permit.
(B)
The street address of the property on which the western Joshua trees to be removed or trimmed are
located. If no street address is available, the property owner shall include the assessor’s parcel number.
(C)
Photographs of the western Joshua trees that visually depict the dead trees or the trees to be trimmed and that demonstrate that the western Joshua tree meets one or more of the requirements of paragraph (2).
(D)
A signed attestation from the property owner or signed certification by a desert native plant specialist that the tree meets the definition of a dead western Joshua tree.
(4)
(A)
Within 30 days of receipt of a request for a permit pursuant to subparagraph (A) or (B) of paragraph (2), the department shall either issue a permit allowing for the removal or trimming, or deny the request if the request does not demonstrate a permit can be issued pursuant to this section.
(B)
Within 10 days of receipt of a request for a permit pursuant to subparagraph (C) of paragraph (2), the department shall either issue a permit allowing for the removal or trimming, or deny the request if the request does not demonstrate a permit can be issued pursuant to this section.
(C)
If the department issues a permit, it shall provide the property owner 60 days in which to complete the removal or trimming. The department may extend this 60-day period in writing at its discretion.
(D)
If the department denies the permit request, the property owner may resubmit the request with additional information and photographs. Resubmissions pursuant to this subdivision shall be processed as new permit requests.
(5)
Within 30 days of completing the removal or
trimming of one or more western Joshua trees in accordance with a permit issued pursuant to this section, the property owner shall submit, by mail or email, photographs of the site at which the western Joshua trees were removed or trimmed pursuant to the permit.
(b)
The department may enter into an agreement with any county or city to delegate to the county or city the ability to authorize the removal or trimming of dead western Joshua trees or the trimming of live western Joshua trees, provided that the county or city ensures that all permits issued satisfy the requirements of subdivision (a). The county or city shall be required to submit to the department quarterly reports documenting the number of permits issued, the number and size class of western Joshua trees authorized to be removed or trimmed, and any other information specified in the agreement with the department. A county or city entering into an agreement pursuant to this
subdivision may impose a reasonable fee to cover the administrative costs of issuing the permit.
(c)
(1)
The department retains express authority to suspend or revoke an agreement with any county or city to delegate to the county or city the ability to authorize the removal or trimming of dead western Joshua trees or the trimming of live western Joshua trees in the event the department determines the county or city has violated the terms of the agreement or this chapter, the county or city fails to implement or enforce the terms of the agreement or this chapter, or the local population of western Joshua trees within, or in the vicinity of, that county or city needs further protection. A county or city that has entered into an agreement with the department shall conduct an annual assessment of the status of the local population of western Joshua trees within the county or city and submit the assessment to the department.
The department shall determine if the population needs further protection to provide for the conservation of the species.
(2)
The department shall adopt standardized survey and assessment methods for the annual assessment required pursuant to paragraph (1), including requiring that a desert native plant specialist conduct the assessment. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to the development, adoption, or amendment of standardized survey and assessment methods pursuant to this paragraph.

Legislative History

Added by Stats. 2023, Ch. 51, Sec. 5. (SB 122) Effective July 10, 2023. Conditionally operative pursuant to Section 1927.2.