The Western Joshua Tree Conservation Act (WJTCA) in California protects western Joshua trees, making it illegal to remove or harm them without proper authorization from the California Department of Fish and Wildlife (CDFW). This page is designed to provide a clear understanding of the permits available under the WJTCA, ensuring residents and developers in areas like San Luis Obispo County, and across California, can operate within the legal framework while respecting these iconic trees.
Hazard Management Permits: Addressing Immediate Risks
For property owners in San Luis Obispo County and throughout California, Hazard Management Permits offer a streamlined process for managing western Joshua trees that pose immediate threats. These permits are issued free of charge and cover situations where trees are dead or pose a risk to safety and property.
You can obtain a Hazard Management Permit if a western Joshua tree or limb:
- Has fallen and is within 30 feet of a structure, presenting a hazard to the building.
- Is leaning against an existing structure, potentially causing damage.
- Creates an imminent threat to public health or safety, requiring urgent action.
Applying for a Hazard Management Permit:
CDFW aims to process applications efficiently. For trees or limbs that are fallen or leaning and within 30 feet of a structure, permits are typically processed within 30 days of application receipt. In situations involving an imminent threat to public health and safety, the processing time is expedited to within 10 days. This quick turnaround is crucial for residents in areas like San Luis Obispo County who need to address hazards promptly.
WJTCA Incidental Take Permits: For Development and Projects
When projects such as renewable energy installations, housing developments, or public works in San Luis Obispo County and other regions of California may result in the unavoidable removal of western Joshua trees, WJTCA Incidental Take Permits are necessary. These permits allow for the “incidental take” of trees, meaning their removal is not the primary purpose of the project but a necessary consequence.
A key feature of the WJTCA Incidental Take Permit is the option to pay a standard mitigation fee. This provides a streamlined alternative to undertaking individual mitigation actions, simplifying the permitting process for developers and businesses. The fees collected are channeled into the Western Joshua Tree Conservation Fund, directly supporting conservation efforts and land acquisition for western Joshua tree habitats. This ensures that development projects contribute to the long-term preservation of the species.
For detailed information and application procedures, please visit the WJTCA Incidental Take Permits page.
Local Agreements: Delegated Permitting Authority
The WJTCA also allows CDFW to establish agreements with local governments, such as counties and cities. These agreements can delegate limited authority for permitting the removal of western Joshua trees in specific, lower-impact scenarios. This delegated authority can apply to projects like single-family homes, multi-family residences, accessory structures, and public works projects. Furthermore, these agreements can extend to the removal of dead trees and the trimming of both live and dead trees.
For residents and developers in San Luis Obispo County, it’s advisable to check for any local agreements that might streamline the permitting process within the county. We will update this section with details on local agreements as they are established.
CESA Permitting: An Alternative Option
Even with the WJTCA in place, the California Endangered Species Act (CESA) Incidental Take Permits remain a viable option for those needing to remove western Joshua trees. While the western Joshua tree is a candidate species under CESA, these permits continue to be available. Importantly, the choice between a WJTCA permit and a CESA permit rests with the individual or business seeking authorization, providing flexibility depending on project specifics.
For comprehensive details on this alternative, refer to the CESA Permitting page.
Natural Community Conservation Plans (NCCP)
Natural Community Conservation Plans (NCCPs) offer a landscape-level approach to conservation. If an NCCP is approved that includes the western Joshua tree as a covered species, this NCCP becomes the primary authorization for any take of western Joshua trees within the plan’s area. This means that projects and activities covered by an approved NCCP will follow the plan’s guidelines for Joshua tree conservation.
To learn more about this comprehensive conservation strategy, please visit the NCCP page.
Need Assistance? Contact CDFW
For any further inquiries regarding western Joshua trees or the permitting processes discussed, please reach out to CDFW directly at [email protected]. You can also contact your regional CDFW office for localized assistance and guidance relevant to areas like San Luis Obispo County.
