Ariz. Admin. Code § 3-3-1102

Current through Register Vol. 31, No. 2, January 10, 2025

Section R3-3-1102 - [Effective 2/2/2025] Protected Native Plant Destruction by a Private Landowner

A. Notice of intent.

1. Before a protected native plant is destroyed, the private landowner shall provide notification of intended destruction, which shall include the following information to the Department on a form obtained from the Department:

a. Name, address, email address, and telephone number of the landowner;

b. Name, address, email address, and telephone number of the landowner's agent, if applicable;

c. Valid documentation indicating land ownership, including but not limited to a parcel identification number, tax assessment, or deed;

d. Legal description, map, address, or other description of the area, including the number of acres to be cleared, in which the protected native plants subject to the destruction are located;

e. Earliest date of plant destruction; and

f. Landowner's intent for the disposal or salvage of protected native plants on the land.

2. A landowner intending to destroy protected native plants on an area of less than one acre may submit the information required in subsection (A)(1) to the Department verbally.

B. A landowner shall not destroy a protected native plant until:

1. The landowner receives a written confirmation from the Department that the notice has been received, and

2. Notice is given to the Department within the following minimum time periods, starting from the time the notice was given to the Department:

a. Twenty days before the plants are destroyed over an area of less than one acre.

b. Thirty days before the plants are destroyed over an area of one acre or more but less than 40 acres.

c. Sixty days before the plants are destroyed over an area of 40 acres or more.

C. The Department shall compile a list of names and contact information of salvagers or persons interested in native plant salvage. The persons on the list shall receive notifications of potential salvage opportunities. To be placed on the list, the salvager or other interested person shall submit to the Department's licensing section the salvager or interested person's name, email address, mailing address, telephone number, and payment of an annual $35 nonrefundable fee. The Department shall send to all listed salvagers and interested persons an electronic copy of notices of intent ("NOI"), including those that indicate they are not allowing salvage, The electronic copy of the NOIs shall be sent out daily the next business day after the NOIs are received.

D. A notice of intent is not required for the destruction of native plants on individually owned residential property of ten acres or less where initial building construction has already occurred.

Ariz. Admin. Code § R3-3-1102

New Section recodified from R3-4-602at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1). Amended by final rulemaking at 14 A.A.R. 811, effective May 3, 2008 (Supp. 08-1). Amended by final rulemaking at 30 A.A.R. 3865, effective 2/2/2025.