Ariz. Admin. Code § 3-3-1102

Current through Register Vol. 30, No. 50, December 13, 2024

Section R3-3-1102 - 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 the following information to the Department on a form obtained from the Department:

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

b. Name, 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 notice from the Department, and

2. Notice is given to the Department within the following minimum time periods:

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 provide a salvage operator or other interested person with a copy of a notice of intent submitted under this Section upon receipt of the private landowner's name, address, telephone number, and payment of an annual $25 nonrefundable fee.

Ariz. Admin. Code § R3-3-1102

New Section recodified from R3-4-602 at 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).