Ariz. Admin. Code § 3-3-1103

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

Section R3-3-1103 - [Effective 2/2/2025] Disposal and Salvage of Protected Native Plants by a State Agency

A. A state agency intending to remove or destroy protected native plants, over an area of state land exceeding one-quarter acre, the state agency shall notify the Department in writing at least sixty days before the plants are removed or destroyed with the following information on a form obtained from the Department:

1. 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;

2. A description of the number and type of plants to be removed or destroyed;

2. Earliest date of plant destruction; and

3. The state agency's intent for the disposal or salvage of protected native plants on the land.

B. A state agency intending to remove or destroy protected native plants shall propose a method of disposal or transfer from the following list:

1. Relocated or transported to a different location on the same property or to another property owned by the state, without obtaining a permit;

2. Donated to another state agency or political subdivision, by obtaining a non-commercial salvage permit; or

3. Donated to nonprofit organizations as provided in A.R.S. § 3-916;

4. Salvaged or harvested by a member of the general public or a commercial dealer, if the person holds a salvage permit issued pursuant to R3-3-1104.

5. Sold at a public auction, with appropriate cord sealing tags purchased and utilized by the buyer pursuant to R3-3-1106(B) and R3-3-1107;

6. In situations where 1 through 5 above are not possible, the destruction or clearing of the land may begin 60 days after the notice, as prescribed in subsection (A), has been provided to the Department.

C. Any action by a state agency must occur within one year of the date disclosed in the notice.

D. A state agency filing a notice, as prescribed in subsection (A), to remove protected native plants are exempt from fees established for salvaged plants.

E. Notwithstanding subsection (B)(1) through (5), if the plants are highly safeguarded native plants, they shall first be made available to the holder of a valid scientific permit or a noncommercial salvage permit, by obtaining a current list of scientific permit and noncommercial salvage permit holders from the Department.

F. Pre-notification of intent shall not be required in an emergency, where imminent threat to the safety of a person or animal, or damage to personal or state property exists if protected native plants are not removed or destroyed by the state agency, provided the notice of intent is filed in conjunction with the removal or destruction of the native plant.

Ariz. Admin. Code § R3-3-1103

New Section recodified from R3-4-603at 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.