In July of 2023 the Western joshua Tree Conservation Act was passed with the singular goal of protecting and conserving the Western Joshua Tree and its habitat, which includes the Town of Yucca Valley, Joshua Tree, and most of the unincorporated communities in the hi-deert that sit within San Bernardino County.
If you have one or more of the trees on your property, or even within 50 feet of your property, you could be on the hook for mitigation fees if you want or need to do improvements on your property that could impact those trees.
Act vs. Plan
It’s important to note that there are two different things being talked about with very similar names: the Western Joshua Tree Conservation ACT is the law that was passed in 2023 that prohibits the import, export, take, possession, purchase, or sale of any western Joshua tree in California unless authorized by California Department of Fish and Wildlife (CDFW).
The Act was written by lawmakers and signed into law – meaning that the fees and framework for applying those fees was given to the CDFW for implementation, but the CDFW was not responsible for setting the controversial fees that would be applied to both commercial and residential property owners were they to impact a Joshua Tree on their property.
The Western Joshua Tree Conservation Plan is a collaboration between the CDFW and organizations around the state to provide guidance on how to avoid directly or indirectly impacting the Western Joshua Tree, which according to the California Endangered Species Act is a threatened species and has been under protection from CESA since October of 2020.
The Western Joshua Tree Conservation Plan is still in draft stages and is expected to be delivered to the state in June.
The fees outlined in the ACT itself are probably the most controversial – with the majority of the public comment period at yesterday morning’s meeting asking for clarification and exemptions for the take fees.
What is a “take?”
The term “take” isn’t defined in the plan itself, it’s actually a term from the CDFW that means “to hunt, pursue, catch, capture, or kill” a specimen. In the case of the Western Joshua Tree, an incidental take permit would need to be applied for if any significant ground disturbance is planned within 50 feet of a Western Joshua Tree, whether it grows on your property or not.
Those fees can run into the thousands of dollars per Joshua Tree – depending on the height of the tree. Its important to note that each stalk of a Western Joshua Tree is counted as an individual tree, potentially multiplying each permit fees.
It’s those fees that the City of Yucca Valley – and most commenters at yesterday’s meeting – say are too expensive for single family home owners. In the case of Yucca Valley, residents in the second phase of the sewer system project will be faced with fees for removing or pumping septic systems or hooking up their property to the town’s sewer.
The take fees applies to construction above ground, too, meaning that ADU’s, garages, outbuildings, or new home construction will be impacted by the fees and the application process for those fees.
The CDFW says that cities or counties can enter into a delegated agreement to qualify for reduced fees, but the ACT itself doesn’t include any exemptions for projects such as the Yucca Valley sewer system, or other largescale projects where a property owner’s participation is compulsory.
After the approximately hour long presentation – there were almost two hours of public comment at the first meeting – with most residents expressing their love of Joshua Trees as well as their concern on the impact that the Western Joshua Tree Conservation Act will have on single family property owners.
