The Western Joshua Tree Conservation Act (WJTCA) was passed in July 2023 to conserve the western Joshua trees and their habitat while supporting the state’s renewable energy and housing priorities. The WJTCA has created a permitting process for certain development activities and collects mitigation fees. It is designed to offset the impacts of permitted projects that negatively impact western Joshua trees and help conserve the species on a landscape scale.
The new legislation allows California Fish and Wildlife (CDFW) to enter into agreements with cities and counties to authorize Hazard Management Permits and the taking of western Joshua trees. The CDFW may also permit the trimming and removing hazardous or dead western Joshua trees. The Hazard management permit relates to fallen trees 30 feet from a structure or a tree that threatens public health or safety. To obtain this permit, a property owner or agent of the property owner must complete a free application with CDFW until the agreements with cities have been signed.
CDFW may also enter into agreements with cities and counties to authorize the taking of western Joshua trees to allow for the development of single-family and multifamily residences, accessory structures, and public works projects through WJTCA Incidental Take Permits. Incidental Take Permits will be eligible for the reduced mitigation fee rate, provided the trees are not within 2 miles of Joshua Tree National Park or any unit in the California State Parks system and only once the CDFW has entered into an agreement with a County or incorporated city.
Yucca Valley Deputy Manager Shane Stueckle said he anticipates that State Fish and Wildlife will send draft agreements out in the near future. All permitting authority currently rests with them.
Drew Kaiser from the CDFW said, “When cities or the County enter into a delegation agreement, they will get discounted mitigation rates. The Delegate would then take on the permitting process and transfer fees and permits to the CDFW.
For more information, subscribe to the website at https://wildlife.ca.gov/News/Archive/california-takes-action-to-protect-western-joshua-tree#gsc.tab=0.
MDLT has been providing informational programs and webinars on protecting and permitting the western Joshua Tree. Check their website for more information at https://www.mdlt.org/.
