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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
native plants; fire prevention; exemption
Purpose
Exempts the Department of Forestry and Fire Management (DFFM), if the State Forester determines necessary to prevent, manage or suppress wildfires, from the requirement that the DFFM notify the Arizona Department of Agriculture (AZDA) before the removal or destruction of native plants over an area of state land exceeding one-fourth acre.
Background
Except in an emergency, if a state agency proposes to remove or destroy protected native plants over an area of state land exceeding one-fourth acre, the agency must notify the AZDA in writing at least 60 days before the plants are destroyed, and any such destruction must occur within one year of the date of destruction disclosed in the notice. Within five working days after receiving the notice, the AZDA must post a copy of the notice in a conspicuous location in the public area of the division office that administers the AZDA activities where the land is located on which the native plants are to be destroyed (A.R.S. §§ 3-904 and 3-905).
The Director of the AZDA must adopt rules for the disposal and salvage of native plants subject to removal or destruction by a state agency either under permit to other government agencies or nonprofit organizations or sale to the general public or commercial dealers. The AZDA may issue permits to donate, sell, salvage or harvest the plants after the AZDA ascertains the validity of the request and determines the kinds and approximate number of plants involved (A.R.S. § 3-905).
The State Forester has the authority to prevent, manage or suppress any wildfires on state and private lands located outside of incorporated municipalities. The State Forester, if there is no cooperative agreement, may also furnish wildfire suppression services on any lands in Arizona if the State Forester determines that suppression services are in the best interests of Arizona and are immediately necessary to protect state lands (A.R.S. § 37-1303).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1.
Exempts the DFFM, if the State Forester determines necessary to prevent,
manage or suppress wildfires, from the requirement that the DFFM notify the
AZDA in writing at least 60 days before the removal or destruction of native
plants over an area of state land exceeding
one-fourth acre.
2. Exempts the DFFM when preventing, managing or suppressing wildfires from the statutorily outlined requirements relating to Arizona native plants.
3. Makes technical and conforming changes.
4. Becomes effective on the general effective date.
House Action
LARA 2/3/25 DP 5-2-0-2
3rd Read 2/18/25 56-4-0
Prepared by Senate Research
March 7, 2025
SB/slp