Cities may approve commercial and industrial Joshua tree projects

The Department of Fish and Wildlife may agree to let a city approve permits for commercial or industrial projects that affect western Joshua trees. This applies to commercial and industrial projects approved by a city under an agreement with the department. The city must have an agreement with the department and ensure the project follows the chapter’s requirements. The project may take no more than 40 trees. For more than 20 and up to 40, the city must get the department’s written concurrence that impacts were avoided and reduced as much as practicable. The act took effect on September 29, 2026.

A qualifying homeowner or public works project leader may pay set fees instead of completing mitigation for removal or trimming of western Joshua trees. This fee option applies to take authorizations issued by the department for the specified work at an existing single-family home or an existing public works structure. A person must own and live in an existing single-family home. They may remove up to 10 trees or trim trees within 30 feet of the home, 15 feet of an existing accessory structure, or the footprint or 15-foot area around a proposed new accessory structure for that home. A public works project may remove up to 40 trees or trim trees within its footprint or 15 feet of it when repairing, rehabilitating, replacing, or maintaining an existing structure. Fees are $250 per tree at least five meters tall, $50 per tree from one meter to under five meters, and $37.50 per tree under one meter. The act took effect on September 29, 2026.

A city or county with an approved department agreement may issue a permit without requiring mitigation for the specified homeowner or public works work. This covers an owner-occupant removing up to 10 trees or trimming trees near an existing single-family home, and a public works project removing up to 40 trees or trimming trees near work on an existing structure. The city or county may charge a reasonable fee to cover the cost of issuing the permit. Applicants must provide contact and location information, tree size and distance details, and photographs. Within 60 days of receiving the request, the city or county must say it will issue the permit or deny the request if it does not qualify. The local government must respond within 60 days after receiving the permit request. The act took effect on September 29, 2026.

State environmental review does not apply temporarily to permits for the specified homeowner tree work. The exemption covers removal of up to 10 trees or trimming near an existing single-family home, within the stated distance limits. This applies to permits issued by the department, a county, or a city for the specified work by an owner-occupant of an existing single-family home. The exemption ends when the department certifies the required environmental report and any challenge has a final, unappealable judgment, or on January 1, 2032, whichever occurs first.

The department’s deadline to adopt regulations adjusting western Joshua tree fees moves to June 30, 2027. This applies to regulations adjusting fees paid instead of completing mitigation for taking western Joshua trees. The department must adopt and later amend regulations adjusting fees as needed to support conservation. The first changed deadline is June 30, 2027; later updates are due every three years.