A.
A state agency intending to remove or destroy protected native plants shall notify
the Department, under A.R.S. § 3-905, and shall propose a method of disposal from the following
list:
1. The plants may be sold at a public
auction;
2. The plants may be relocated or transported
to a different location on the same property or to another property owned by the state, without obtaining a
permit;
3. The plants may be donated to nonprofit
organizations as provided in A.R.S. § 3-916 ;
4. The plants may be donated to another state
agency or political subdivision, without obtaining a permit; or
5. The plants may be salvaged or harvested by
a member of the general public or a commercial dealer, if the person holds a permit as provided under A.R.S.
§ 3-906 or 3-907 .
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.
B.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.
