Bill Text: CA AB1663 | 2025-2026 | Regular Session | Amended
Bill Title: Western Joshua Tree Conservation Act: removal: trimming.
Sponsorship: Partisan Bill (Republican 1)
Status: (Engrossed) 2026-06-03 - Referred to Com. on N.R. & W. [AB1663 Detail]
Download: California-2025-AB1663-Amended.html
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Amended
IN
Assembly
April 27, 2026 |
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Amended
IN
Assembly
March 16, 2026 |
CALIFORNIA LEGISLATURE—
2025–2026 REGULAR SESSION
Assembly Bill
No. 1663
| Introduced by Assembly Member Wallis |
January 29, 2026 |
An act to add Section 1928 to amend Section 1927.4 of the Fish and Game Code, relating to conservation.
LEGISLATIVE COUNSEL'S DIGEST
AB 1663, as amended, Wallis.
Western Joshua Tree Conservation Act: single-family residence: exemption. removal: trimming.
The Western Joshua Tree Conservation Act prohibits any person or public agency from importing into the state, exporting out of the state, or taking, possessing, purchasing, or selling within the state, a western Joshua tree or any part or product of the tree, except as specified. The act authorizes the Department of Fish and Wildlife to permit the taking of a western Joshua tree if specified conditions are met, including, but not limited to, that the permittee mitigates all impacts to, and taking of, the western Joshua tree through measures that are roughly proportional in extent to the authorized taking of the western Joshua tree. The act authorizes, in lieu of completing the mitigation measures, a permittee to elect to satisfy the mitigation obligation by paying fees pursuant to a specified fee schedule, as provided.
The act authorizes the department to permit the removal or trimming of a dead western Joshua tree or trimming of a live western Joshua tree, without payment of fees or other mitigation, provided that the dead western Joshua tree or any limb to be removed satisfies a specified condition, including that the tree is leaning against an existing structure.
This bill would exempt
from the act a project or activity located within a parcel that contains, or will contain, a single-family residence that has been continuously owned by the same person, as specified, on or before July 10, 2023, and the parcel owner complies with applicable local ordinances regarding western Joshua trees as those local ordinances read on July 10, 2023.
This bill would additionally authorize the department to issue a permit, without payment of fees or other mitigation, for the removal or trimming of any western Joshua tree that meets certain criteria, including that the western Joshua tree is located on a parcel that contains an existing single-family residence that is occupied by a person who maintains a specified homeowner’s property tax exemption and that the removal or trimming of the western Joshua tree is necessary to maintain, repair, or replace existing infrastructure or utilities, as specified.
The bill would require an applicant for a permit to demonstrate to the department that the western Joshua tree meets the criteria required for the permit, as specified.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1927.4 of the Fish and Game Code is amended to read:1927.4.
(a) The department may issue a permit to authorize either the removal or trimming of(1) Upon receipt of a permit and payment of any applicable administrative fees, a property owner or its agent may remove a detached dead western Joshua tree or the detached limb of a western Joshua tree. All other removals and all trimming of western Joshua trees authorized by permits issued pursuant to this subdivision shall be completed by a desert native plant specialist.
(2) The department may issue permits pursuant to this section, without payment of fees or other mitigation, provided that the dead western Joshua trees
or any limbs to be removed meet one of the following: either of the following apply:
(A) A dead western Joshua tree or any limb to be removed meets one of the following conditions:
(A)Have
(i) Has fallen over and are within 30 feet of a structure.
(B)Are
(ii) Is leaning against an existing structure.
(C)Create
(iii) Creates an imminent threat to public health or safety.
(B) A western Joshua tree meets all of the following criteria:
(i) The western Joshua tree is located on a parcel that contains an existing single-family residence that is occupied by a person who maintains a homeowner’s property tax exemption on the residence pursuant to Section 218 of the Revenue and Taxation Code.
(ii) The removal or trimming of the western Joshua tree is necessary to maintain, repair, or replace existing infrastructure or utilities serving the residence or to comply with department approved fire, health, or safety requirements, including defensible space requirements.
(C) No more than 10 individual western Joshua trees or any limbs may be removed for each permit issued pursuant to subparagraph (B).
(3) A property owner seeking a permit pursuant to this subdivision shall
submit a permit request to the department on a form to be provided by the department that requires the following information:
(A) The name, telephone number, mailing address, and email address of the property owner seeking the permit.
(B) The street address of the property on which the western Joshua trees tree to be removed or trimmed are
is
located. If no street address is available, the property owner shall include the assessor’s parcel number.
(C) For a request for a permit pursuant to subparagraph (A) of paragraph (2), both of the following are required:
(C)
(i) Photographs of the western Joshua trees that visually depict the dead trees or the trees to be trimmed and that demonstrate that the western Joshua tree meets one or more of the requirements of paragraph (2).
subparagraph (A) of paragraph (2).
(D)
(ii) A signed attestation from the property owner or signed certification by a desert native plant specialist that the tree meets the definition of a dead western Joshua tree.
(D) For a request for a permit pursuant to subparagraph (B) of paragraph (2), all of the following are required:
(i) Proof of the maintenance of a property tax exemption required by clause (i) of subparagraph (B) of paragraph (2).
(ii) A description of how the removal of a tree is necessary pursuant to clause (ii) of subparagraph (B) of paragraph (2).
(iii) Photographs of the western Joshua trees that visually depict the western Joshua trees to be removed or trimmed.
(4) (A) Within 30 days of receipt of a request for a permit pursuant to subparagraph (A) or (B) of paragraph (2), clause (i) or (ii) of subparagraph (A) of paragraph (2), the department shall either issue a permit
allowing for the removal or trimming, or deny the request if the request does not demonstrate a permit can be issued pursuant to this section.
(B) Within 10 days of receipt of a request for a permit pursuant to subparagraph (C) of paragraph (2),
clause (iii) of subparagraph (A) of paragraph (2), the department shall either issue a permit allowing for the removal or trimming, or deny the request if the request does not demonstrate a permit can be issued pursuant to this section.
(C) If the department issues a permit, it shall provide the property owner 60 days in which to complete the removal or trimming. The department may extend this 60-day period in writing at its discretion.
(D) If the department denies the permit request, the property owner may resubmit the request with additional information and photographs. Resubmissions pursuant to this subdivision shall be processed as new permit requests.
(5) Within 30 days of completing the removal or trimming of one or more western Joshua trees in accordance with a permit
issued pursuant to this section, the property owner shall submit, by mail or email, photographs of the site at which the western Joshua trees were
each western Joshua tree was removed or trimmed pursuant to the permit.
(b) The department may enter into an agreement with any county or city to delegate to the county or city the ability to authorize the removal or trimming of dead western Joshua trees or the trimming of live western Joshua trees, a western Joshua tree provided that the county or city ensures that all permits issued satisfy the requirements of subdivision (a). The county or city shall be required to submit to the department quarterly reports documenting the number of permits issued, the number and size class of western Joshua trees authorized to be removed or trimmed, and any other information specified in the agreement with the department. A
county or city entering into an agreement pursuant to this subdivision may impose a reasonable fee to cover the administrative costs of issuing the permit.
(c) (1) The department retains express authority to suspend or revoke an agreement with any county or city to delegate to the county or city the ability to authorize the removal or trimming of dead western Joshua trees or the trimming of live western Joshua trees a western Joshua tree in the event the department determines the county or city has violated the terms of the agreement or this chapter, the county or city fails to implement or enforce the terms of the agreement or this chapter, or the local population of western Joshua trees within, or in the vicinity of, that county or
city needs further protection. A county or city that has entered into an agreement with the department shall conduct an annual assessment of the status of the local population of western Joshua trees within the county or city and submit the assessment to the department. The department shall determine if the population needs further protection to provide for the conservation of the species.
(2) The department shall adopt standardized survey and assessment methods for the annual assessment required pursuant to paragraph (1), including requiring that a desert native plant specialist conduct the assessment. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to the development, adoption, or amendment of standardized survey and assessment methods pursuant to this paragraph.
This chapter does not apply to a project or activity located within a parcel that contains, or will contain, a single-family residence that meets all of the following criteria:
(a)(1)The parcel has been continuously owned by the same person on or before July 10, 2023.
(2)For the purpose of this subdivision, “continuously owned by the same person” shall include all subsequent owners that obtained the property by gift or inheritance and no consideration was provided for transfer of ownership of the parcel.
(b)The parcel owner complies with applicable local ordinances regarding western Joshua trees as those local
ordinances read on July 10, 2023.
