Western Joshua Tree

The WJTCA (Senate Bill 122) was passed by the California Legislature on June 27, 2023. The bill went into effect immediately upon signing by Governor Newsom on July 10, 2023.

• WJTCA directs CDFW to establish a permitting program that will, for the first time ever, streamline the permit process by giving an individual or business an option to pay a standard mitigation fee while also avoiding and minimizing negative impacts to WJT landscapes.
• Mitigation fees collected through the permitting program will be held in the Western Joshua Tree Conservation Fund and will be used to acquire, conserve, and manage WJT habitat and complete other actions to conserve WJT.
• A conservation plan setting forth the management actions necessary to conserve the WJT will also be developed and implemented with input from government agencies, California Native American tribes, and the public.

The WJTCA is effective indefinitely, unless amended by the Legislature. However, if the Fish and Game Commission (FGC) elects to list the WJT as endangered or threatened under the California Endangered Species Act (CESA), the WJTCA will become inoperative.

The WJTCA applies to all WJTs in California. Areas with large numbers of WJTs are primarily located in Inyo, San Bernardino, Kern, Los Angeles, Riverside, and Mono counties.

The WJTCA authorizes CDFW to issue two types of take permits under certain circumstances:

• WJTCA Hazard Management Permits, which provide authorization to remove or trim dead trees or trim live trees that pose a risk to structures or public health and safety. No permit fees or mitigation is required for these permits.
• WJTCA Incidental take permits, which provide authorization for take in association with renewable energy, housing, public works, and other projects. The WJTCA incidental take permit is streamlined through the option for an individual or business to choose to pay a standard mitigation fee rather than complete mitigation actions. 

Additionally, CESA Incidental Take Permits continue to be available while WJT remains a candidate species under CESA. The WJTCA retains the option for any person or public agency to obtain a CESA Incidental Take Permit from CDFW for WJT under the terms of CESA. Importantly, the decision for type of permit is left to the choice of the individual or business. 

Natural Community Conservation Planning (NCCP) Act Authorization – Upon the approval of an NCCP that provides for the conservation of the WJT as a covered species, the NCCP will serve as the sole basis to authorize the take of a WJT for any project or activity covered by the plan.

WJTCA Hazard Management Permits will be available to remove dead trees or trim live trees under limited circumstances relating to the proximity of WJTs to existing structures or WJTs posing a potential imminent threat to public health or safety. The WJTCA requires CDFW to process these permits within 30 days of receipt for trees that have fallen over and are within 30 feet of a structure or are leaning against an existing structure, and within 10 days of receipt for trees that create an imminent threat to public health and safety. Information regarding WJTCA Hazard Management Permits, including the permit application, as well as further instructions and updates will be available on this page soon. Updates will also be shared through the Conservation Updates email list. Sign up to receive updates by clicking the subscribe button on this page.

It depends on the permitting pathway you choose. Like providing the individual or business the choice of traditional mitigation or paying an in-lieu fee, a person or business may elect to work at the state/regional staff level with CDFW, or at the local city or county level.

• If obtaining your permit through CDFW, there is no limit to the number of trees you can remove so long as you meet the WJTCA permitting requirements (including avoidance, minimization, and mitigation). Your permit will outline the specific activities and footprint authorized for your project.
• The WJTCA allows CDFW to enter into agreements with cities and counties to delegate to those local jurisdictions the ability to authorize the taking of WJT associated with developing single-family residences, multifamily residences, accessory structures, and public works projects. CDFW is beginning coordination with local jurisdictions to enter into these types of agreements. As this process may take some time, immediate permit needs will likely be handled primarily by CDFW. Please check with your local jurisdiction to see if this option is available to you. Under this option, the following limits will apply:
  1. No more than 10 individual WJTs may be taken for a single-family residence, multifamily residence, or accessory structure project.
  2. No more than 40 individual WJTs may be taken for a public works project. Authorization for take of more than 20 individual WJTs under this option will require CDFW concurrence that the project has avoided and minimized take to the maximum extent practicable.

In-lieu fees streamline the approach to permitting and will allow permittees to satisfy mitigation obligations by paying a set amount for the take of each individual WJT, based on the tree’s height and location. All in-lieu fees collected under the WJTCA will be deposited into the Western Joshua Tree Conservation Fund to be used to address threats to the WJT, including through the acquisition, conservation, and management of WJT conservation lands.

 Map illustrating in-lieu fee structure

Yes. The species will retain its candidate status until the Commission formally votes to list WJT as endangered or threatened under CESA, or to deny the pending listing petition. However, important state law options now exist pursuant to the WJTCA.

While the WJT is a candidate species, WJT take permitting options are available under the WJTCA, CESA, and the NCCP Act. If the Commission later determines that listing the WJT as endangered or threatened pursuant to CESA is warranted, the WJTCA will become inoperative and the authorization of take of a WJT will only be allowed under CESA or pursuant to the NCCP Act. However, regardless of CESA status, the WJT Conservation Plan will continue to guide conservation of this species, CDFW will remain committed to co-management of the species with California Native American tribes, and the WJT Conservation Funds will be used for acquisition, restoration, and other conservation actions for the benefit of WJT.

Yes. On April 21, 2022, CDFW submitted a WJT status review report to the Commission evaluating whether listing the species as endangered or threatened under CESA would be warranted. Under the WJTCA, CDFW must prepare and submit an updated status review to the Commission by January 1, 2033, unless the Commission directs CDFW to complete it sooner.

Importantly, for that future update, the WJTCA requires CDFW to incorporate any new scientific information and include an evaluation of the impact of any conservation and management efforts. This means implementation of the unique attributes of the WJTCA approach such as in-lieu fee, delegation of local authority, permitting streamlining, and landscape conservation will all be factored into any future management decisions by the FGC.

The WJTCA effectively creates an implementation period for everyone to work together to conserve the tree, implement the conservation plan, and illustrate the efficiencies of the streamlined, unique permitting mechanisms like in-lieu fees and local government delegation.

CDFW will provide annual conservation status reports to the Commission and the Legislature that include information regarding the number of permits issued, the extent of take authorized, the amount of fees collected, and the conservation actions taken under the WJTCA. CDFW is also required to develop a WJT conservation plan in a public process in collaboration with the Commission, governmental agencies, California Native American tribes, and the public.

The WJTCA lays out a timeline of milestones related to oversight and accountability. See Summary of the WJTCA (PDF).

The WJTCA continues the existing prohibition on importation, export, take, possession, purchase, or sale of any WJT in California unless authorized by CDFW. You can report any violations of the WJTCA through the CalTIP Program.

Sign up to receive updates by clicking the subscribe button above. We will also be updating this WJT website frequently as we implement the WJTCA.