MORONGO BASIN — Warning that homeowners could face tens of thousands of dollars in fees for doing any work close to a western Joshua tree, officials are asking locals to take part in a Zoom meeting with the state Monday, March 10.
California Department of Fish and Wildlife staff will host the meeting to go over planned rules on development around western Joshua trees. They will also take public comments, which could effect some changes in the Western Joshua Tree Conservation Plan.
There will be two sessions of the meeting, with the same staff presentation and then time for public comments in each. They will be held 10 a.m. to 1 p.m. and 3 to 6 p.m. Monday, March 10. Register at https://content.govdelivery.com/accounts/CNRA/bulletins/3d450e4.
Town Council and Hi-Desert Water District officials encourage people in the Morongo Basin to attend if possible to share their thoughts on the impacts of fees proposed by the state.
Fees would kick in for work near trees
In its current form, the plan requires property owners and agencies to pay mitigation fees when removing western Joshua trees or doing trenching or other work near one of the protected trees.
“This could be devastating for our community,” Town Council member Jim Schooler warned at a March 4 meeting.
“I would encourage everybody to take part in the workshops before we get in really deep in this.”
Property owners who need to replace a broken water line or hook up to the sewer system would be charged tens of thousands of dollars in mitigation fees under the current plan, Deputy Town Manager Shane warned.
The town paid consultants to get some examples of what property owners in phase two of the sewer project would have to pay in mitigation fees to connect to the sewer, as they are required to do by another state agency — the Regional Water Quality Control Board.
In the Storey Park neighborhood south of Yucca Valley High School, he showed a property with a few Joshua trees in the yard. They would have to pay an estimated $46,000 in mitigation fees to connect to the sewer — or just to repair a water line or septic tank, he said.
“That doesn’t include the cost of the actual work.”
Another property in phase two would face $62,000 in mitigation fees because it has more trees, Stueckle said.
The protected zone around a tree depends on how tall and mature it is, where it is and what the proposed work around it is. Generally, the zone is 186 feet from the base of a mature, reproductive tree, 50 feet from the base of a tree that is a meter or more in height, and 25 feet from a tree shorter than a meter.
Sewer system would cost millions more
Hi-Desert Water District would have to pay roughly $17 million to $18 million in western Joshua tree permits to construct phase two of the sewer system, General Manager Tony Culver said March 5.
Culver said state Fish and Wildlife staff provided him with an invoice for what the project would cost under the draft plan.
To lay about 2.5 miles of sewer pipe in the country club area alone — the smallest section of phase two — the state would charge around $1.1 million in mitigation fees, he said. That’s based on a count of 1,597 trees within 25 feet of the street.
“But we’re working with them,” Culver added.
The state may allow HDWD to get permits through the California Endangered Species Act instead. The cost would be roughly half, but the process would take much longer, and Hi-Desert Water District needs to start work on phase two. It’s facing a deadline with the state water board, and has already signed contracts with engineering and construction firms.
Culver said expects to meet with Chuck Bonham, director of the Department of Fish and Wildlife, on March 17.
“Chuck Bonham did say he will help us, so we hope he will and we can get started on this project,” Culver said.
“We want to do as much pipe as we can. We want to get as many people as we can hooked up.”
Commission must act on conservation plan by June
The rules and fees for western Joshua trees are part of a conservation plan drafted by Fish and Wildlife staff as required by a 2023 state law, the Western Joshua Tree Conservation Act.
Fish and Wildlife commissioners must vote on the conservation plan by June 30, under the 2023 law. They must then review it next year and every two years afterward.
One of the major elements is the definition of a “take.” Under other state conservation laws, a “take” is the act of removing or killing a protected species. Developers must get take permits for construction expected to kill kangaroo rats, for example. Western Joshua trees have the same protections as candidate species for endangered status.
But the Western Joshua Tree Conservation Act defines a “take” as any ground-disturbing activity around a tree.
“You don’t have to touch the tree, you don’t have to move the tree, you don’t have to kill the tree. That ground-disturbing activity is classified as a take,” Stueckle explained.
The plan states a person must apply for a take permit to remove, trim, relocate or work within a certain buffer of one or more western Joshua trees.
You also must get a permit to remove or trim dead western Joshua trees or detached limbs. The state may waive the fee if the dead trees or limbs have fallen over and are within 30 feet of a structure or “create an imminent threat to public health or safety.”
For a copy of the draft plan, visit https://wildlife.ca.gov/Conservation/Environmental-Review/WJT/Conservation-Plan.