RAPID/Roadmap/12-AZ-a
Arizona Biological Resource Assessment (12-AZ-a)
Biological Resource Assessment Process
12-AZ-a.1–Identify Native Plants on Potential Project Site
The developer must identify potential protected native plants on their project site. The developer can hire a private third party to identify any protected plants as prescribed in Ariz. Admin. Code § 3-3-Appendix A, or a developer may request the Arizona Department of Agriculture conduct a native plant survey. Ariz. Admin. Code § R3-3-1106. All native plants protected under Arizona state law are found in Ariz. Admin. Code § 3-3-Appendix A.
12-AZ-a.2–Intent to Clear Land Application
The developer who wishes to clear the site of native plants must provide the Arizona Department of Agriculture with the Arizona Department of Agriculture – Application for Notice of Intent to Clear Land by submitting the following information:
- Name, address, and telephone number of the landowner's agent, if applicable;
- Valid documentation indicating land ownership, including but not limited to a parcel identification number, tax assessment or deed;
- 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;
- Earliest date of plant destruction; and
- Landowner intent for the disposal or salvage of protected native plants on the land.
Ariz. Admin. Code § R3-3-1102.
The developer cannot destroy a protected plant until they receive written confirmation from the AZDA. The notice requirement is dependent on the size of the land;
- Twenty days before the plans are destroyed for an area less than an acre.
- Thirty days before the plants are destroyed for an area greater than an acre but less than forty acres.
- Sixty days before the plants are destroyed for an area greater than 40 acres.
Arizona Department of Agriculture – Application for Notice of Intent to Clear Land
12-AZ-a.3 to 12-AZ-a.4–Review Application for Completeness
The Arizona Department of Agriculture must review the application for technical and administrative completeness.
12-AZ-a.5 to 12-AZ-a.6–Review Application for Approval
The Arizona Department of Agriculture must review the Application for approval. The AZDA may deny the application.
12-AZ-a.7–Intent to Clear Land Permit
The developer, after identification of any possible protected native plants and approval by the Arizona Department of Agriculture, can clear the property by destroying the plants. Ariz. Rev. Stat. §3-904.
12-AZ-a.8–Appeal (Optional)
A developer may make a written request to the Arizona Department of Agriculture to provide an administrative hearing to appeal a denial. Arizona Administrative Code. R3-3-1110.
Agencies
Contact Information
Suggest a contact using the Feedback button above.Suggest edits using the Feedback button above.
Regulations