In California, a western Joshua tree on your lot cannot be removed, trimmed or moved without a permit from the California Department of Fish and Wildlife (CDFW), and most removals carry a per-tree fee. In Arizona, the Joshua tree is a protected native plant: you generally must notify the Arizona Department of Agriculture 20 to 60 days before clearing it, and you need a state permit and tags to dig it up or haul it away. City and county rules can add a second layer on both sides of the river.
This overview is current as of November 2026. It is not legal advice, so confirm your parcel's rules with the agencies linked below.
Which Joshua tree grows on High Desert and Mohave County land?
The U.S. Geological Survey maps two species: the western Joshua tree (Yucca brevifolia) and the eastern Joshua tree (Yucca jaegeriana).
The U.S. Fish and Wildlife Service places the western species in California and Nevada, and the eastern species in California, Arizona, Nevada and Utah. So High Desert trees fall under California's western Joshua tree rules. Trees in northwest Arizona, such as those on Grapevine Mesa near Meadview, are eastern Joshua trees under Arizona law. In that March 2023 finding, the agency also decided neither species needed federal listing.
What is the western Joshua tree's legal status in California?
The Fish and Game Commission made the tree a candidate under the California Endangered Species Act in fall 2020. In June 2022 it could not reach a decision on listing it as threatened.
The Western Joshua Tree Conservation Act, signed July 10, 2023, lets the Commission delay a final decision until CDFW's updated status review, due by January 1, 2033. At the Commission's August 2026 review, it remained a candidate.
The Commission approved the Western Joshua Tree Conservation Plan on August 13, 2025. Its measures are recommendations, not new legal rules, per the CDFW FAQ.
What can't you do without a California permit?
Fish and Game Code § 1927.2 bars importing, exporting, taking, possessing, buying or selling a western Joshua tree, or any part of one, unless the state authorizes it.
San Bernardino County's February 2026 quick reference guide says you need CDFW approval to:
- Remove, trim, relocate or transplant a tree, living or dead.
- Disturb ground within about 50 feet of a tree. That includes a home, garage, pool, fence, driveway, solar array or septic system.
Each stem rising from the ground counts as its own tree for fees, per CDFW.
What California permits are available?
CDFW lists the options on its permits page:
- Hazard Management Permit (free). For dead trees and for safety trimming when a tree or limb has fallen within 30 feet of a structure, is leaning on one, or poses an imminent threat. It cannot authorize removing a living tree. The FAQ cites statutory timelines of 10 days for imminent threats and 30 days otherwise.
- Incidental take permit under the Act. For building and other projects. You submit a tree inventory with sizes, photos and a map, and pay CDFW's invoiced fee before issuance. There is no statutory deadline; CDFW says it processes these "as expeditiously as possible."
- CESA incidental take permit. Available while the tree is a candidate.
Under § 1927.3, paying the per-tree fee into the state conservation fund can stand in for other mitigation. The reduced fee area is bounded by Highways 99, 58, 15, 247, 18 and 138 and Interstate 5. Projects outside it, or within two miles of Joshua Tree National Park or a state park, pay the standard fee. Victorville's 2023 fact sheet shows the line crossing that city along Palmdale Road, D Street and I-15. Check CDFW's fee map for your parcel.
What are the California fees per tree?
These are the per-tree fees posted by CDFW and its October 23, 2026 bulletin, as of November 2026:
| Tree height | Standard fee area | Reduced fee area | AB 1808 qualifying work |
|---|---|---|---|
| 5 meters or taller | $2,609.00 | $1,043.50 | $250.00 |
| 1 to under 5 meters | $521.75 | $208.75 | $50.00 |
| Under 1 meter | $354.75 | $156.50 | $37.50 |
CDFW adjusts fees yearly; you pay the schedule in effect on payment day.
AB 1808 took effect right away under an urgency clause. It covers owner-occupants of existing single-family homes removing up to 10 trees, or trimming, within 30 feet of the house or 15 feet of an accessory structure. New home construction does not qualify. CDFW is still building the application process.
AB 1663 lets an owner's agent sign hazard permit applications from January 1, 2027. SB 1062 moved CDFW's fee-update deadline to June 30, 2027.
What are the penalties in California?
In a 2021 case, before the Act passed, the San Bernardino County District Attorney said each illegally taken Joshua tree is a misdemeanor carrying up to $4,100 in fines and assessments, up to six months in jail, or both. Two landowners who buried 36 trees agreed to pay $9,000 each.
What do local High Desert rules add?
- Unincorporated San Bernardino County. Chapter 88.01 lists all Joshua trees as regulated desert plants. Trees slated for removal must be transplanted or stockpiled where possible. Removals outside a development permit use the county's removal permit. This covers land in places like Lucerne Valley.
- Apple Valley. Chapter 9.76 requires Town approval to disturb, move or remove any Joshua tree. Large, older trees must stay in place unless removal is approved.
- Hesperia. Chapter 16.24 requires a permit for all Joshua trees, mature or not. Our Silverwood update traces one project's state permits; see also the Hesperia guide.
How does Arizona protect Joshua trees?
Arizona's protected plant list, Appendix A (effective February 2, 2025), puts most Yucca species, including Joshua trees by genus, in the "salvage restricted" group.
Before destroying protected plants on private land, A.R.S. 3-904 requires notice to the Arizona Department of Agriculture:
- Under 1 acre: 20 days (oral notice allowed).
- 1 acre to under 40 acres: 30 days, in writing.
- 40 acres or more: 60 days, in writing.
You cannot start until the department confirms receipt and the waiting period ends, per R3-3-1102. Individually owned residential lots of 10 acres or less where initial construction is done are exempt, as are normal mining, farming and ranching.
To dig up, move or sell a Joshua tree, you need a permit plus a tag and seal for each plant. The Arizona Department of Agriculture lists the fees: $7 for a one-time permit, $6 per tag and $0.15 per seal. Mohave County lists no county permit and refers owners to the state. Violations range from misdemeanors to felonies under A.R.S. 3-932.
California vs. Arizona at a glance
| California (western Joshua tree) | Arizona (eastern Joshua tree) | |
|---|---|---|
| Protection | Candidate under CESA since 2020; WJTCA (2023) governs take | Salvage-restricted native plant (rules eff. Feb. 2, 2025) |
| Who issues permits | CDFW, Region 6 for San Bernardino County | Arizona Department of Agriculture |
| Fees | $156.50 to $2,609 per tree; $37.50 to $250 under AB 1808 (Nov. 2026) | $7 permit, $6 tag, $0.15 seal per plant |
| Notes | Local review in county, Apple Valley, Hesperia | 20/30/60-day notice before clearing; Mohave County defers to state |
What about federal land?
In Park Service areas, 36 CFR 2.1 bars digging up or disturbing plants. On BLM, state trust or Forest Service land in Arizona, Mohave County says you also need the managing agency's written approval.
What should buyers and builders do?
- Survey before you close. Get a Joshua tree count with sizes, photos and GPS points during escrow; CDFW needs that inventory anyway.
- Map the buffers. Sketch planned improvements against a roughly 50-foot buffer around each tree.
- Budget fees and time. Multiply tree counts by the fee table; California take permits have no set deadline.
- Plan for relocation. CDFW prefers on-site moves and may require relocation for projects over 10 acres or 75 trees. In Arizona, your clearing notice says whether you will allow salvage.
- Read Arizona's other land checks in our Mohave County land guide and Golden Valley guide.
How Pleasant Hill can help
We can help you raise tree questions before you offer on land. Search homes and land, request a free home valuation, or contact us. Talk with Nancy Navarro in Hesperia or Lana Stephens in Kingman.
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Frequently asked questions
Can I cut down a Joshua tree on my own property in California?
Not without state approval. Under the Western Joshua Tree Conservation Act, removing, trimming or relocating a western Joshua tree needs a permit from the California Department of Fish and Wildlife, and the town, city or county may have its own review on top of that.
How much does it cost to remove a western Joshua tree?
As of November 2026, CDFW's incidental take permit fee is $2,609 per tree 5 meters or taller in the standard fee area, and $1,043.50 in the reduced fee area. Smaller trees cost less, and a 2026 law (AB 1808) set lower fees for qualifying work around existing single-family homes. Fees are due before the permit is issued.
Do I need a permit to remove a dead Joshua tree in California?
Yes. CDFW issues a free Hazard Management Permit for dead trees and for safety trimming, such as a tree or limb that fell within 30 feet of a structure or leans on one. Removing a dead tree as part of a building project generally goes through the incidental take permit instead.
Do I have to notify anyone before clearing Joshua trees on my land in Arizona?
Usually yes. Arizona law requires a landowner to notify the Arizona Department of Agriculture 20, 30 or 60 days before destroying protected native plants, depending on whether the area is under 1 acre, 1 to 40 acres, or 40 acres or more. Residential lots of 10 acres or less where initial construction is done are exempt.
Can I dig up a Joshua tree from BLM land or a national park?
No, not without written permission from the agency that manages the land. Removing or disturbing plants in National Park Service areas is prohibited by federal rule, and in Arizona the state native plant permit is also required.
Sources
- Western Joshua Tree Conservation - CDFW (accessed November 2, 2026)
- WJT Permits and Agreements - CDFW (accessed November 2, 2026)
- WJTCA Incidental Take Permits - CDFW (accessed November 2, 2026)
- Western Joshua Tree FAQ - CDFW (accessed November 2, 2026)
- Western Joshua Tree Conservation Plan - CDFW (accessed November 2, 2026)
- Governor Newsom Signs Three Bills to Amend the WJTCA - CDFW bulletin (Oct. 23, 2026) (accessed November 2, 2026)
- Fish and Game Commission staff summary, Item 19, August 12-13, 2026 (accessed November 2, 2026)
- Fish and Game Code section 1927.2 (FindLaw) (accessed November 2, 2026)
- Fish and Game Code section 1927.3 (FindLaw) (accessed November 2, 2026)
- Western Joshua Tree Quick Reference Guide (Feb. 2026) - San Bernardino County Land Use Services (accessed November 2, 2026)
- Tree (Plant) Removal Permit - San Bernardino County (accessed November 2, 2026)
- San Bernardino County Development Code Chapter 88.01 (GoCodebook) (accessed November 2, 2026)
- Town of Apple Valley Development Code Chapter 9.76 (GoCodebook) (accessed November 2, 2026)
- City of Hesperia Chapter 16.24 Article II, Desert Native Plant Protection (GoCodebook) (accessed November 2, 2026)
- Western Joshua Tree Conservation Act fact sheet (July 19, 2023) - City of Victorville (accessed November 2, 2026)
- Joshua tree removal case (June 2021) - San Bernardino County District Attorney (accessed November 2, 2026)
- Second review finds Joshua trees do not require ESA protection (Mar. 8, 2023) - USFWS (accessed November 2, 2026)
- Distribution data and habitat models for Joshua trees - USGS (accessed November 2, 2026)
- Lake Mead: Joshua trees and creosote bush, Grapevine Mesa - USGS (accessed November 2, 2026)
- A.R.S. 3-904, destruction of protected plants by private landowners - Arizona Legislature (accessed November 2, 2026)
- A.R.S. 3-932, violations - Arizona Legislature (accessed November 2, 2026)
- Ariz. Admin. Code R3-3 Appendix A, Protected Native Plants by Category (eff. 2/2/2025) - Cornell LII (accessed November 2, 2026)
- Ariz. Admin. Code R3-3-1102, destruction by a private landowner - Cornell LII (accessed November 2, 2026)
- Ariz. Admin. Code R3-3-1106, fees - Cornell LII (accessed November 2, 2026)
- Native Plants - Arizona Department of Agriculture (accessed November 2, 2026)
- Native Plant Protection Information - Mohave County Development Services (accessed November 2, 2026)
- 36 CFR 2.1, preservation of natural resources - eCFR (accessed November 2, 2026)
General information, not legal, tax or lending advice. Rules, fees and rates change; confirm with the agency linked above or ask us. Pleasant Hill Real Estate Group · CA DRE Corp. #01997374 · AZ Entity Lic. #LC694532000 · Equal Housing Opportunity.
