A development project can be exciting for both developers and private landowners. This undertaking can involve extensive steps to help keep the project on track and compliant with regulatory laws. Planning can be vital even before kicking off any work onsite, including clearing existing plants.
No matter how extensive, any project can become subject to Arizona’s native plant law, which protects specific species of plants for their rarity and innate value to the local ecosystem. Failing to consider these regulations can have legal repercussions. Under state law, the following could be unlawful:
- Destroying or damaging protected plants before development, including native desert trees and other flora
- Failing to have a permit for qualified species taken from their natural habitat and placed on the premises for landscaping purposes
- Lacking a notice with the Department of Agriculture before conducting work that may involve the removal of protected plants
Additionally, Arizona has specific timelines for organizing the paperwork when eliminating protected plant species is necessary to begin development. The requirements could also vary based on the land’s size.
Exceptions may exist depending on the circumstances. If clearing happens because of sanctioned practices in the area, such as mining, farming and raising livestock, it may not have legal consequences.
Complying with all relevant state regulations
Many regulations can take effect for large-scale development projects based solely on significance. The legal risks could be higher if the plan includes diverse features for residents and enterprises. In these instances, experienced counsel can be helpful, allowing involved parties to cover all regulatory concerns. It might not guarantee that the rest of the process will go smoothly, but legal insight could help address issues stemming from complex factors involving the land.