A.

Purpose. The Town finds that it is in the public interest to preserve and protect specified desert native plants and provide for the conservation and wise use of our desert resources, through regulation, guidelines and enforcement that manage the removal or harvesting of such plants. They are also necessary to augment and coordinate with the State Department of Food and Agriculture in its efforts to implement and enforce the Desert Native Plant Act.

B.

Scope

1.

The provisions of this Chapter shall apply to all regulated desert native plants growing on private land within the Town of Apple Valley and to desert native plants growing on public land owned by the County of San Bernardino or the state of California, except as specified by this Chapter and as specified by this Section.

2.

Except as otherwise provided by this Chapter, any person who willfully removes, or harvests or transplants a living desert native plant shall first obtain approval from the Town to do so in accordance with the procedures set forth in this Chapter.

C.

Transplanting of Desert Native Plants

1.

The commercial harvesting of desert native plants shall be prohibited. The Town Manager, or designee, shall be responsible for the issuance of the appropriate permits required by the State for the transplanting of desert native plants.

a.

Protected desert native plants as specified by subsection 9.76.020.E may only be removed by a scientific or educational institution which has obtained a permit from the Town Manager, or designee, for a specified number and species of these plants.

b.

Written permission must be obtained from and signed by the owner of the property on which the plants are located. A copy of the document granting such permission shall be submitted to the Town Manager, or designee, prior to issuance of the permit.

D.

Findings for Transplanting of Desert Native Plants. The Town Manager, or designee, or other Reviewing Authority, shall only authorize the transplanting of desert native plants listed in subsection 9.76.020.E subject to the provisions of this Chapter only if one or more of the following findings are made:

1.

The desert native plants are to be transplanted in a manner approved by the Town Manager, or designee, or other Reviewing Authority, including any requirement for the issuance of plant tag seals and/or wood receipts.

2.

The desert native plant is to be transplanted to another property within the same plant habitat under the supervision of a Desert Native Plant Expert and the removal of such plant will not adversely affect the desert environment on the subject site.

3.

Any desert native plant on the site which is determined by the Town Manager, or designee, or other Reviewing Authority, as requiring transplanting has or will be transplanted or stockpiled for transplanting in accordance with methods approved by Town Manager, or designee. A Desert Native Plant Expert shall supervise and manage any required transplanting of desert native plants.

E.

Subject Desert Native Plants. The following desert native plants are subject to the regulations specified by this Chapter. In all cases the Botanical names shall govern the interpretation of this Chapter.

1.

Regulated Desert Native Plants. The following desert native plants or any part thereof except the fruit, shall not be harvested or removed except under a permit issued by the Town Manager, or designee:

a.

The following desert native plants with stems two inches or greater in diameter or six feet or greater in height:

1)

Dalea, Spinosa (smoketree).

2)

All species of the family Agavaceae (century plants, nolinas, yuccas, cacti). Including the following known to Apple Valley:

a)

Mohave Yucca (Yucca schidigera)

b)

Lords candle (Yucca whipplei)

c)

Barrel cactus (Ferocactus acanthodes)

3)

All species of the genus Prosopis (mesquites).

b.

Creosote Rings, ten feet or greater in diameter.

c.

All Joshua trees (mature and immature), subject to the provision of Section 9.76.040.

2.

All plants protected or regulated by the State Desert Native Plant Act (i.e., Food and Agricultural Code 80001, et. seq.) shall be required to comply with the provisions of those statutes prior to the issuance of any county development permit or land use application approval. The Town Manager, or designee, is responsible for the issuance of any required wood tags, seals or permits.

F.

Enforcement. In addition to the enforcement provisions and penalties prescribed in this Chapter of the Code and/or the State Food and Agricultural Code, Division 23, Chapter 7, the following shall apply:

1.

Upon conviction of a violation of this Chapter, all Desert Native Plant Harvesting permits issued to the person convicted shall be revoked and the permittee shall be required to surrender any unused tags and seals to the Town Manager, or designee, and no new or additional permits shall be issued to the permittee for a period of one year from the date of conviction.

2.

Upon the second conviction, all permits issued to the person convicted shall be revoked and the permittee shall be required to surrender any unused tags and seals, or no additional permits shall be issued to the permittee at any time in the future from the date of such second conviction.

3.

The Town Reviewing Authority may revoke any permit issued if the permittee willfully fails to comply with all of the conditions or stipulations of the permit.

4.

Each permit authorizing the possessing of desert native plants or live or dead mesquite, palo verde, or ironwood species of trees which are removed for wood shall be accompanied by a sufficient number of tags and seals or wood receipt. Such tags, seals or wood receipts shall be issued, transported, and may be transferred to other parties in accordance with the California Desert Native Plant Act, as amended.

G.

Definitions. Terms and phrases used within this Section shall be defined by the Food and Agricultural Code.