Local homeowners and agencies in Phelan and Piñon Hills are running into confusion over what they’re allowed to do with Joshua Trees on their property, as the state continues working out the final rules for a new law meant to protect the iconic desert plant.
The Western Joshua Tree Conservation Act became law in July 2023. It makes it illegal to remove, move, or damage a Joshua Tree without getting permission from the California Department of Fish and Wildlife. But since the full rules haven’t been finalized yet, many people say the current process is hard to follow.
Permits are available for certain kinds of projects, such as building a house or public facilities, but they come with specific conditions. In many cases, property owners also have to pay a fee based on the size and location of the tree. The money goes into a fund used to protect Joshua Tree habitat in other parts of the state.
Because Joshua Trees grow all over the High Desert, these rules affect many local projects. One example is the Phelan Piñon Hills Community Services District, which is looking at how to handle the many Joshua Trees on a 14-acre property planned for park improvements. Some trees may be left in place, others might be moved, and some could possibly be removed—but the district has to follow the state rules before moving forward.
The state may allow cities or counties to help with the permitting process, but so far, San Bernardino County hasn’t been given that authority. That means most property owners have to work directly with the state to get answers or apply for permits.
Right now, Joshua Trees are listed as a “candidate species” under California’s endangered species law. That means they are treated like a protected species while the state decides whether to give them full protection. A final decision is expected at a state commission meeting later this month.
Until then, state wildlife officials say anyone planning to build, dig, or do major landscaping in areas with Joshua Trees should contact the Department of Fish and Wildlife or San Bernardino County Land Use Services first. Removing a Joshua Tree without the proper permit can lead to fines.
More information, including how to start the permit process, is available on the Fish and Wildlife website.
