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Committee backs bill exempting Department of Forestry and Fire Management from native plant notification rules for wildfire work

2578651 · March 11, 2025

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Summary

House Bill 25‑77 exempts the Department of Forestry and Fire Management (DFFM) from a 60‑day notice requirement under Arizona’s native‑plant law when the state forester determines removal of native plants on state land exceeding one‑fourth acre is necessary to prevent or suppress wildfire; the bill passed amid concerns about a blanket exemption.

House Bill 25‑77 would exempt the Arizona Department of Forestry and Fire Management (DFFM) from the statute that requires state agencies to notify the Department of Agriculture in writing at least 60 days before removing or destroying protected native plants on state land exceeding one‑fourth acre, when the state forester determines the work is necessary to prevent, manage, or suppress wildfires.

Dante Mitchell, state forester and director of DFFM, told the committee the department’s preventative fuels reduction and wildfire mitigation work aims to reach a goal of treating 40,000 acres a year by FY 2026 and that the current notification requirement meaningfully slows that work. Mitchell said the department has purchased native seed and trees to restore sites and that invasive species removal (for example, tamarisk/saltcedar) is a common fuels‑reduction practice; removing invasive fuels sometimes risks incidental damage to non‑endangered native seedlings mixed in the understory.

Committee members expressed support for DFFM’s wildfire work but several voiced concerns about a blanket exemption. Senator Sundarish and others asked whether a narrower amendment — for example, limited to emergency suppression or to clearly defined fuels‑reduction activities with notification after the fact — could preserve local environmental protections and public oversight while allowing the department to operate more effectively.

Mitchell said federal protections (such as the Endangered Species Act) would still apply and that the exemption would not affect removal of threatened or endangered species. He also described investments in native seed and revegetation to restore treated areas.

The committee adopted the bill and forwarded it with a due‑pass recommendation (vote recorded as 7 ayes, 1 nay). Several members said they supported the goal but remain open to narrowly tailored amendments to balance wildfire mitigation and native‑plant protections.

Why it matters: The bill seeks to expedite fuels‑reduction and wildfire mitigation work by reducing procedural delays for DFFM, but it raises questions about environmental oversight and protections for native and rare plants during large‑scale vegetation treatments.

What’s next: If the bill advances, stakeholders including the Department of Agriculture and environmental advocates may seek amendments to limit or clarify the exemption’s scope and to ensure protections for species subject to federal endangered‑species laws.