Governor Newsom Signs Three Bills to Amend the Western Joshua Tree Conservation Act
At the end of September 2026, Governor Newsom signed three Western Joshua Tree Conservation Act (WJTCA) amendment bills: Assembly Bill (AB) 1663, Senate Bill (SB) 1062, and AB 1808. Please see below for a summary of each bill and next steps.
AB 1663
The California Department of Fish and Wildlife (CDFW) will have the authority to authorize the purchase and sale of western Joshua tree (WJT) for conservation and recovery purposes. In addition, beginning January 1, 2027, an agent (e.g. renter, contractor, family member, etc.), on behalf of a property owner, may fill out and sign the western Joshua tree hazard management permit (HMP) application and a signed attestation in an HMP to verify a WJT is dead will no longer be required. No other sections of the HMP application have changed. CDFW authorization is still needed for the removal of dead WJTs or WJT limbs, the trimming of living WJTs, or any other take of WJT. Please visit the HMP resources page to view current permit requirements.
Complete AB 1663 text
SB 1062
SB 1062 changes the upcoming mitigation fee adjustment process. The adoption date for the mitigation fee adjustment rulemaking has been extended from December 31, 2026, to June 30, 2027. SB 1062 further provides that CDFW “shall consider making the fees proportionate to the impact of a project and the use of tiered fees by project type, size, or other criteria.” More information and public meetings regarding the mitigation fee adjustments will be announced in the coming months.
Complete SB 1062 text
AB 1808
AB 1808 makes significant changes to the WJTCA. First, AB 1808 established two project types:
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Work by owner/occupants of existing single-family residences. Established a lower mitigation fee for the owner/occupant to remove no more than 10 WJTs, or trim WJTs, within 30 feet of an existing single-family residence, within 15 feet of an existing accessory structure, or within the construction footprint plus 15 feet of a new accessory structure for an existing single-family residence.
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Repair, rehabilitation, replacement, or maintenance of an existing public works project. Established a lower mitigation fee for the removal of no more than 40 WJTs, or the trimming of WJTs, within the construction footprint plus 15 feet of a public works project to repair, rehabilitate, replace, or maintain an existing structure.
New construction of a single-family residence or new public works projects do not qualify for this new lower mitigation fee. CDFW is currently developing application materials for use by the projects receiving these new fees. Before any tree work can occur, an application, photos, census, and other documents will need to be submitted, reviewed, and approved by CDFW to receive a permit with these new mitigation fees.
The new mitigation fee structure for each WJT taken appears in Table 1. These fees are only applicable to projects that meet the above criteria. Projects that do not meet the criteria may be subject to current WJT standard mitigation fees (Table 2) or reduced WJT mitigation fees (Table 3).
Table 1. New AB 1808 Mitigation Fees
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Tree Size Class
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Mitigation Fee
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5 meters or greater
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$250.00
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Greater than one meter but less than five meters
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$50.00
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Under 1 meter
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$37.50
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Table 2. Current Standard WJT Mitigation Fees
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Tree Size Class
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Mitigation Fee
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5 meters or greater
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$2,609.00
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Greater than one meter but less than five meters
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$521.75
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Under 1 meter
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$354.75
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Table 3. Current Reduced WJT Mitigation Fees
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Tree Size Class
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Mitigation Fee
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5 meters or greater
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$1,043.50
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Greater than one meter but less than five meters
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$208.75
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Under 1 meter
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$156.50
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Under delegation agreements, a city or county may now issue a mitigation fee-free permit for the projects that meet the criteria described in AB 1808 except for trees that qualify for removal or trimming under an HMP. HMPs are the only mitigation fee-free permit CDFW has the authority to issue.
AB 1808 also adds commercial and industrial projects to the types of projects that can receive WJT take authorization from a city that enters into a delegation agreement with CDFW. Currently, no cities or counties have opted to enter into a delegation agreement with CDFW.
To further streamline permitting for existing single-family residences, AB 1808 also provides an exemption from the California Environmental Quality Act (CEQA) for existing single-family residence projects that meet the project qualifications above until CDFW certifies the (PEIR) that is currently in development, or until January 1, 2032. AB 1808 included an urgency clause and is currently in effect.
Complete AB 1808 text
Next Steps
CDFW is currently developing documents and processes to implement these changes to the WJTCA and will provide information to the public as soon as possible. Please sign up to receive WJT updates if you would like to be notified of any new information released or future public meetings to discuss these changes.
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