Title 3 — Agriculture
17 chapters · 734 sections in this title.
A.R.S. § 3-901 Definitions
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1. "Associate director" means the associate director of the division. 2. "Division" means the environmental services division of the Arizona department of agriculture. 3. "State agency" means any agency or political subdivision of the state. 4. "State land" includes land owned by…
A.R.S. § 3-902 Administration and enforcement
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The director shall administer and oversee the enforcement of this chapter.
A.R.S. § 3-903 Protected group of plants; botanical names govern; categories of protected plants; power to add or remove plants; annual hearing
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A. The protected group of native plants shall include, and protected native plants shall be, any plant or part of a plant, except, unless otherwise specifically included, its seeds or fruit, which is growing wild on state land or public land or on privately owned land without bei…
A.R.S. § 3-904 Destruction of protected plants by private landowners; notice; exception
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A. This chapter does not prevent the destruction of protected native plants or clearing of land or cleaning or removing protected native plants by the owner of the land or the owner's agent if: 1. The land is in private ownership. 2. The protected native plants are not transporte…
A.R.S. § 3-905 Destruction of protected plants by state
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A. Except in an emergency or as the state forester determines is necessary for the Arizona department of forestry and fire management to prevent, manage or suppress wildfires pursuant to section 37-1303, if a state agency proposes to remove or destroy protected native plants over…
A.R.S. § 3-906 Collection and salvage of protected plants; procedures, permits, tags and seals; duration; exception
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A. Except as provided in this chapter a person shall not take, transport or possess any protected native plant taken from the original growing site in this state without possessing a valid permit issued by the division. The division shall issue permits in either a name or busines…
A.R.S. § 3-907 Cutting or removal of harvest restricted plants for their by-products, fiber or wood; procedures; exceptions
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A. The division shall provide harvest or wood permits, and wood receipts with each wood permit, authorizing the taking, transporting or possessing of harvest restricted native plants cut or removed for manufacturing or processing purposes, for their by-products, fiber or wood. It…
A.R.S. § 3-908 Prohibited acts; use of permits, tags, seals and receipts
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A. Except as provided in this chapter, it is unlawful for a person to destroy, dig up, mutilate, collect, cut, harvest or take any living highly safeguarded native plant or the living parts of any highly safeguarded native plant, including seeds or fruit, or any other living prot…
A.R.S. § 3-909 Shipment of plants; exhibition of permit and certificate of inspection to carrier; sale of highly safeguarded plants
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A. No person or common carrier may transport a plant, or any part of a plant, belonging to the protected group, nor receive or possess a protected native plant for transportation within or without this state, except for manufactured wood articles, unless the person offering the p…
A.R.S. § 3-910 Compiling information; reports; native plant surveys; investigations; technical advisory board
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A. At the request of any person, including a state or federal agency, and if the person provides the department with a suitable description of the land in question, the director may enter into agreements with any such person to conduct native plant surveys on the applicable priva…
A.R.S. § 3-911 Conservation and public education
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A. The department may conserve the highly safeguarded native plants including the use, and encouraging the use, of all methods and procedures that are necessary to bring the highly safeguarded native plants to the point where they are no longer in need of federal protection as en…
A.R.S. § 3-912 Rules; additional notice requirements
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A. The director shall adopt rules to enforce this chapter pursuant to title 41, chapter 6. B. In addition to the notice requirements prescribed in title 41, chapter 6, at least thirty days before any hearing at which a new rule or a change in a rule will be considered the departm…
A.R.S. § 3-913 Fiscal provisions; fees; Arizona protected native plant trust fund
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A. The department shall collect nonrefundable fees for issuing permits, tags, seals and receipts under this article, except for scientific purposes, from landowners moving protected plants from one of their properties to another, or from the independent owner of residential prope…
A.R.S. § 3-914 Board of supervisors; power to preserve plants
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The board of supervisors of each county is authorized to adopt and enforce ordinances not in conflict with law for the preservation of protected groups of plants.
A.R.S. § 3-915 Exemptions
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This chapter does not apply to: 1. Existing canals, laterals, ditches, electrical transmission and distribution facilities, rights-of-way and other facilities, structures or equipment owned, operated, used or otherwise possessed by public service corporations and special district…
A.R.S. § 3-916 Salvage of native plants by homeowners' association or other nonprofit organization; definition
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A. A homeowners’ association or any other community based nonprofit organization may collect and salvage native plants under this section without obtaining a permit, tag, seal or receipt or paying a fee otherwise required by this chapter. Native plants may be obtained under this …
A.R.S. § 3-931 Enforcement powers and procedures
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A. An employee, officer or agent of the department may enter in or on any premises or other place, train, vehicle or other means of transportation within or entering this state, if he has reason to believe there is present or on such premises or means of transportation a protecte…
A.R.S. § 3-932 Violation; classification; penalties
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A. A person commits theft of protected native plants if, without the express consent of the landowner, the person knowingly removes or destroys any protected native plants from private or state land. Theft of protected native plants with a value of: 1. One thousand five hundred d…
A.R.S. § 3-933 Violation; civil penalty
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A. The knowing violation of this chapter or a rule, order or ordinance issued or adopted under this chapter is punishable by a civil penalty in an amount of not more than five thousand dollars. B. The director may bring an action in superior court in the county in which a violati…
A.R.S. § 3-934 Injunction; violation; civil penalty
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A. The department's legal counsel, on request of a private party or the director, or the county attorney of the county in which a violation of this chapter or any rule or order issued or adopted under section 3-912 or 3-914 is alleged to have occurred may bring an action in the c…