California Bill Aims to Ease Joshua Tree Rules for Desert Homeowners and Tribes

Sep 9, 2026 | News

AB 1663 has cleared the California Legislature without a single opposing vote and now awaits action from Gov. Gavin Newsom.

A proposed change to California’s Western Joshua Tree Conservation Act could make it easier for homeowners and tribal communities to navigate regulations surrounding the iconic desert tree while leaving the state’s broader conservation protections in place.

Assembly Bill 1663 has been sent to Gov. Gavin Newsom after receiving unanimous bipartisan approval in both chambers of the California Legislature. The measure passed the Senate 40-0 and the Assembly 77-0, according to State Sen. Suzette Martinez Valladares, whose 23rd Senate District includes communities throughout the Victor Valley, Antelope Valley and Santa Clarita Valley.

Authored by Assemblymember Greg Wallis, AB 1663 focuses on two areas where supporters say the existing law has created unnecessary obstacles: cultural uses of western Joshua trees by tribes and the process homeowners must follow when dealing with hazardous trees on their property.

Changes Could Make Hazard Tree Removal Easier for Homeowners

The Western Joshua Tree Conservation Act established a statewide permitting and conservation framework for the species in 2023. Under the law, activities involving western Joshua trees—including removing or otherwise taking a tree—generally require authorization from the California Department of Fish and Wildlife.

Property owners may also encounter mitigation fees when a Joshua tree must be moved or removed. Depending on factors such as the tree’s size and whether it is living or dead, those fees can range from roughly $150 to $2,600 per tree.

Supporters of AB 1663 argue that the current process can be particularly burdensome when a homeowner isn’t clearing property for a major development but instead needs to address a tree that presents a hazard.

The proposed amendment would streamline that process, distinguishing these situations from larger commercial development projects that can involve substantially different impacts.

Bill Would Address Tribal Cultural Uses

AB 1663 would also provide the California Department of Fish and Wildlife with additional flexibility when working with tribes on cultural uses involving western Joshua trees.

Valladares, who presented the measure on the Senate floor on Wallis’ behalf, characterized the legislation as a way to address practical problems with the existing law without eliminating protections for the species.

The senator said tribal communities and homeowners have faced unnecessary bureaucracy under the current system and argued that the proposed changes offer relief while maintaining western Joshua tree conservation requirements.

With no lawmakers voting against the legislation in either chamber, the bill now needs the governor’s signature to become law.

Joshua Tree Regulations Have Been a Major Issue in the High Desert

The future of western Joshua tree protections has generated considerable discussion throughout desert communities for years, particularly as local governments consider housing, infrastructure and economic development.

Officials and communities including Apple Valley, Victorville and Yucca Valley previously opposed efforts to list the western Joshua tree as threatened under the California Endangered Species Act.

Critics of additional restrictions have argued that the species already benefits from significant protections and that excessive regulation could create additional costs and obstacles for private property owners and future development.

The Joshua Tree Gateway Association of Realtors has similarly pointed to the large amount of Joshua tree habitat already protected within Joshua Tree National Park and the Mojave National Preserve, citing more than 2.34 million acres between the two areas.

Former San Bernardino County Supervisor Robert Lovingood also encouraged residents in 2020 to submit opposition letters to the California Fish and Game Commission regarding the proposed threatened-species listing.

These debates eventually contributed to a broader discussion over how California could conserve western Joshua trees while recognizing the realities of living and building in desert communities.

How the Current Conservation Act Works

California enacted the Western Joshua Tree Conservation Act in July 2023, establishing specific rules for managing and conserving the species.

The law restricts activities including taking, possessing, purchasing, selling, importing or exporting western Joshua trees without authorization from the California Department of Fish and Wildlife.

CDFW can issue permits allowing the incidental take of western Joshua trees when applicants satisfy required conditions. In some situations, applicants can pay established mitigation fees rather than completing separate mitigation activities.

The law also contains provisions allowing permits for certain activities involving dead trees and for trimming living trees under qualifying circumstances.

AB 1663 would modify portions of that framework rather than eliminate it.

One Step Away From Changes for Desert Communities

For High Desert residents, the significance of AB 1663 lies in the effort to find a workable balance between environmental conservation and the everyday realities of living among western Joshua trees.

The legislation would maintain protections for a species closely associated with California’s desert landscape while attempting to reduce regulatory complications for homeowners dealing with hazardous trees and tribes seeking cultural uses.

After passing both houses of the Legislature unanimously, the decision now rests with Gov. Newsom.

If signed, AB 1663 would represent the latest adjustment to how California approaches western Joshua tree conservation, and could provide some regulatory relief for the desert communities most directly affected by those rules.

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