3-904

3-904. Destruction of protected plants by
private landowners; notice; exception

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 transported from the land or offered for
sale.

3. The owner or the owner's agent notifies the department pursuant to this section
of the intended destruction at least:

(a) Twenty days before the plants are destroyed over an area of less than one acre.

(b) Thirty days before the plants are destroyed over an area of one acre or more
but less than forty acres.

4. The protected plants are destroyed within one year of the date of destruction
disclosed in the notice given the department in paragraph 3 of this subsection.

B. The notice under subsection A, paragraph 3, subdivision (a) may be oral or
written. The notice under subsection A, paragraph 3, subdivisions (b) and (c) must be in
writing. The notice under subsection A, paragraph 3, whether written or oral, shall
include:

1. The name and address of the owner of the land and, if the owner is not a
resident of this state, the name and address of the owner's agent in this state to be
contacted regarding the destruction or salvage of the native plants.

2. The earliest date that destruction of the protected native plants will begin.

3. A general description of the area in which the protected native plants will be
destroyed.

4. Whether the owner intends to allow salvage of the plants to be destroyed.

C. The director by rule shall:

1. Prescribe the form and content of the notice that shall be adequate and comply
with subsection B and shall provide landowners with copies of the notice on request.

2. Provide for an alternative procedure in cases in which the landowner is not
required to notify the department in writing. The alternative procedure shall include:

(a) Oral notification by the landowners to the department.

(b) Preparation by the department of a written notice form. The department shall
transmit a confirming copy to the landowner, and the owner may not begin destruction of
protected native plants until the owner receives the written confirmation and the time
prescribed under subsection A, paragraph 3 has elapsed.

D. The written notice form, whether completed by the landowner or the department,
shall include the following notice in bold-faced type:

Notice: Consent of the landowner is required before entering any lands
described in this notice.

E. Within five working days after receiving the notice required under this section
the department shall post a copy of the notice in a conspicuous location in the public
area of the division office that administers the department activities in the county
where the land is located on which the native plants are to be destroyed. The division
shall also mail a copy of the notice to any salvage operator or interested party that has
requested notice of such activities occurring during the current calendar year. The
director by rule may establish and the associate director shall collect a reasonable fee
from those receiving copies of the notice to cover the cost of providing this notice.

F. If the department receives a notice of intended destruction under subsection A,
paragraph 3 and subsequently receives a complete and correct application for a salvage
permit executed by the owner of the land or the owner's agent for any highly safeguarded
or salvage restricted native plants intended to be destroyed under the notice, the
department shall facilitate the prompt salvage of the plants by issuing a permit, and any
associated tags and seals, within four working days.

G. The notice requirements of subsection A, paragraph 3 do not apply to the
destruction of native plants that occurs in the normal course of mining, commercial
farming and stock raising operations.

H. This section does not apply to the destruction of protected native plants on
individually owned residential property of ten acres or less where initial construction
has already occurred.