Early in the planning process of a saltcedar management project, a conscientious effort has to be made to obtain the right permits from agencies that have jurisdiction over the proposed project. Although each State is different, there are several commonalties to the permit process. These relate to potential impacts, particularly on environmental quality. Most permits pertain equally to private and public land, regardless of ownership. It is beneficial if saltcedar is listed as a noxious plant in your state, (we were told that it was not listed in Utah, for example). If you are going to purchase and use a herbicide, you may need a license, certificate, or permit. In California, the County Agricultural Commissioner is the place to go for information on pesticide use. In other states, this is a State Government function. Some areas may need entry permits if they are designated wilderness or protected habitats. It would be a good idea to visit the local jurisdiction (e.g. county or city) to see if they have any permit requirements or can be helpful in other ways. Burning permits are issued by Air Quality Management Districts in counties in California, but local fire departments should also know what you are doing. The Departments of Forestry in each state and Resource Conservation Districts should also be contacted.
In most cases, saltcedar is going to be found in riparian areas; along rivers, streams, or at waterholes and springs. The California Department of Fish and Game requires a 1600 permit if your project will "substantially divert or obstruct the natural flow or substantially change the bed, channel, or bank of any river, stream, or lake designated by the department, ... except when the department has been notified pursuant to Section 1601." The 1600 permit, in order to be issued, will require an EIR or negative declaration; a copy of fish, wildlife, or habitat mitigation plans for the project; detailed map showing project location in detail; plans showing the proposed modification of the site; and copies of local, city, county, or other permit conditions. Also required are copies of Army Corps of Engineers 404 permit, copies of Section 10a permit and conditions from US Fish and Wildlife Service for take of endangered and threatened species. Photos, especially aerial, of the site would be very helpful. The following paper discusses the 404 permit and the role of the Army Corps of Engineers in enforcing the Federal Clean Water Act.
Even though the objective of a saltcedar control project is to make improvements in the local environment, there are potential negative consequences if a project is not properly designed or carried out. The permit process can actually help you accomplish your goals with the least amount of problems and legal hassle. The regulatory climate in California has changed considerably in the last 3 years, the permitting agencies have become cooperative on projects for control of invasive exotic weeds. Remember, contact agencies early in the planning process.
Continue on to the paper on Invasive Weed Control and the need for Section 404 Clean Water Act Permits or return to the Workshop Table of Contents
Conference proceedings hosted by the National Invasive Species Information Center