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HB 2577

STATE GOVERNMENT-TECH

104th Regular Session Introduced by Marcus Evans

The bill exempts the state forester and wildfire operations from native-plant protections, speeding prevention, management, and suppression of wildfires on state and private lands.

Referred to Rules Committee
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Bill Summary · HB 2577

Summary — HB 2577 (State of Arizona, 2025)

Title: Native plants; fire prevention; exemption
Statutes amended: A.R.S. §§ 3-905, 3-915, 37-1303
Introduced: Feb 7, 2025 (Reps. Griffin, Lopez) — Approved by Governor Apr 18, 2025; filed Apr 21, 2025 (Chapter 84)

Purpose / Intent

The bill clarifies and expands the Arizona State Forester’s authority to prevent, manage and suppress wildfires by creating explicit statutory exemptions from native-plant protection requirements when those actions are necessary for wildfire operations. The intent is to remove procedural barriers and speed operational response for wildfire prevention and suppression activities.

Key provisions and changes

  • A.R.S. § 3-905 (Destruction of protected plants by state)

    • Adds an exception to the 60-day notice (and related procedural) requirement for removal/destruction of protected native plants on state land when “the state forester determines is necessary for the Arizona Department of Forestry and Fire Management to prevent, manage or suppress wildfires pursuant to § 37-1303.”
    • Keeps existing emergency exception and existing salvage/permit framework and fee exemptions for state agencies.

  • A.R.S. § 3-915 (Exemptions)

    • Adds an explicit exemption: the chapter governing protected native plants does not apply to “the prevention, management or suppression of wildfires by the Arizona Department of Forestry and Fire Management pursuant to § 37-1303.”

  • A.R.S. § 37-1303 (Powers/duties of state forester)

    • Reinforces the state forester’s authority to prevent, manage, and suppress wildfires on state and private lands (including cooperative work in/out of state, Mexico, Canada).
    • Clarifies cooperation authorities (prevention/suppression, emergency assistance, federal acts).
    • Confirms authority to enter private lands to perform duties and to use private landowners’ equipment and personnel for fires on/adjacent to their property.
    • Adds a clear statutory exemption: “The state forester is exempt from the provisions of Title 3, Chapter 7 relating to protected native plants in this state for the prevention, management or suppression of wildfires.”
    • Reiterates that within wildfire management areas the state forester/incident commander is not responsible for the safety/actions of private contractors providing protection for private property.

Who is affected

  • Arizona Department of Forestry and Fire Management and the State Forester — gain statutory exemptions and streamlined authority for wildfire operations.
  • Other state agencies — procedural notice requirements for plant removal remain except when State Forester determines wildfire necessity.
  • Private landowners — may see DFFM actions and entry onto private lands and potential use of their equipment/personnel during nearby fires.
  • Conservation groups and native-plant stakeholders — protections for some protected plants can be bypassed for wildfire-related actions; salvage rules still apply but statutory exemptions are broader.
  • Contractors and private entities engaged in wildfire protection — clarified liability and role in wildfire management areas.

Procedural / timeline notes

  • Introduced Feb 7, 2025; enacted as Chapter 84 with Governor’s approval Apr 18, 2025 and filed Apr 21, 2025.
  • Amends three statutory sections to prioritize wildfire prevention/response over certain procedural protections for native plants when the State Forester makes the necessary determination.

Compiled from official sources — confirm details with the bill’s official record.

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