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Request a Permit
Protecting New Mexico’s Rare Plants
New Mexico currently lists 46 native plant species as state endangered, 16 of which are also federally listed under the Endangered Species Act. More than 200 additional plant species are identified as Rare Plants or Species of Conservation Concern.
Under Section 75-6-1 NMSA 1978, EMNRD’s Forestry Division is responsible for maintaining the list of state endangered plant species and administering New Mexico’s Endangered Plant Act. The Act prohibits the unauthorized take, possession, transport, sale, or export of listed species. Violations may result in criminal penalties under state law.
The State Forester may issue permits authorizing the take or possession of listed species for scientific research, propagation, voucher specimen collection, incidental take associated with otherwise lawful activities, and other authorized purposes. Permit issuance is discretionary and based on the evaluation of all relevant information.
“Take” includes removing, harming, killing, destroying, possessing, transporting, exporting, selling, or offering for sale any listed state endangered plant, or parts thereof, from locations where it naturally occurs in New Mexico including federal and state owned land, as well as on private lands.
Exceptions apply to certain agricultural practices (as defined in 19.21.2.7(A) NMAC) and for activities conducted by tribal members for religious purposes on tribal trust lands, restricted fee lands, or individual trust allotments.
Mancos Milkvetch (Astragalus humillimus)
For permit application questions contact:
Erika Rowe – State Botanist
Phone: 505-699-6371
erika.rowe@emnrd.nm.gov
1220 S. St. Francis Drive
Santa Fe, New Mexico 87505
Download a Permit Application:
- Permit for Scientific Study (pdf)
- Permit for Voucher Specimen Collection (pdf)
- Permit for Propagation (pdf)
- Permit for an Incidental Take (pdf)
Do I Need a Permit?
Before beginning ground-disturbing activities—such as timber harvest, mining, road construction, building construction, or energy development—project proponents should evaluate whether state endangered plants may occur within the project area. Although not required, EMNRD strongly recommends a botanical survey conducted by a qualified botanist during the appropriate season to determine whether listed species are present.
The New Mexico Environmental Review Tool (NMERT) is an interactive online mapping application that helps identify the potential occurrence of rare wildlife and state endangered plants within a proposed project area. Additional occurrence data may also be requested from Natural Heritage New Mexico.
If state endangered plants cannot be avoided, an Incidental Take Permit may be required. We encourage applicants to consult with program staff early to discuss avoidance, minimizing impacts, and mitigation measures before submitting an application. Permit decisions are discretionary and are not subject to appeal.
Some New Mexico state endangered plants are also protected under the federal Endangered Species Act. If federally listed species may be affected, applicants should also consult the U.S. Fish and Wildlife Service, as federal authorization may be required.
How To Determine Whether a Permit Is Required
The phrase “listed plants” below refers to all state endangered plant species.
Private Lands
- Initiating a land or vegetation-disturbing project or disturb/destroy listed plants on private property, excluding certain agricultural activities
NM incidental take permit needed?…Maybe
If listed lants are known to exist in the area of disturbance and activities will unavoidably impact or harm plants (result in take), the landowner needs to apply for an incidental take permit. See ERT for information on whether there is potential for rare plants to occur within your project area.
- Grow/cultivate/propagate listed plants, or parts thereof
NM propagation permit needed?…YES
Provided the propagation/cultivation is in conjunction with a scientific study or a propagation activity that is for the purpose of enhancing the survival of the species, then a scientific study or propagation permit is needed. Otherwise growing or propagating listed plants is a prohibited activity.
- Transport listed plant materials?
NM scientific study, voucher or propagation permit needed?…YES
If transporting listed plants or materials is in conjunction with a scientific study or a propagation activity that is for the purpose of enhancing the survival of the species, then a scientific study/voucher or propagation permit is needed. Otherwise transporting listed plants, or parts thereof, is a prohibited activity.
- Transplant listed plant materials?
NM incidental take permit needed?…YES
Transplanting listed plants, whether from public to private property or within private ownership, requires an incidental take permit, otherwise it’s a prohibited activity.
- Collect listed plants on your private property
NM scientific study/voucher permit needed?…YES
Depends on activity which type of permit is needed.
- Collect listed plants on public property
NM scientific study/voucher or propagation permit needed?…YES
If collecting listed plants is in combination with a scientific study or a propagation activity that is for the purpose of enhancing the survival of the species, then a scientific/voucher or propagation permit is needed.
Non-Federal Public Land (state lands, DOT, county, city, school, airport, etc.)
- Initiate a land or vegetation-disturbing project, disturb listed plant habitat or disturb/destroy listed plants on non-federal public land
NM incidental take permit needed?…YES
If listed plants are known to exist in the area of disturbance and activities will unavoidably impact or harm the plants or their habitat (result in take), the agency or land administrator must apply for an incidental take permit. See ERT for information on whether there is potential for rare plants that occur within your area.
The Commissioner of State Lands has the authority to require an analysis of environmental impacts but not all Commissioners make this choice. Applying for an incidental take permit would only affect State Trust Land activities and if the plant were known and harm was unavoidable, then the agency or lessees, could apply for an incidental take permit.
- Take or collect listed plants, or parts thereof, on non-federal public land
NM scientific study, voucher or propagation permit needed?…YES
Provided the activity is in conjunction with a scientific study or propagation to enhance species survival, then a scientific study or voucher specimen permit is required.
- Sell or trade non-federal public property containing or having potential to contain listed plants or their habitat
NM listed plant PERMIT needed? NO
- Grow/cultivate/propagate listed plants
NM propagation permit needed?…YES
If growing, cultivating or propagating listed plants or materials is in conjunction with a scientific study or a propagation activity that is for the purpose of enhancing the survival of the species, then a scientific study or propagation permit is required. Otherwise growing, cultivating or propagating listed plants are prohibited activities.
- Transport listed plant material
NM listed plant PERMIT needed?…YES
If transporting listed plants or materials is in combination with a scientific study or a propagation activity that is for the purpose of enhancing the survival of the species, then a scientific study/voucher or propagation permit is needed. Otherwise transporting listed plants, or parts thereof, is a prohibited activity.
- Transplant listed plants on non-federal public property
NM scientific study, voucher permit or incidental take permit needed?…YES
If collecting listed plants is in combination with a scientific study or a propagation activity that is for the purpose of enhancing the survival of the species, then a scientific, propagation or voucher permit is needed. Otherwise transplanting listed plants, or parts thereof, is a prohibited activity or shall be covered under an incidental take permit.
Researcher
- Disturb/take/collect listed plants or materials on non-federal public land
NM scientific study or voucher specimen permit needed?…YES
As well as permission from the landowner.
- Disturb/take/collect listed plants or materials on federal public land
NM scientific study or voucher specimen permit needed?…YES
As well as permission from the federal land management agency.
- Grow/cultivate/propagate listed plants
NM propagation needed permit needed?…YES
Provided the activity enhances survival of the species, and all conditions are met.
- Transport listed plant material?
NM scientific study, voucher specimen, or propagation permit needed?…YES
If transporting listed plants or materials is in combination with a scientific study or a propagation activity that is for the purpose of enhancing the survival of the species, then a scientific study/ voucher ir propagation permit is needed. Otherwise transporting listed plants, or parts thereof, is a prohibited activity
Commercial Grower, Plant Nursery, or Greenhouse Facility (public or private)
- Collect listed plants, or parts thereof, from public property
NM scientific study, voucher or propagation permit needed?…YES
Provided collecting listed plants or materials is in conjunction with a scientific study or a propagation activity that is for the purpose of enhancing the survival of the species, then a scientific study or propagation permit is needed as well as permission from the landowner. Otherwise collecting listed plants, or parts thereof, for sale or export is a prohibited activity.
- Collect listed plants, or parts thereof, from private property
NM scientific study, voucher or propagation permit needed?…YES
Provided collecting listed plants or materials is in conjunction with a scientific study or a propagation activity that is for the purpose of enhancing the survival of the species, then a scientific study or propagation permit is needed and permission from the private landowner. Otherwise collecting listed plants, or parts thereof, for sale or export is a prohibited activity.
- Transport listed plant material
NM scientific study, voucher or propagation permit needed?…YES
If transporting plants or materials is in combination with a scientific study or a propagation activity that is for the purpose of enhancing the survival of the species, then a scientific study, propagation or voucher permit is needed. Otherwise transporting listed plants, or parts thereof, is a prohibited activity.
- Grow/cultivate/propagate listed plants
NM propagation plant permit needed?…YES
Provided the growing, cultivating or propagating of listed plants or materials is in conjunction with a scientific study or a propagation activity that is for the purpose of enhancing the survival of the species, then a scientific study or propagation permit is required. Otherwise growing listed plants for selling or exporting is a prohibited activity.
- Sell listed plants…
NM listed plant permit needed?
The possession of listed plants or plant materials for purposes of taking, transportation, export from the state, processing, sale or offer for sale or shipment within this state are all prohibited activities, thus no permits will be issued for these activities.
Federal Land
- Initiate a land or vegetation-disturbing project, disturb listed plant habitat or disturb/destroy listed plants on federal public land
NM incidental take permit needed?…Maybe
If plants are known to exist in the area of disturbance and activities will unavoidably impact or harm (result in take) listed plants, the agency must apply for an incidental take permit. See ERT for potentially listed species in your disturbance area.
An analysis of impacts of a proposed action on a sensitive species is already required under the National Environmental Policy Act (NEPA) or by federal agency policy. However, the incidental take permit now requires a Federal Agency, or the permittee who is conducting an activity on federal land, to explain how their action will affect survival of the species, provide a reason why they cannot avoid destroying plants, show that it won’t affect survival of the species in the wild, and establish mitigation measures.
- Take or collect listed plants, or parts thereof, on federal land
NM listed plant PERMIT needed?…NO
A state permit to take endangered plants or materials such as seeds for scientific study or propagation is not required for federal employees working within lands of their jurisdiction.
- Take or collect listed plants, or parts thereof, on non-federal public land
NM scientific study or voucher permit needed?…YES
Provided the activity is in conjunction with a scientific study or propagation to enhance species survival, then a scientific/voucher specimen permit is required.
- Grow/cultivate/propagate listed plants on lands outside of jurisdiction?
NM propagation permit needed?…YES
If growing, cultivating or propagating listed plants or materials is in conjunction with a scientific study or a propagation activity that is for the purpose of enhancing the survival of the species, then a scientific study or propagation permit is required. Otherwise growing, cultivating or propagating listed plants are prohibited activities.
- Transport listed plant material on roads outside federal jurisdiction
NM scientific study or propagation permit needed?…YES
If transporting listed plants or materials is in combination with a scientific study or a propagation activity that is for the purpose of enhancing the survival of the species, then a scientific study or propagation permit is needed. Otherwise transporting listed plants, or parts thereof, is a prohibited activity.
- Transplant listed plants on federal public property
NM scientific study, voucher permit or an incidental take permit needed?…YES
If collecting listed plants is in combination with a scientific study or a propagation activity that is for the purpose of enhancing the survival of the species, then a scientific/voucher or propagation permit is needed. Otherwise moving and transplanting listed plants, or parts thereof, is a prohibited activity and is covered under an incidental take permit.
Tribal Lands
- Disturb/take/collect listed plants or materials on tribal lands
NM scientific study or voucher specimen permit needed?…NO
An exception has been made for the removal, harm, killing, destruction, possession or transport of endangered plants by tribal members (Indian nation, tribe or pueblo) for religious purposes or otherwise on tribal trust or restricted fee land or individual trust allotments.
- Grow/cultivate/propagate listed plants
NM propagation needed permit needed?…NO
A state permit to take endangered plants for scientific study or propagation is not required for activities on tribal trust or restricted fee lands, or individual trust allotments by tribal members.
Application Process
Complete the permit application and submit to the State Botanist contact listed within each permit. You will be notified by email when your application is received.
- Once the application has been recieved, you will recieve a confirmation email. Soon thereafter, we will begin review and additional information may be requested.
- Once the State Botanist has reviewed a Scientific Study, Voucher Collection, Propagation, or Incidental Take Permit application, the state forester will then approve, deny, or approve with conditions.
- If the state forester denies an application or issues a permit with conditions, the state forester shall provide the reasons for the denial or conditions in writing.
- Time to review each application is dependent on many factors, such as application type, time of year (field season), scope of project, etc. Please plan accordingly – it may take up to 30 days to process.
Permit Term, Renewals, Transfers, and Amendment Process
The permit term shall be for the scope of the activity or five years, whichever is less. If the activity is not completed within five years, the permittee must apply for a new permit. The scope of the activity does not include subsequent maintenance, repair, or replacement, which are considered separate activities and may require a separate permit or permit amendment.
A permittee shall also submit a written application to the state forester to request an amendment to a permit. The application shall describe the amendment requested and explain why the amendment is needed.
Additionally, a permittee may not transfer an incidental take permit without the state forester’s written approval.
RESOURCES
- Rare plant List
- NM Rules Section 75-6-1 NMSA 1978 State Endangered Species Regulations
- NM Heritage Rare plants web page
- EMNRD reports
- Listed plants by county
- NM Environmental Review Tool