Request a Permit
Protecting New Mexico’s Rare Plants
Currently, 46 species of native plants are designated as state endangered, 15 of which are also listed as either federally endangered or threatened by the US Department of the Interior, Fish and Wildlife Service. More than 200 additional plant species are also considered to be of conservation concern according to the New Mexico Rare Plant Conservation Strategy.
Section 75-6-1 NMSA 1978 gives the Energy, Minerals and Natural Resources Department’s (EMNRD) Forestry Division statutory authority to maintain and update the list of state endangered plant species. It also gives the department the authority to protect species of plants determined to be endangered by prohibiting the taking, possession, transportation, exportation from this state, processing, sale or offer for sale or shipment within this state of such species. Any person who violates the provisions of this subsection or any regulations issued pursuant to this subsection is guilty of a misdemeanor and upon conviction shall be fined not less than three hundred dollars ($300) nor more than one thousand dollars ($1,000) or be imprisoned for a term of not more than one hundred twenty days or both.
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
The State Forester may issue permits authorizing the “take” or possession of these species under certain circumstances, such as for scientific, propagation, or collection of voucher specimens, or otherwise lawful activities if the take is incidental and certain conditions are met. Permit issuance is discretionary and based on the assessment of all relevant information.
“Take” means to remove, harm, kill, destroy, possess, transport, export, sell, or offer for sale any of the plants, or parts thereof, listed in 19.21.2.9 NMAC, from the places in the state of New Mexico where they naturally grow including federally owned land, private land, state owned land, or land owned by political subdivisions of the state.
An exception has been made for incidental removal, harm, killing, or destruction resulting from agricultural practices (as defined in 19.21.2.7(A) NMAC) or tribal members use for religious purposes, activities on tribal trust lands, restricted fee lands, or individual trust allotments. The state does not have jurisdiction over trust or restricted fee lands.
Do I Need a Permit?
It is recommended that prior to any ground disturbing activity (tree thinning or logging, mining, road widening or creation, new building construction, new energy projects, to name a few), project planners should review the area for the potential presence of state endangered plant species. While not mandatory, a botanical survey conducted by a person or private consulting company with expertise in the field of botany, plant taxonomy, and biological conservation during the time of year when it is possible to identify any listed plants (usually when plants are in flower and fruit) is recommended.
The web-based New Mexico Environmental Review Tool (NMERT) can also assist in identifying the potential for rare species. The NMERT is an interactive online tool to inform conservation planning and allows registered users to submit proposed project areas for review of potential impacts to a subset of species of wildlife protected under New Mexico state statute and Species of Greatest Conservation Need in New Mexico and their habitats. In addition, it provides a list of rare and endangered plants that potentially occur within auto-generated buffers around proposed project boundaries. Additionally, requesting data from Natural Heritage New Mexico may also provide this information.
If endangered plants are identified and avoidance is not possible, then an Incidental Take Permit (see below) will be required. If you have questions regarding the permit process, we recommend consulting with our staff first on minizing impacts or mitigation measures prior to submitting a permit, as there is no appeals process if the permit is denied.
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.
Permit Types
- Permit for Scientific Study (pdf)
- Permit for Voucher Specimen Collection (pdf)
- Permit for Propagation (pdf)
- Permit for an Incidental Take (pdf)
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 recieved, the permit application will be reviewed, and additional information may be requested. You will be notified by email when your application is received.
- 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, scope of project, etc. Please plan accordingly.
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