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A research and extension unit of the

College of Agriculture and Life Sciences

Do I Have Critical Habitat on My Land?

Guide for Landowners Home

As river corridors in Arizona can be important sanctuaries for wildlife, there are lands along the Gila River that have been designated as “critical habitat.” Critical habitats are lands designated by the Endangered Species Act (ESA) as essential to the survival of federally listed threatened and endangered species.

Federal agencies are required to avoid ‘destruction’ or ‘adverse modification’ of these critical habitats when implementing federally funded and permitted activities. If no federal support or authorization is involved in the activities or land modifications that you want to conduct on your private land, critical habitat designations will not impact your ability to proceed.

However, critical habitat designation may indicate that a species protected by the ESA may reside on your property. If this is the case, any land modification, which adversely affects the listed species could qualify as a “take” of that species. In order to avoid liability for the accidental take of a listed species, an “Incidental Take Permit” (ITP), which authorizes the taking of a species incidental to otherwise lawful activity (such as real estate development), should be obtained from U.S. Fish and Wildlife Service (USFWS) prior to project initiation.

The ESA also provides a second type of permit, which facilitates development of lands subject to ESA regulations. The Enhancement of Survival Permit (ESP) allows landowners to implement proactive conservation measures today, in exchange for guaranteed allowances of future development.

USFWS Critical Habitat Factsheet

USFWS map of critical habitat in the Upper Gila River watershed

To see a complete list of all the threatened and endangered species in your area, check out the websites below:

Graham Co

Greenlee Co

 

Additional Information

About the Upper Gila River

Contact List

Acronyms

Key Regulations Impacting Land & Water Use

County Zoning

Do I Have an Easement on My Property?

Who Owns the Gila Riverbed?

Do I Have Critical Habitat on My Land?

Maintaining a Gila River Friendly Property

Glossary

 

Jump to your Question

Hunt and Fish

Limit Access to My Land (prevent dumping, ATV use)

Put Up or Take Down Fencing

Harvest Rainwater (in cisterns or barrels)

Farm

Clean an Irrigation Canal or Drainage Ditch

Perform Maintenance on Canal Structures

Burn Brush

Plant Trees, Cut Down Trees, or Change Vegetation Type

Stop a Fire in or around the River Channel

Build Structures

Sell a Piece of Land

Collect/Sell Archaeological Resources Found on Land

Drill a Well

Build Dikes & Dams

Change a Point of Diversion

Dig a Pond or Other Water Holding Structure

Graze Cattle or Other Livestock

Stop Using My Water Allocation and Not Lose It

Develop or Sell My Resources

Use Water Out of the Gila River

Modify, Clear, or Stabilize the River Channel

Sell or Lease a Water Right

 

We tackle key water policy and management issues, empower informed decision-making, and enrich understanding through engagement, education, and applied research.

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