Yavapai County, AZ Animal Ordinances: Bird Protection (2026)
Key Facts
- Governing section
- Section 608(D)(4)(e), Solar Facilities
- Study radius
- 5 miles of project boundary
- Wildlife agency consulted
- Arizona Game and Fish Department
- Override mechanism
- Board of Supervisors waiver only
Summary
Yavapai County's Solar Facilities ordinance, Section 608(D)(4)(e), forces commercial solar projects to leave Audubon-designated Important Bird Areas undisturbed within the project site unless the Board of Supervisors grants a waiver.
e. Restricted Locations: The following locations within the Project Area must remain in an undisturbed condition unless a waiver is granted as described in subsection D.4. ... (2) Locations that conflict with or have potential significant negative impacts on Special Status Species and their habitats, other special wildlife designations such as Critical Habitat and Important Bird Areas, identified wildlife corridors (e.g., pronghorn antelope, predators, and other wide-ranging wildlife), and significant stands of unique vegetative communities (e.g., saguaro cactus), as determined through the Preliminary Site Investigations described in subsection D.1.c(2).
Full Breakdown
Section 608 of the Planning and Zoning Ordinance defines an Important Bird Area as land identified, monitored and protected by the Audubon Society as vital to the continued existence of a large variety of bird species. 4, and item (2) names locations that conflict with or have potential significant negative impacts on Special Status Species and their habitats, other special wildlife designations such as Critical Habitat and Important Bird Areas, and identified wildlife corridors. Before filing an application, Section 608(D)(1)(c)(2)(a) requires a preliminary habitat and wildlife study covering the project area and land within five miles of the project boundary that specifically addresses Important Bird Areas and wildlife corridors, done in consultation with the Arizona Game and Fish Department and any state or federal wildlife agency with jurisdiction.
Any issues those agencies raise must be resolved in a Wildlife Protection Plan required under Section 608(D)(2)(c), which must inventory Special Status Species, identify Critical Habitat and Important Bird Areas on the site, and detail timing restrictions to protect active nesting periods and migration movements. The protection runs through the permitting process for solar development rather than as a standalone wildlife code, but it is binding on any Solar Facility Use Permit application the county considers.
Violations & Fines
Disturbing a Restricted Location such as an identified Important Bird Area without an approved waiver under Section 608(D)(4) is grounds for denial or revocation of the Solar Facility Use Permit, enforced by the Yavapai County Development Services Department through the ordinance's use-permit and zoning enforcement process in Section 205.
Frequently Asked Questions
Can a solar farm be built on land in an Important Bird Area in Yavapai County?
What study does a solar developer have to do about birds?
Is there a general county ordinance protecting birds outside the solar context?
Sources & Official References
Other rules in Yavapai County
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