NATURAL AREA OPEN SPACE

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What is NAOS?A Natural Area Open Space ease-ment essentially restricts what can bedone with a piece of land. NAOSeasements are areas of continuousnatural desert. Easements are dedi-cated in common tracts within sub-divisions or on an individual lot-by-lot basis. Land that is designated NAOS must be preserved in its nat-ural desert state and remain free ofobstruction. No grading, filling,clearing or excavation of any kind ispermitted in the NAOS easement.Structures, including walls, pools,barbecues, etc. may not be built within an NAOS easement.

Who owns the NAOS?Although the City of ScottsdaleZoning Ordinance mandates thededication of NAOS, the land isowned by a homeowners associationor individual and is private property.However, the easement acts as a deed restriction and serves to achieve the goals of the city’s Environmentally Sensitive Lands Overlay.

IntroductionThe City of Scottsdale has anongoing interest in preservingthe unique qualities of theSonoran Desert. Thisincludes native vegetation,scenic corridors, animal habi-tats, boulder outcroppings, and washes. Scottsdale con-tains an abundance of diverse native plant and animalspecies that contribute to itscharacter and beauty. Theymerit protection under theEnvironmentally SensitiveLands Overlay (ESL), as well as the former HillsideOrdinance.

An important part of the ESL regulations is the Natural Area Open Space(NAOS) requirement. TheNAOS requirements aredesigned to preserve thedesert in its natural state.NAOS is an effective preser-vation tool, but its integritycan only be protected andmaintained with the assis-tance of a well-informedpublic.

The following guidelines are written in accordance withthe city’s Environmentally Sensitive Lands Overlay.They are general in natureand may not fit all situations.For case specific questions, orif you have an unusual situa-tion, please contact theCurrent Planning Departmentat (480) 312-2500 or emailplanninginfo@scottsdaleaz.gov.

NAOS easementsare areas of

continuousnatural desert.

How do I know if there is an NAOSeasement on my property?

The owner of the underlying property is responsible for maintenance.Consult the original dedicationinstrument. This is either theapproved final plat if the NAOS is incommon tracts throughout your sub-division or a separately recordedsigned document. These should out-line maintenance responsibilities.Maintenance is very minimal and isthe responsibility of a homeownersassociation. An NAOS that has beendedicated on an individual lot is the responsibility of that property owner.

How do I know who is responsible formaintenance of the NAOS?

The NAOS easement is dedicatedagainst the property and should show up on the current completetitle report under Schedule B or onthe subdivision plat. Once the dedi-cation is made, it stays with theproperty even after a change in own-ership. For more information onNAOS locations, you can utilize the Parcel Information Maps at www.ScottsdaleAZ.gov and search ‘parcel information maps’.

NAOS maintenance isgenerally limited tothe removal of man-made debris, washobstructions, invasiveplants, parasitic plant growth and thecreation of defensiblespace per the FireDepartment guidelines.

Can an NAOS easement bereconfigured?In such cases where proposed siteimprovements such as pools or guesthomes may desire to extend into anNAOS area, a Release of Easementmay be an option. A portion of an NAOS easement may be released ifan additional, equal amount of naturaldesert can be dedicated as replace-ment and it still meets the require-ments set forth in the ESL Overlay.The Release of Easement processshould be completed in advance ofany other type of plan submittal toassure that the lot still meets its NAOS requirements. For more infor-mation on the Release of Easementprocess, visit www.ScottsdaleAZ.govand search ‘release of easement’.

Can I clean up an NAOS easement that is on my property?NAOS maintenance is limited to theremoval of man-made debris, washobstructions, invasive plants includingdesert broom, parasitic plant growth only as it relates to the health of the host plant, and the creation of defen-sible space as recommended by the Fire Department. Dead plants, such as saguaros that have fallen over, serve as animal habitat and are to be left in place unless it is determined that they pose a health and safety concern.

Can I create a firebreak in NAOS?

Trimming of shrubs, perennialgrasses and removal of deadbranches and limbs allowed.

NAOSRemoval of fallen deadbranches and limbs onlyallowed in this area.

REAR YARD

NAOSNAOS

STREET

MAIN HOUSE

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D SEFENSIBLE PACE

Trim LiveVegetation

VegetationRemove Dead

Total DefensibleDimensions 30 feet

5 feet

15 feet

20 feet

Homes Walls & Streets

15 feet

15 feet

Trimming of shrubs, perennialgrasses and removal of deadbranches and limbs allowed.

Removal of fallen deadbranches and limbs onlyallowed in this area.

ENCLOSED REAR YARD

NAOS

15’

15’

15’15’

PROPERTY LINEPROP

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D SEFENSIBLE PACE

Trim LiveVegetation

VegetationRemove Dead

Total DefensibleDimensions 30 feet

5 feet

15 feet

20 feet

Homes Walls & Streets

15 feet

15 feet

HOUSE

5’

5’

15’

PERIMETER SITE WALL

STREET

15’PROPERTY LINE

PROPERTY LINE

NAOS

NAOS

In cooperation with the Fire Department, it has been determined that a defensible zone may be maintained within 30 feet of a habitable structure with city approval. Contact the Fire Department at (480) 312-FIRE with questions.

15’

HOUSE

5’

5’5’

5’

5’

15’15’

5’PROPERTY LINE

Can a portion of the total NAOSeasement be disturbed? Unless designated on City approvedconstruction documents asRevegetated, NAOS should not be disturbed. Upon final site plan approval from the City of Scottsdale, a small percentage of land dedicated as NAOS can be disturbed with theunderstanding that these areas willbe restored once construction opera-tions have ceased. This area is referred to as Revegetated NAOSand is shown on the approved siteplan. Some examples of areas thatwould be designated as RevegetatedNAOS include land that was previ-ously scarred prior to construction,retention/detention basins, and pub-lic utility easements.

How is disturbed NAOS arearevegetated?Once construction operations arecompleted, disturbed NAOS areasthat were called out on the approvedplans must be revegetated under theguidance of a city inspector.Revegetated NAOS areas shouldmatch the closest adjacent undis-turbed desert area. The most effec-tive way to restore a disturbed area isto take an inventory of and salvagethe vegetation, including smallshrubs and cacti, prior to distur-bance. Salvaged plants are betteradapted to the harsh dry environ-ment and are therefore more likely to survive and not be consumed bywildlife. This is also the simplest and fastest method of recreating thedesert environment. Plants shouldbe watered with a temporary irriga-tion system until they are estab-lished. Non-native plants may notbe planted within an NAOS ease-ment.

May I add decomposed granite to NAOS?Decomposed granite or mulch of anykind is not allowed. It is recom-mended that the “desert pavement”, i.e. small rocks, pebbles, and seeds,be salvaged off of the desert floorand scattered into the revegetatedNAOS areas.

Decomposed granite or mulch of anykind is not allowed in NAOS.

Can I prune trees and shrubs in NAOS? NAOS areas are not to be confusedwith landscaped areas and are notmeant to appear manicured. Treesand shrubs shall not be pruned orsheared unless it can be determinedthat they are blocking the right-of-way or as recommended in theDefensible Space guidelines from the Fire Department.

Can I remove native plants from theNAOS?No, all native plant material located in the NAOS is protected by ordi-nance regardless of its condition. Deceased plant material serves as animal habitat and is required to be left alone except in accordancewith the Defensible Space recom-mendations from the Fire Department.

Mistletoe is a parasitic plant thatgrows in many native trees includingPalo Verde and Ironwood. It pro-duces a red berry that attracts birds and is an excellent food source fornative animals. Excessive mistletoemay eventually harm the tree andmay be removed only as it relates tothe health of the plant.

What are invasive plants and can Iremove them from my NAOS?Invasive plants are typically notindigenous to the area and may com-pete with the existing native vegeta-tion and eventually take over an area.Specific plants have been identifiedas invasive by the City and are listedin the City’s brochure Invasive PlantsIn and Near the McDowell SonoranPreserve.

...all native plantslocated in the NAOSare protected byordinance...

What is mistletoe and can I remove itfrom trees?

NAOS preserves/protects habitats for native animals.

Can I add plants to an NAOS easement?For NAOS areas that are sparselyvegetated due to man-made or otherdisturbances, plants may be addedafter obtaining City approval. A plan shall be provided showing the proposed planting site, native plant material to be installed, access points, and installation and irrigation metho-dology. All plants must occur naturally within the planting region. Vegetation ‘walls’ or any proposal that creates an unnatural density of plant material will not be considered for approval. For more information or for a copy of the city’s Indigenous Plant List, visit www.ScottsdaleAZ.gov and search ‘ESL indigenous plant list’.

What should I do if I believe there is anNAOS violation in my neighborhood?To report a possible violation, con-tact the city’s Code EnforcementDepartment at (480) 312-2546. Beprepared to provide an address alongwith a description of the problem.

May I set traps or use pesticides in anNAOS area?Pesticides, chemicals, or traps of anykind shall not be introduced in NAOS. The introduction of traps and hazard-ous household or industrial chemicalsin the environment may producelarger unintended harmful ecologicalconsequences including, but not limit-ed to, disease, poisoning the food chain, and sterilizing the soil.

Other related brochures available at www.ScottsdaleAZ.gov

Planning and Development Services

7447 E. Indian School Rd.Scottsdale, AZ 85251480.312.2500www.ScottsdaleAZ.gov

Updated May 2017

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