HOMEOWNER’S GUIDE TO

NATURAL AREA OPEN SPACE

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NAOS easementsare areas of

continuous natural desert.

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 diversenative plant and animalspecies that contribute to itscharacter and beauty theymerit protection under theEnvironmentally SensitiveLands Ordinance (ESLO), aswell as the former HillsideOrdinance.

An important part of theESLO regulations is theNatural 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 arewritten in accordance withthe city’s EnvironmentallySensitive Lands Ordinance.They are general in natureand may not fit all situations.For case specific questions, orif you have an unusual situa-tion, please contact theCurrent PlanningDepartment at (480) 312-2500.

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 designatedNAOS 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,barbeques, etc., may not be builtwithin 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 adeed restriction and serves to achievethe goals of the city’sEnvironmentally Sensitive LandsOrdinance.

STREET

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

Removal of fallen deadbranches and limbs onlyallowed in this area.

MAIN HOUSE

NAOS

15’

5’

25’25’

5’

15’

5’REAR YARD

5’

NAOSNAOS

5’15’

Can I create a firebreak in NAOS?In cooperation with the Fire Department, it has been determined that a defen-sible zone may be maintained within 30 feet of a habitable structure with cityapproval. Contact the city’s Current Planning Department at (480) 312-2500for information on obtaining approval.

DEFENSIBLE SPACE

Trim Live Vegetation

Remove DeadVegetation

Total DefensibleDimensions

5 feet

25 feet

30 feet

5 feet

15 feet

20 feet

Homes Walls & Streets

How do I know if there is an NAOSeasement on my property?The NAOS easement is dedicatedagainst the property and shouldshow 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 contact theRecords Department at (480) 312-2500.

How do I know who is responsible formaintenance of the NAOS?The owner of the underlying propertyis 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 hasbeen dedicated on an individual lot isthe responsibility of that propertyowner.

Can an NAOS easement be reconfigured?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 anNAOS easement may be released ifan additional, equal amount of natu-ral desert can be dedicated asreplacement and it still meets therequirements set forth in the ESLO.The Release of Easement processshould be completed in advance ofany other type of plan submittal toassure that the lot still meets itsNAOS requirements. Contact theDevelopment Services Departmentat (480) 312-2500 for more informa-tion on fees and submittal require-ments.

Can I clean up an NAOS easement that ison my property?NAOS maintenance is limited to theremoval of man-made debris washobstructions, invasive plants, and theremoval of parasitic plant growthonly as it relates to the health of thehost plant. Dead plants, such assaguaros that have fallen over, serveas animal habitat and are to be left inplace unless it is determined thatthey pose a health and safety con-cern. Contact the Current PlanningDepartment at (480) 312-2500 forquestions regarding maintenance.

NAOS maintenance islimited to theremoval of man-made debris washobstructions, invasiveplants, and theremoval of parasiticplant growth only asit relates to thehealth of the plant.

Can a portion of the total NAOS easement be disturbed?Unless designated on City approvedconstruction documents asRevegetated, NAOS cannot be dis-turbed. Upon final site plan approvalfrom the City of Scottsdale, a smallpercentage of land dedicated asNAOS can be disturbed with theunderstanding that these areas willbe restored once construction opera-tions have ceased. This area isreferred 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 a disturbed NAOS area revegetated?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 tosurvive and not be consumed bywildlife. This is also the simplestand 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.

...all plant materiallocated in the NAOSis protected by ordinance...

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 pose a public health or safetyconcern.

Can I remove native plants from theNAOS?No, all plant material located in theNAOS is protected by ordinanceregardless of its condition. Deceasedplant material serves as animal habi-tat and is required to be left aloneunless it is determined that it poses apublic health or safety concern.

What is mistletoe and can I remove itfrom trees?Mistletoe is a parasitic plant thatgrows in many native trees includingPalo Verde and Ironwood. It pro-duces a red berry that attracts birdsand is an excellent food source for

native animals. Excessive mistletoemay eventually harm the tree andmay be removed only as it relates tothe health of the plant. If you areconsidering removing mistletoe fromtrees located in an NAOS easement,contact the Current PlanningDepartment at (480) 312-2500 forinformation on obtaining NAOSMaintenance Staff Approval.

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. If you are consideringremoving invasive plants from yourNAOS easement, please contact theCurrent Planning Department at(480) 312-2500 for information inobtaining NAOS Maintenance Staff Approval.

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.

Who Can I Contact?Remember, prior to modifying anyportion of a dedicated NAOS ease-ment, permission must be obtainedfrom the City of Scottsdale. Thisinformation is provided for generalreference purposes only and will notsuit every situation.

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 NAOS Enhancementstaff approval. A plan shall be pro-vided showing the proposed plantingsite, native plant material to beinstalled, access points, and installa-tion and irrigation methodology. Allplants must occur naturally within theplanting region. Vegetation ‘walls’ orany proposal that creates an unnatu-ral density of plant material will notbe considered for approval. For moreinformation or for a copy of the city’sIndigenous Plant List, contact theCurrent Planning Department at(480) 312-2500.

NAOS creates livable habitats for native animals.

Planning, Neighborhood & Transportation

7447 E. Indian School RdScottsdale, AZ 85251480.312.2500www.ScottsdaleAZ.gov

Printed May 2010

Other related brochures available at www.ScottsdaleAZ.gov