Arizona is loaded with miles of diverse cactuses and plants, but that doesn't mean those plants are free to be taken.
Although some flowers are free to be picked and can make a nice table arrangement, the same cannot be said for Arizona's protected native plants, especially the saguaro cactus.
Arizona holds the saguaro cactus dear to its heart for several reasons, which is why there are special protections around handling these plants.
It's not only the fact that these iconic cactuses can live to be 300 years old, or the fact that its bloom is literally the state's flower, but it's also that these cactuses provide food and shelter for the desert's wildlife and have been important to indigenous communities for centuries.
Is it illegal to cut down a saguaro cactus from my own yard?
Typically, removing protected
native plants is illegal, but if you are removing a plant from your own private property, then it is possible.
Removal of protected native plants from private property is legal only by the owner or agents of the owner of the private property. Still, a notice of intent form must be submitted to the Arizona Department of Agriculture before the plant is removed or destroyed on a plot of land that is 10 acres or more with no preexisting residential property.
For land with preexisting individually owned residential properties on less than 10 acres, no notice of intent is required. This accounts for most residential homeowners.
However, for those with larger plots of land or land with no preexisting residential property, the time in which the notice of intent should be submitted depends on the size of the land:
- For one acre or less of land, 20 days' notice is expected.
- 30 days notice is required for land that's more than one acre but less than 40 acres.
- 60 days' notice is expected for land of over 40 acres or more.
What happens to the plant after it's removed can still get you into legal trouble. Removal of the plant from private property by the owner is legal after proper notice, but if the plant is being sold or given away, then further permits are required from the Department of Agriculture.
Can I remove a saguaro cactus that fell in my yard?
The law does not protect cactus skeletons and dead plant material, so if a plant is visibly dead, then there is no need to submit a notice of intent regardless of the size of the land or land ownership.
However, the Arizona Department of Agriculture also stated in an email, "The guidance does not treat storm damage alone as automatically eliminating the notice requirement." Meaning that simply because there was damage to the cactus from a storm does not always mean a notice of intent is not required.
As stated, if you own a home on less than 10 acres of land, a notice of intent is not required regardless of if the cactus has fallen or you simply want it removed.
For case-by-case clarification on storm damage to saguaro cactus, call the Arizona Department of Native Plant Enforcement: (602) 364-0907
Is it illegal to take a saguaro cactus from the desert in Arizona?
Yes, it is illegal to remove the saguaro cactus or any protected native plant from any public or government land.
The only exception to this is if authorization is granted by the authority responsible for that land.
"Regulations and permitting processes vary by jurisdiction, including state trust land, state parks, municipal property, tribal land, and federally managed land such as National Park Service, Bureau of Land Management, or U.S. Forest Service property. The relevant land-management agency should be contacted directly before any collection, removal, or transportation occurs," a statement from the Arizona Department of Agriculture said.
Can I go to prison for removing a saguaro cactus?
Yes, you could hypothetically go to prison for cutting down Saguaros, but that is the statutory maximum, not a typical penalty.
According to A.R.S. 3-932, penalties can vary according to the violation. Penalties can range from misdemeanor charges with fines ranging from $500 to $2,500, depending on the classification. Felony charges can get up to $150,000, and jail or prison might even apply in extreme circumstances.
For further questions regarding Arizona's protected native plants, visit agriculture.az.gov.
This article originally appeared on Arizona Republic: Is cutting down a saguaro really illegal in Arizona? What law allows
