Arizona Statewide Rule
Arizona Native Plant Law Protects Specific Species
Key Facts
- Statute
- A.R.S. 3-901 to 3-932
- Regulator
- AZ Dept of Agriculture
- Notice Required
- 20-60 days
- Top Penalty
- Class 4 felony (by value)
Summary
The Arizona Native Plant Law protects designated cacti, trees, and other species from destruction or removal without state permits, applying universally on private and public land regardless of municipal rules.
A. This chapter does not prevent the destruction of protected native plants or clearing of land or cleaning or removing protected native plants by the owner of the land or the owner's agent if: 1. The land is in private ownership. 2. The protected native plants are not transported from the land or offered for sale. 3. The owner or the owner's agent notifies the department pursuant to this section of the intended destruction at least: (a) Twenty days before the plants are destroyed over an area of less than one acre. (b) Thirty days before the plants are destroyed over an area of one acre or more but less than forty acres. (c) Sixty days before the plants are destroyed over an area of forty acres or more.
Full Breakdown
A.R.S. Title 3, Chapter 7 (sections 3-901 through 3-932) classifies protected native plants into Highly Safeguarded, Salvage Restricted, Salvage Assessed, and Harvest Restricted categories. The Arizona Department of Agriculture issues permits and tags for moving or destroying species like saguaro, ocotillo, ironwood, and barrel cactus. Landowners must provide 20 to 60 days' notice before clearing land containing protected plants. The statute applies on private property statewide and overrides any local rule that would weaken native species protection.
Violations & Penalties
Unlawful destruction of protected native plants is a class 3 misdemeanor under A.R.S. 3-932, escalating to a class 4 felony when the value of plants taken reaches $1,500. The Department of Agriculture may also require restoration and revoke permits.
Frequently Asked Questions
Can I remove a saguaro from my own yard in Arizona?
Does the Native Plant Law apply inside city limits?
Sources
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