Chopping Down a Cactus: A Felony in Arizona, But What About Your Nebraska Yard?

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Chopping Down a Cactus: A Felony in Arizona, But What About Your Nebraska Yard?

No, chopping down a cactus in your Nebraska yard is not illegal. Unlike Arizona—where native saguaro cacti on public/private lands are protected as state property under A.R.S. § 3-931, making unauthorized removal a Class 6 felony—Nebraska treats backyard cacti as standard private landscaping with no special protections.[ from prior context on property laws]

Nebraska Rules

Nebraska statutes regulate trees, hedges, and obstructions near roads or sidewalks (e.g., NRS 17-555, 39-1812), requiring trimming to avoid nuisances, but cacti fall under general property rights. Homeowners can remove or prune non-native plants like prickly pear (common in Nebraska gardens) on their deed-held land without permits, unless locally zoned as heritage or in protected areas like state parks.

Key Differences

StateCactus Status ​[prior AZ context]Penalty for Removal
ArizonaNative species protected statewideFelony fines/jail
NebraskaOrnamental/nonnative; private propertyNone; standard nuisance rules only

Local ordinances might apply for invasive species or neighbor disputes, but no felony risk exists.

SOURCE

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