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

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

No, chopping down a cactus in your own Delaware yard is not illegal, unlike Arizona where native cacti like saguaro are protected as state property, making unauthorized removal a felony [ from prior context on protections].

Delaware Property Rights

Delaware law grants homeowners full control over vegetation on their private property, with no specific statutes prohibiting cactus removal unless the plant is designated as noxious, invasive, or on a protected list like the Plant Watch List under Title 3 Chapter 29. Common backyard cacti, often ornamental and non-native, fall under general property rights without restrictions, allowing trimming or removal at the owner’s discretion.​

Potential Restrictions

Noxious weed laws (Title 3 Chapter 24) target plants exceeding height limits or producing seeds that harm agriculture, but cacti are not listed; violations focus on spread, not individual removal. Local ordinances in areas like New Castle or Delaware City may protect hazard trees or indigenous plants, but cacti typically do not qualify unless they pose safety risks. Invasive plant bans (Senate Bill 22) limit sales and planting, not destruction on private land.

SOURCES

[1](https://www.jdsupra.com/legalnews/making-a-splash-in-the-courts-the-1760048/)
[2](https://www.audubon.org/news/delaware-governor-signs-invasive-plant-bill-unanimous-support)
[3](https://agriculture.delaware.gov/plant-industries/noxious-weeds/)
[4](https://naisma.org/2021/02/24/delaware-passes-invasive-plant-bill-soon-to-join-atlantic-seaboard-states-with-legislation-on-commercial-traffic-of-invasive-plants/)
[5](https://law.justia.com/codes/delaware/title-3/chapter-29/section-2904/)

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